UNITED STATES DISTRICT COURT FOR THE


         NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION





THORTON ELLIOTT, EUGENE McQUEEN,   )


VERNON JOHNSON, MICHAEL CHOICE,    )


FAMIOUS FRENCH, MARCUS LYONS,      )


DARRYL LANE, RONNIE NELLON,        )


CHARLES J. BEYER, JACKIE SMITH,    )


SAUL LOCKETT, ZEKE RAND, LEO       )


JOHNSON, LAWRENCE RAND, ROBERT     )


JOHNSON, LOUIS DAVIS, ANTOINETTE   )


JOHNSON, AND HUBERT WEBB,          ) 


                                   )


          Plaintiffs,              )


                                   )


       V.                          )   NO.


                                   )


THE UNITED CENTER, A JOINT         )


VENTURE f/k/a METRO-CHICAGO        )


SPORTS STADIUM JOINT VENTURE       )   INJUNCTIVE RELIEF


                                   )   REQUESTED


          Defendant.               )   JURY DEMANDED





              COMPLAINT FOR DAMAGES AND PRELIMINARY


                 AND PERMANENT INJUNCTIVE RELIEF





     Now come Plaintiffs, THORTON ELLIOTT, EUGENE McQUEEN, VERNON


JOHNSON, MICHAEL CHOICE, FAMIOUS FRENCH, MARCUS LYONS, DARRYL LANE,


RONNIE NELLON, CHARLES J. BEYER, JACKIE SMITH, SAUL LOCKETT, ZEKE


RAND, LEO JOHNSON, LAWRENCE RAND, ROBERT JOHNSON, LOUIS DAVIS,


ANTOINETTE JOHNSON, AND HUBERT WEBB, by their attorneys, Donald G.


Weiland and Mark Weinberg, and complaining of the Defendant, the


United Center, a joint venture, f/k/a Metro-Chicago Sports Stadium


Joint Venture, state as follows: 





                       Nature of the Case


     1. This action is brought by various vendors who have sold and


continue to sell peanuts outside the United Center.  Plaintiffs


seek preliminary and permanent injunctive relief and damages under


Section 2 of the Sherman Act (15 U.S.C. sec. 2), against the United


Center, a joint venture, f/k/a Metro-Chicago Sports Stadium Joint


Venture.


     2. Plaintiffs allege that the policy that prohibits United


Center patrons from bringing peanuts into the United Center is an


unlawful practice that eliminates competition in concession sales


at the United Center and constitutes a willful attempt to maintain


a monopoly in violation of Section 2 of the Sherman Act (15 U.S.C.


sec. 2).


                     Jurisdiction and Venue


     3.  Jurisdiction of this court is invoked under Section 2 of


the Sherman Act (15 U.S.C. sec. 15 and 26) and 28 U.S.C. sec. 1331


and 1337.


     4.  Venue is proper in this district because defendant's


offices are located in the Northern District of Illinois and the


unlawful acts complained of occurred in this district.  Venue is


proper in this district pursuant to Section 12 of the Clayton Act


(15 U.S.C. sec. 22) and 28  U.S.C. sec. 1391(b) and (c).


                           PlaintiffS


     5.  Plaintiffs, THORTON ELLIOTT, EUGENE McQUEEN, VERNON


JOHNSON, MICHAEL CHOICE, FAMIOUS FRENCH, MARCUS LYONS, DARRYL LANE,


RONNIE NELLON, CHARLES J. BEYER, JACKIE SMITH, SAUL LOCKETT, ZEKE


RAND, LEO JOHNSON, LAWRENCE RAND, ROBERT JOHNSON, LOUIS DAVIS,


ANTOINETTE JOHNSON, AND HUBERT WEBB, are residents of Cook County,


Illinois.  Plaintiffs, at times relevant to this Complaint, sold


and continue to sell peanuts outside the United Center, in


compliance with existing ordinances.


     6.  Plaintiffs purchase their peanuts from various peanut


wholesalers in the Chicago area.  The wholesalers import peanuts


from other states, including Georgia, for sale to the Plaintiffs


and to others. 


