Fight over planned redevelopment of White Stadium by Boston NWSL continues with trial
On Tuesday, the team and the city of Boston, as well as the trust that oversees the area where the stadium is located, will head to trial and defend the renovation of White Stadium and the team’s partnership with the city for its use.
A group of local citizens and the Emerald Neck Conservancy (a private, non-profit organization) filed a lawsuit last year alleging the development of White Stadium violates an article of the Massachusetts Constitution, as they view it as an existing public facility and thus the privatization of public land. The plaintiffs failed to convince a Suffolk Superior Court judge to provide an injunction last March — and to slow down the trial after a request for a delay was also turned down.
Boston Unity Soccer Partners issued a statement ahead of the trial, refuting the claims of the local detractors.
“As Boston Unity Soccer Partners continues our long-overdue revitalization of White Stadium, we look forward to the resolution of alleged claims, as the plaintiffs’ allegations are not supported legally or factually, nor are their claims supported by legal precedent,” the team said in their statement.
“The plaintiffs’ media campaign has misrepresented the facts, leading to public misconception about what, exactly, this project entails,” it continues. “Ownership of White Stadium remains with the city and Boston Public Schools, while BUSP is a lessee. This project does not privatize White Stadium. BUSP is covering over 50 percent of the costs associated with construction for less than five percent use of the stadium, calculated hourly.”
The legal challenge presented by the residents and conservancy group is based on Article 97 of the Massachusetts Constitution. While the city owns White Stadium, it was built using funds from the George Robert White Fund (and named for the same man). The fund is a dedicated public charitable trust and the stadium is built in a public park. Article 97 requires a vote of the state legislature to change the use of the land to allow for an NWSL team to play. The lawsuit also alleges the stadium lease and agreement between the city and the Boston ownership group violates the terms of the George Robert White Fund.
While the plaintiffs believe White Stadium and the immediate land around it is “protected” based on the city’s open space plan, the team says the stadium is property of Boston Public Schools, based on the historical record and two legislative votes in 1947 and 1950. The team also says that several independent legal experts confirmed to the city that the renovations do not fall under Article 97.
The club also says that nothing in the George Robert White Fund prohibits private investment in White Stadium, nor does it have any restrictions on who can lease the property.
The White Stadium renovation plan has become a talking point in the Boston mayoral race, too, considering current mayor Michelle Wu’s backing of the project and the NWSL club itself. Josh Kraft, son of New England Patriots and New England Revolution owner Robert Kraft, announced his intent to challenge Wu in the race and has called for her to cancel the lease of White Stadium to the Boston NWSL team via The Boston Herald. The Kraft family is also working to build its own soccer-specific stadium for the Revolution in Everett, which requires a mitigation agreement with the city of Boston.
Kraft also told The Boston Globe that if he were to win the mayoral race, he would also consider finding private investment to match some of the public funding already set aside for the renovation of White Stadium.
Public costs for the stadium have risen beyond initial figures, with city spending upped to $91 million in December.
Polling conducted in February indicates early support for both Wu in her re-election, the White Stadium renovations and the incoming NWSL team. In a poll conducted by Emerson College, 43% of respondents indicated they would vote for Wu, 29% for Kraft, with 24% still undecided.
Over half of all respondents to the Emerson College poll indicated they supported the stadium redevelopment (52.8%), 21.5% opposed it, and 25.7% were unsure. Still, local coverage from the Globe has reflected the split in opinion, calling the pushback from the local group known as the Franklin Park Defenders and the Emerald Necklace Conservancy an “extensive controversy.”
The Franklin Park Defenders sent an open letter to NWSL commissioner Jessica Berman on March 6 which began, “We are writing to make you aware of a looming crisis for the National Women’s Soccer League. Over the objections of thousands of Bostonians, the BOS Nation FC franchise is charging forward with ill-conceived plans to build a professional soccer stadium on public parkland in Boston’s historic Franklin Park.” The letter called for the team to share the long-awaited soccer-specific stadium being built by the Revolution (the stadium would not be ready until the 2027 season at the earliest).
The NWSL did not respond to a request for comment on whether Berman responded to the open letter.
Berman did not address specifics of the challenges to the White Stadium plans during her media availability ahead of the Challenge Cup earlier this month, but said the league is on weekly calls with the Boston club.
“We’ve been up to Boston several times in the last six to nine months to understand the landscape, to meet with stakeholders, to make sure that we’re close to the progress and supporting the club in addressing any challenges,” Berman said.
There are local supporters of the White Stadium plans, however, who have also organized themselves into a grassroots support network. Students who would potentially use the stadium as part of the Boston Public Schools expanded access following the renovations have also released a statement.
“For as long as we can remember, White Stadium has been in terrible shape,” it reads. “BPS students deserve a beautiful facility that will be used by more students and more teams than ever before. We ask the adults trying to stop the project to spend a day in our shoes and reconsider what you’re fighting against — better opportunities for Boston students.”
It is unclear what would happen for the Boston NWSL team if the plaintiffs are successful at trial.
The team has made clear in its legal documents that the NWSL has the right to terminate its expansion’s right to play if the venue is not ready for next spring — though with Denver now in as the league’s 16th team and also set to start play in 2026, revoking Boston’s right to play feels extremely unlikely.
This article originally appeared in The Athletic.
Soccer, NWSL
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