Biloxi Council approves sale of Biloxi Shuckers despite multi-million dollar lawsuit
The sale of the Biloxi Shuckers got the blessing of the Biloxi Council Tuesday despite a federal lawsuit against the majority owner of the team.
In March, the council tabled a resolution to approve the sale of the team to John Tracy and Shuckers Baseball LLC from majority owner Ken Young’s Biloxi Baseball LLC. The sale was announced in February.
The resolution to approve the sale was back on the council agenda Tuesday at the 1:30 p.m. meeting.
Councilman Robert Deming III was the only member of council who voted against the sale. Deming said he would love to see a better owner of the team, the lawsuit against the title of the team makes him vote against it.
Major League Baseball approved the sale with the consent of the city, Deming said, so it is a misnomer the sale could go through without Biloxi’s permission. The city is approving the new owner without negotiating for better terms, he said.
On March 28, Timothy Bennett convinced the council to delay approving the sale of the team he worked for 10 years to bring to Biloxi after he was able to get Trustmark Park stadium built near Jackson.
Bennett, a minority owner of the team, said he wasn’t provided any of the sale documents and asked for time to protect his investment.
“How do we get there if I’m being kicked out of a team I own,” he asked the council and said he was informed of the sale of the franchise by email.
Lawsuit filed
Bennett and Overtime Sports Management Biloxi filed a lawsuit April 13 in Norfolk, Virginia against Young and Biloxi Baseball doing business as Biloxi Shuckers.
The lawsuit claims Bennett suffered adverse consequences to his personal business as a result of Young’s breach of contract and discrimination.
“It is truly amazing that we find ourselves here in this situation again, very similar to issues that persisted some 50 to 60 years ago that continue to rear their ugly head,” said Bennett, who is Black.
The lawsuit claims financial damages of $1.5 million, along with $16 million in other damages.
This isn’t the first lawsuit Bennett has brought against Young, accusing Young of discrimination and non-payment.
But it may be his last chance to recoup some of the money Bennett claims he is owed.
Once the franchise ownership is transferred, the lawsuit says, Bennett may have difficulty recouping his losses.
The lawsuit lists several other of Young’s legal issues.
Moving on from Biloxi
The original agreement in 2014, separate from the Shuckers stadium lease with the city, awarded Bennett exclusive management rights at MGM Park and development rights for the northern end of the property. The agreement gave Young exclusive right to manage all concessions at the stadium.
A double booking of the stadium during Conference USA, the stadium’s most successful event, led to Bennett leaving Biloxi. He moved to Jackson, where he founded and became CEO of the Hank Aaron Sports Academy at the former Smith-Wills Stadium, where he hosts tournaments and other major events.
“All the things I wanted to do and did do here,” he told the Biloxi Council.
“I’m both fortunate and thankful that we live in a country where all of our rights are protected and that so many of baseball’s good leaders and forward thinkers continue to support minority participation at all levels in this sport known as America’s favorite pastime,” Bennett said in a statement, “despite these trying times being endured by my company, staff and myself.”
City approval not necessary
City attorney Peter Abide said at the March 28 meeting that once Major League Baseball approves the change in ownership, Biloxi’s consent is not even required to sell the team.
Bennett is a 3.5% minority owner in Biloxi Baseball, Abide said, and a minority owner can’t stop transfer owner of team. Whatever issues Bennett has with Biloxi Baseball, he will continue to preserve that even when the team is sold, he said.
Abide said Young and the team signed off on the agreement.