     7.  Each year, Plaintiffs sell hundreds of thousands of


dollars worth of peanuts brought to Illinois through interstate


commerce.  


     8.  Since the ban on patrons bringing peanuts into the United


Center, sales from wholesalers to the peanut vendors, and from the


peanut vendors to consumers, have dropped significantly.


                            Defendant


     9.  The United Center is a joint venture doing business in


Chicago, Illinois, with its principle place of business at 1901


West Madison Avenue, Chicago, Illinois. 


     10.  The United Center joint venture owns and operates the


United Center, a general purpose stadium located at 1901 W. Madison


Street, Chicago, Illinois, and is the home of the Chicago


Blackhawks and Chicago Bulls.  The United Center also holds special


exhibits such as a circus, music concerts, college basketball


games, and others.


               Business Activities of the Parties


     11.  Plaintiffs are among independent peanut vendors who sell


food on public sidewalks outside virtually every sports stadium in


the United States.  A market for food concessions exists wherever


professional sporting events are held.


     12.  Like all other professional sports stadiums, the United


Center offers food concessions to its patrons. 


     13.  The United Center offers a wide selection of food items


inside the stadium, including hotdogs, pizza, candy, popcorn,


pretzels, and cold drinks.


     14.  Though the United Center has a natural (also known as


innate) monopoly on concession sales inside the United Center,


competition for the sale of food concessions at the United Center


exists outside the stadium on the public sidewalks surrounding the


United Center. 


     15.  Plaintiffs sell peanuts on the public sidewalks around


the United Center.


     16.  Plaintiffs and Defendant sell their goods to the same


patrons at the same time. 


     17.  Defendant and Plaintiffs sell slightly different goods,


but the goods are substitute goods and fall under the general


category of snack foods.


     18.  Historically, the market for concessions of food at the


United Center has been dominated by concessions sold inside the


stadium. 


     19.  At the old Chicago Stadium (formerly across the street


from the United Center), inside food concessions held a market


share of well over 90%.  


     20.  For many years, significant amounts of food concessions


have been sold by independent vendors on the sidewalks outside the


Stadium, with estimated sales last year of over $500,000.


     21.  The sale of snack food concessions at the United Center


constitutes a relevant market under federal antitrust laws.


     22.  For food vendors outside of stadiums to compete in the


market for food concessions at stadiums, the food sold by outside


vendors must be allowed inside the stadiums.  


     23.  If food sold by Plaintiffs is not allowed inside, stadium


patrons will not buy the food from outside vendors, knowing it will


prevent their admittance into the stadium.


     24.  Since peanuts are the only food sold directly outside of


the United Center to United Center patrons, Plaintiffs are the only


competitors in the relevant market for food concessions at the


United Center.


     25.  For legitimate business purposes, certain types of foods


are universally prohibited from being brought into most stadiums.


For example, alcohol, beer, bottles, and cans of any sort are not


allowed in almost all stadiums.  There exists valid business


reasons for such prohibitions, e.g., the risk of not being able to


control the alcohol intake of fans, and the danger of irresponsible


fans throwing a cans or bottles onto the field of play. 


     26.  The interstate commerce involved here is Plaintiffs'


purchase of hundreds of thousands of dollars worth of peanuts which


are bought to this market from other states.  In addition, sales of


these same peanuts are made to consumers from several states,


including Illinois, Indiana, Wisconsin, and Iowa.


           Conduct of Defendants: Prohibition on Food


     27.  In September 1994, the United Center instituted a policy


that prohibits all food from being brought into the stadium.


     28.  Patrons of the United Center are inspected for food prior


to entering the stadium and, if food is found, it is confiscated by


stadium security.


     29. The prohibition on bringing food inside the United Center


substantially injures competition in the market for food


concessions at the United Center:  because they now know that


peanuts purchased outside the United Center will be confiscated


before entrance into the stadium, significant numbers of United


Center patrons no longer buy food from outside vendors.  


