Detroit-Windsor 2024 LEGAL ASPECTS of the BID
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Detroit-Windsor 2024 Legal Aspects of the Bid By, Josh Posner, Adam Robinson, and Gil Martinez Detroit-Windsor 2024 Detroit-Windsor 2024 LEGAL ASPECTS OF THE BID Contents SHARING THE OLYMPICS ACROSS THE BORDER............................................... 2 Transportation and Customs..............................................................................................2 Responsibilities .....................................................................................................................4 Intellectual Property............................................................................................................5 General Guidelines.............................................................................................................5 International Legal Coordination......................................................................................7 Ambush Marketing and Sponsorship ...............................................................................7 BORDER PATROL AND IMMIGRATION LOGISTICS ............................................ 8 Firearms/Weapons.............................................................................................................8 Borders ..................................................................................................................................9 CITY INFRASTRUCTURE AND COOPERATION ................................................. 12 Facility Guarantees.......................................................................................................... 12 Purchase of Land .............................................................................................................. 13 VISION AND CONCLUSION.............................................................................. 14 Page 1 Detroit-Windsor 2024 Sharing the Olympics Across the Border One of the more interesting aspects about the Detroit proposal to host the Olympic games in 2024 is that it will share the responsibilities with Windsor, Canada. With about five miles of separation between the cities, this cross-border sharing will provide for a special, unique, and original experience for everyone involved in the Olympic movement. Although co-hosting the games is a new, innovative way to display the Olympic games, there will inevitably be legal challenges that must be accounted for. Using the UEFA European Football Championships, EURO 2012, which was organized by a joint task of Poland and Ukraine, and the 2002 World Cup that was co-hosted by Japan and South Korea as a guide, Detroit and Windsor were able to identify issues that may arise and potential solutions to those issues. Although an event this large with this much prestige has never been hosted between two separate countries, our legal council has every corner covered and every question answered. The relationship the U.S. has with Canada, especially in terms of legal cooperation, will prove to be vital to the success of this bid. We believe that our council will ensure that the legal aspects of putting on such an event are complementary to the rest of the arrangements being made. The legal proceedings presented will allow the Detroit-Windsor bid to be highlighted as one of the most elegant and unique ways of displaying the Olympic Movement. Transportation and Customs The plans for international transportation between the U.S. and Canada consist of utilizing existing infrastructures like the Detroit-Windsor Tunnel and Ambassador Bridge. Along with these, there are plans to implement a ferry system between Detroit and Windsor. Having to travel across the border introduces some areas for concern that will be addressed through legal legislation. The U.S. and Canada have several successful joint law enforcement programs such as Page 2 Detroit-Windsor 2024 the Integrated Border Enforcement Teams (IBET), Border Enforcement Security Taskforce (BEST), and the Cross Border Crime Forum (CBCF) (“Border Issues”). These border patrol teams will continue to communicate and ensure that the process of entering or leaving either country will be a safe, efficient process for all parties involved. Because the Olympics are a high profile, worldwide event, the task forces will be heightened at the tunnel and bridge to improve traffic flow and ensure safety. In regards to water transport, the U.S. and Canada will need to establish customs and border control posts where Olympic boats arrive and depart for both countries. Legislation will be passed that allows official Olympic carriers to undergo a less rigorous customs/border patrol process. With venues and events being scheduled to take place in Toronto, air travel will be necessary to transport athletes to the sites. That being said, to ensure that athletes, staff, and observers are not restricted in their ability to participate, facilitate, and observe the displaying of the games, the U.S. and Canadian customs and immigration services will collaborate to authorize an Olympic Visa. This official Olympic Visa will be stamped and authenticated to allow for free movement and access to entry points between the Ontario and Michigan for the duration of the event, which is scheduled to take place from August 12th-August 28th to allow for favorable conditions for athletic competition and observance. Discussed later in this report, this Visa will provide an easier, faster way for individuals involved with the games to travel to both host countries, as there will be a number of entry points used exclusively for Olympic purposes. Also along these same guidelines, dual-citizens of the U.S. and Canada who are typically charged for brining items across the border both ways, along with all other observers who travel from all over the world, will be exempt from any fees for carrying items meant for the enjoyment and betterment of the overall Olympic experience. Page 3 Detroit-Windsor 2024 Responsibilities The U.S. and Canada, or more specifically, Detroit and Windsor will be contractually obligated to abide by certain pre-determined responsibilities in accordance with running the Olympic games. Similar to the Polish-Ukrainian Road Map that was signed between Poland and Ukraine that clearly defined areas that both countries needed to cooperate with in terms of preparing for EURO 2012, Detroit and Windsor will produce agreements that will require them to cooperate in preparing for the Olympics. This formal agreement has been signed between the two host countries, and is titled the U.S.-Canadian Task Track. The track will plot out bilateral cooperative ventures leading up to and following through with the Olympic games. This will provide a basis of duties, regulations, and responsibilities that each country must perform and abide by, and will comprise a scheduled outline with tentative deadlines. Included in these guidelines will be specific details that require strong communication between the U.S. and Canada to ensure that the planning, scheduling, and overall logistics of the events will be congruent and complementary with each other. Also included will be contractual agreements to ensure cooperation in terms of social responsibility, coordinating medical support, sharing information, cooperation in terms of image, advertising, tourism, recreation, safety, and economic investment (Liedel & Piasecka, 2012). Each city/country will have legal responsibilities in terms of protecting and representing the Olympic movement and cross-promoting each host city. The U.S.-Canadian Task Track will be vital to the success of planning the Olympics in both cities and countries. It will also be a point of emphasis that ensures both parties are dedicated and committed to work, collaborate, and strengthen the proposal to host such powerful event. Page 4 Detroit-Windsor 2024 Intellectual Property In the run-up to the 2024 Olympic games, it is extremely important to address the protection of the visual symbols and identifiers of the Olympics. The word “Olympic”, “Olympics”, “Olympiad”, and the Olympic rings are trademarks that belong to the IOC (“Legal Information”). Olympic properties also include the Olympic Flag, motto, anthem, designations, emblems, and the Olympic Flame and torches (Chappuis, 2012). Understanding the importance of the games, the U.S. and Canada will pass joint-legislation that protects any and all of the Olympic properties. Also included in this legislation will be protection to fight against ambush marketing tactics, and advertisement policies will be regulated as well. Both Detroit and Windsor will be legally constrained to only using the aforementioned properties and trademarks for official Olympic events and the purchase and sales of Olympic merchandise. Also, because the Olympics will be held in two different cities, each city must be represented fairly and equally on all merchandise as required by law. Any attempt to discredit one city or another will be punishable under the law. Along these same guidelines, a website has been created that contains information on the Detroit- Windsor bid. The website contains information about locations and venues being utilized, customs and immigration regulations, and all other information necessary for fans, media members, athletes, staff members, and all other interested parties to know. Any attempt to copy, download, or re-transmit any or all of the site without a copyright license or agreement from both cities will be considered a legal violation and is punishable under the law. General Guidelines First, we must use the 2002 World Cup