It would be a shame to see Eiger Corp. pursue legal action in their quest to build a 12-18 screen theater in southeast Lincoln. I can't say I blame them for being fired up. Douglas has held a city-endorsed monopoly in Lincoln for years by virtue of the city's restrictions on theaters outside of Downtown. I'm sure it really gets Eiger's goat that even Lincoln's city council members think the restriction is bad policy, and yet they continue to support it anyway.
If Eiger does pursue legal action, it will be interesting to see on what grounds they file suit. I'll defer to Mr. T and other commenters to shed light on the potential legal questions. My gut instinct, though, is that Eiger should lose any legal challenge of the ordinance. Although I think the six-screen restriction is stupid, I also think that as long as there are zoning laws, it is a community's right to enforce such a restriction. Then again, that attitude lies on the slippery slope toward allowing a community to enforce pretty much any property restriction. Maybe a property owner ought to be able to use his property however he sees fit. That attitude, too, is laced with problems. In truth, the matter has me in a bit of a mental bind.
There may, in fact, be a solution other than just letting the courts hammer it all out. Public opinion seems to lean toward dumping the policy. No, that's too understated. Every indication I'm aware of is that public opinion is tilted heavily in favor of letting Eiger Corp. build its 12-18 screen complex. I would guess the current policy is opposed by Lincolnites 2 to 1; in an election, I think it would likely lose 3 to 2 (because voters tend to be a bit more conservative about these sorts of things when they show up to the polls).
Would a petition campaign compel city council members to change their minds? My instinct says no. Mayor Seng would almost certainly not be swayed. (By the way, I haven't given ol' Mayor Seng a pat on the back for actually taking a stand on this issue. By my count that makes, uhh, well, one issue that she has taken a stand on since she took office. Way to go Mayor Seng!) A petition campaign, or some other sort of survey, would make clear the voters' preferences, however. If members of the City Council were to choose to ignore a resounding roar of disapproval from the voters -- if, of course, such a roar actually occurred -- they would do so at their peril. Although such a campaign would not be legally binding, it would be politically persuasive, maybe even enough to avoid some of the expense of money, time, and energy in the courts.
Do you folks see the same level of disapproval with the current policy that I see? Is the desire for change as strong as I think it is, or am I misperceiving public sentiment? If you could "vote" via a petition or survey, what vote would you cast?
Comments
See what your friends and neighbors have to say about this.
For me this is one of those “don’t know enough to make an informed decision” things. Outside of arguing on principle, what are the pros and cons of keeping the status quo vs ending the monopoly?
Ostensibly the major pro of keeping the status quo is that Lincoln gets a vibrant Downtown entertainment district anchored by The Grand. Secondary to that is that Lincolnites will get to feel like we actually spent our tax dollars on something worthwhile if we let The Grand operate unimpeded for a while.
The cons are that The Grand might stumble, thus screwing up the entertainment district plan and seemingly wasting all of those tax dollars we spent on subsidizing the thing. A less pressing concern (relatively speaking) is that the megaplex will exacerbate traffic problems in an area already heavy with traffic, despite the fact that development in the area is nowhere near being finished.
Share your thoughts with the community.
Commenting is no longer permitted on this post.