     30.  The prohibition threatens over time to eliminate all


competition in the market for food concessions.


     31.  Plaintiffs have been damaged as a direct result of


Defendant's action.  The average sales of peanuts have dropped to


approximately one-fifth of sales in previous years.


     32.  Many of the individual PlaintiffS have gone completely


out of business, and others struggle to survive by selling peanuts


to (a) patrons who are willing to "smuggle" in the peanuts in


violation of United Center policy, or (b) patrons unaware of the


stadium prohibition. 


     33.  Such damage to competition is precisely the type sought


to be prevented by the antitrust laws.


     34.  Consumer welfare has been seriously harmed by the


prohibition.  Consumer choice has been reduced by forcing patrons


inclined to eat a snack at the stadium to buy only what the United


Center sells.  


     35.  The prohibition also eliminates any price competition in


the relevant market.


     36.  Market history shows that many consumers preferred to buy


peanuts outside of the old Chicago Stadium.


     37.  Consumers had come to rely on and enjoy the benefits of


competition in the market for concessions of food outside of the


old stadium. 


     38.  Consumers would benefit from the same competition at the


new United Center.





          Conduct of Defendants: Exclusionary Practice


     39.  Defendants possess monopoly control over the United


Center and monopoly control over the presentation of live NBA


basketball and live NHL hockey in the Chicago market.


     40.  The monopoly at issue includes certain unique events


available only at the United Center and profit from sales outside


the stadium at such events.


     41.  Defendant has a financial interest in food concessions


sold inside of the United Center and profits from such sales.


     42.  For Plaintiffs to compete with Defendant in the sale of


food concessions at the United Center, it is essential that peanuts


be allowed inside the United Center.  


     43.  In this respect, the United Center is an essential


facility for Plaintiffs to compete with Defendant in the sale of


food concessions at the United Center.


     44.  Defendant has repeatedly refused to allow peanuts into


the United Center.  


     45.  Stadium officials confiscate the peanuts of anyone trying


to bring peanuts into the stadium. 


     46.  On information and belief, the policy prohibiting food in


the United Center is outlined in the United Center's operations


manual. 


     47.  Defendant's denial of access to the United Center of


Plaintiffs' peanuts amounts to a refusal-to-deal with Plaintiffs.


     48.  Defendant could easily allow peanuts inside the stadium.


Peanuts have been allowed inside the old Chicago Stadium since it


was first built in 1927. 


     49.  Peanuts are allowed in every other sports Stadium in


Chicago (i.e., Wrigley Field, Soldiers Field, and Comiskey Park).


     50.  Peanuts are allowed in virtually every sports stadium in


the United States.  Peanuts at sporting events are an American


tradition.  


     51.  There is no legitimate business reason for prohibiting


peanuts inside of the United Center.


                             Count I


            Violation of Section 2 of the Sherman Act


     52.  The United Center possesses monopoly power over food


concession sales at the United Center. 


     53.  Precise numbers are not known to Plaintiffs, but upon


information and belief Defendant controls over 90% of all food


concession sales inside and outside the stadium.


     54.  Defendant has used its monopoly power over access to the


United Center for anticompetitive, exclusionary, and predatory


purposes to maintain and foster their monopoly on food concessions


at the United Center in violation of Section 2 of the Sherman Act


(15 U.S.C. sec 2.).


     55.  Defendant's refusal to allow peanuts in the United


Center, coupled with the absence of a legitimate business purpose


for doing so, amounts to a refusal to deal with Plaintiffs as


competitors in violation of Section 2 of the Sherman Act (15 U.S.C.


sec. 2.)


     56.  Defendant's actions which constitute a violation of the


Antitrust provisions have proximately caused damage and economic


loss to Plaintiffs.


                            Count II


      Interference with Business and Prospective Advantage


     57.  This Count II is a common law tort claim brought pursuant


to the Court's pendant jurisdiction for state claims.


     58.  Plaintiffs had a reasonable expectancy of entering a


valid business relationship with United Center patrons, that is the


sale of peanuts to such patrons.


