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Tuesday, October 23, 2007 - Page updated at 04:35 PM

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Sonics face 2nd suit over possible exit

Seattle Times staff reporter

Two days after two Sonics season-ticket holders filed a lawsuit against the team Oct. 1, a second suit claiming the new ownership group misled ticket buyers was filed in King County Superior Court.

Plaintiff Robert Brotherson charges the Sonics "sent a letter to potential season-ticket holders guaranteeing that season ticket prices would be frozen at their current levels through the 2009-10 season." The suit states the team "knew or should have known that the Sonics future in Seattle for the next three seasons was at best uncertain and more likely than not the team was going to be moved."

Both lawsuits seek class-action status on behalf of ticket buyers who purchased season tickets between July 2006, when the Oklahoma City-based Professional Basketball Club purchased the Sonics and Storm, and Sept. 21, when chairman Clay Bennett filed a demand for arbitration to escape the final two years of the team's KeyArena lease.

Dan Mahoney, a spokesman for the Sonics ownership group, declined to comment.

The law firms representing each group of plaintiffs are working together, said Tom Baisch, an associate attorney with Myers & Company, which represents plaintiffs Patrick Sheehy and Carolyn Bechtel.

"People like to simplify situations and when they simplify this, they say fan lawsuits have a very low record of success," said Brian Robinson, president of Save Our Sonics and Storm, the fan group trying to prevent the teams from relocating. "But this is not a traditional fan lawsuit because we're not talking about emotional damages, we're not talking about people being invested in the team. What we're talking about is specific acts of fraud by the team."

Robinson estimates financial damages to the Sonics could exceed $15 million.

"We believe it's a very valid case," he said. "In my perfect world, we would see financial penalties and we might see a court order that would force the team to honor their promises."

Jackson waived

The Sonics released point guard Jermaine Jackson, who was the only player on the team without a guaranteed contract. In four games, the sixth-year journeyman averaged 1.3 points and 1.5 assists.

The roster now stands at 14 players.

West bruises thigh

Guard Delonte West has teased the Sonics coaching staff with a couple of standout performances in exhibitions, but he has also attributed to their frustrations because of his inability to stay healthy.

Just when it appeared as if West was gaining momentum and making a push for a starting job at point guard or shooting guard, he suffered another setback and is questionable for tonight's game against Golden State at KeyArena because of a right thigh bruise.

"Delonte's biggest problem has been being able to practice right now," coach P.J. Carlesimo said. "We need to get him healthy and get him on the floor before we can even evaluate. He's had a couple of games where individually he did some really good things, but until we see him playing with the team it's just really hard."

West was arguably the Sonics' best player during Saturday's 117-94 defeat against Houston when he finished with 22 points and seven assists during 30 minutes. He also played well (14 points, 6 assists, 4 rebounds) against Sacramento in the exhibition opener.

Notes

• Because 7-footers (Robert Swift, Johan Petro and Mouhamed Sene) have yet to lock up the starting center job, Nick Collison could win the job when the season begins Oct. 31 at Denver. Collison started 56 games at the position last season. However, Carlesimo had hoped to return the 6-foot-10 player to power forward.

• Rookie Jeff Green is expected to receive a lot of minutes this week at power forward against Golden State today and Phoenix on Friday.

Percy Allen: 206-464-2278 or pallen@seattletimes.com

Copyright © 2007 The Seattle Times Company

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