     59.  Defendant had knowledge of Plaintiffs' reasonable


expectancy of entering a valid business relationship with United


Center patrons.


     60.  Defendant's actions in interfering with the reasonable


expectancy were intentional and malicious.


     61.  The failure of United Center patrons to enter into the


valid business relationship with Plaintiffs, and to purchase their


peanuts, was due to the actions of Defendant.


     62.  As a direct proximate result Defendant's actions in


interfering with the reasonable expectancy Plaintiffs suffered


damage including loss of sales and lost profits.


     63.  Punitive damages are appropriate to punish Defendant for


its wilful and malicious actions, and to deter others from such


actions.





                    Injunctive Relief Sought


     64.  Plaintiffs seek immediate and permanent relief on their


claims in Count I and Count II of the Complaint because Plaintiffs


will be irreparably damaged if the ban on peanuts in the United


Center continues as presently dictated by the Defendant.


     65.  Plaintiffs are suffering and will continue to suffer


injury as a result of Defendant's alleged misconduct.


     66.  Plaintiffs do not have an adequate remedy at law to


prevent Defendant from violating their interests in the sale of


peanuts to United Center patrons, and money damages alone cannot


compensate Plaintiffs for the violation of their rights.


     67.  Plaintiffs have a clear and ascertainable right to


protection of their legitimate and reasonable rights, including the


value of the sales of their peanuts to patrons of the United


Center.


     68.  Plaintiffs are likely to prevail on the merits of their


claims in Count I and Count II.


     69.  Defendant should be prohibited and enjoined from resuming


the ban on peanuts and other food items in the United Center in any


manner other than that which previously existed.  


     70.  Plaintiffs request that this Court enter an order that


the Defendant resume the previous policy of allowing patrons to


bring peanuts into Chicago Blackhawks games, Chicago Bulls games,


and other events at the United Center.


     71.  By Defendant's actions Plaintiffs have been denied the


opportunity to sell their peanuts to patrons of the United Center,


and Plaintiffs request that this Court enjoin Defendant from


enforcing the ban on peanuts brought in the United Center.


     72.  Defendant should be prohibited and enjoined from


enforcing its ban on peanuts brought in the United Center.


     WHEREFORE, Plaintiffs demands judgment in their favor and


against Defendant, and pray for the following relief:


     A.  That the monopolization, and the predatory,


anticompetitive and exclusionary acts committed in furtherance


thereof, be adjudged a violation of Section 2 of the Sherman Act


(15 U.S.C. sec. 2.);


     B. That Plaintiffs be awarded damages for their lost profits


from the sale of peanuts outside the United Center, including 


compensatory damages in excess of $1,000,000, or such other


compensatory damages which shall be proven at trial;


     C.  That Plaintiffs be awarded treble damages determined to


have been sustained by each of them due to the monopolistic conduct


of the Defendant, and that judgment be entered against Defendant;


     D.  That Defendant be enjoined from any further predatory,


anticompetitive and exclusionary conduct by which their unlawful


monopoly on food concessions has been maintained;


     E.  That Defendant be enjoined from banning peanuts in the


United Center;


     F.  That Plaintiffs recover from Defendant the costs of this


suit and reasonable attorneys fees in accordance with Section 4 of


the Clayton Act (15 U.S.C. sec. 15);


     G.  Punitive damages in excess of $2,000,000;  


     H.  Plaintiffs demand trial by jury of all matters so triable


pursuant to Rule 38(b) of the Federal Rules of Civil Procedure; 


and 


     I.  That Plaintiffs have such other and further relief as the


Court may deem just and proper.





                                   Respectfully submitted,











                                   ___________________________


                                   Attorney for Plaintiffs





Donald G. Weiland


Attorney for Plaintiffs


135 S. LaSalle, Ste. 2140


Chicago, IL 60603


(312)782-1403





Mark Weinberg


Attorney for Plaintiffs


3612 N. Tripp


Chicago, IL 60614

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