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 that was hosted by Japan and Korea’s general guidelines for legal issues that must be accounted for when planning an event of this stature.

Adding to the complications of planning and logistics for a worldwide event, two separate

Page 5 Detroit-Windsor 2024

countries must coordinate together making this already challenging event-planning process become even more complex. Many responsibilities must be divided between the nations and necessary arrangements have to be made in both host cities to ensure easy access to all venues.

Systems and processes need to be coordinated so that operations are not contradicted across the different host cities (“World Cup 2002”). The local committees in each community will be responsible for the logistics and setting up the events on the ground, but the Detroit and Windsor

Organizing Committees will work together to market and make the necessary arrangements to ensure that the Detroit-Windsor Olympics in 2024 will be an incredible, unique experience for all parties involved. Legally bound by legislation, both committees will work together so that their different roles can complement each other and contribute to the overall success of the 2024

Olympic games.

With venues being used for Olympic events throughout certain regions of Michigan and

Ontario for the 2024 games, legal presence will be required in the three defined zones. The

Olympic Zone in Detroit, Academic Zone in Ann Arbor, and the Global Zone in Windsor will be protected by and adhere to the legislation provided. These general zones are the basic areas where Olympic events will take place and structures will be utilized, but other locations with involvement in the games will need Olympic legal presence. As mentioned, the five cities used for

Olympic purposes through venues usage, accommodations, transportation sites, security presence, and other Olympic events include Detroit, Windsor, Toronto, Ann Arbor, and East Lansing. The legislation used and passed for the 2024 games will cover these cities as well as the floating accommodation sites, with one being on the Detroit side of the riverfront and the other being located on the Windsor side.

Page 6 Detroit-Windsor 2024

International Legal Coordination

In order for this bid to be a success, it is understood that there must be an extremely high level of coordination for the planning, preparation, and performing of the Olympic games. It will take trust and cooperation on all ends of the spectrum from finance and marketing to security and transportation. With our legal policies and commitment to each other, Detroit and Windsor, along with the entire United States and Canada, will provide a well-balanced, efficient legal process to complement and enhance the work of many others who are determined to host the Olympics as a partnership between Detroit and Windsor. The legal council in charge of covering all aspects of the event is prepared to be a part of the first ever internationally co-hosted Olympics. We are aware of and appreciate the issues and questions that surround the legality aspect of putting on such an event, but we also carry great confidence that we will execute a safe, exciting, unique, and truly special event, setting the table for future Olympic events to be shared across borders.

Ambush Marketing and Sponsorship

Windsor and Detroit, and in turn, the United States and Canada will need to work together to attempt to protect sponsors from ambush marketing. For the Olympic Games in 2000 in Sydney, Australia, the Olympic Committee was able to lobby for legislation called The Sydney

2000 Games (Indicia and Images) Protection Act 1996 which allowed them to protect Olympic sponsors from ambush marketing. This set the stage for other countries to use a similar approach.

The United States and Canada would need to work together to form similar legislation, protecting

Olympic sponsors in both Canada and the United States. In addition, the IOC report on the 2002

Salt Lake City Olympic Games outline some useful strategies for protecting from ambush marketing such as: full registration of copyright material at the local and national level, close monitoring on the part of the host country as well as the IOC on improper conduct, and lawsuits

Page 7 Detroit-Windsor 2024

against companies seen to be in violation (Crow). In order to fulfill these things outlined by the

IOC, a joint USA and Canada legal team should be created in order to ensure that the countries work together to form laws, pass legislation, and enforce those laws in a way that doesn’t vary between the USA and Canada.

Border Patrol and Immigration Logistics

Firearms/Weapons

One important issue that needs to be addressed is the transportation of firearms across country borders. Windsor, Quebec, Canada and Michigan have very different gun control laws.

Most notably are the restrictions on age, concealed weapons, types of guns, and registration.

Canada for example, has several forms of documentation that need to be filled out and signed upon entry into their country with a firearm. Furthermore this documentation must be signed at the

Canadian border so that a customs official may bear witness to the validity. The U.S. is also dealing with their own issues on gun-control laws that have escalated to a national scale especially considering the recent violent gun attacks. These specific characteristics may insight doubt about the possibility to agree on some type of legislation when one country can’t even agree on a national scale. However, we feel that this type of event is the perfect opportunity to show how despite differences, agreement can be made through certain legislation that appeals to both sides of the governments.

Page 8 Detroit-Windsor 2024

In order to provide legislation that would be mutually accepted to both countries, compromises must be made strictly for the duration of the Olympics that apply to Detroit and

Windsor, Quebec but only for select individuals such as law enforcement. Although this will prove to be difficult, this also provides an opportunity for both countries to display their commitment to the IOC about the preparation and readiness to host the Games in two separate countries. For example, since there will be 5 cities involved (Detroit, Windsor, Toronto, Ann Arbor, and East

Lansing) we will be dealing with 5 separate departments in terms of law enforcement. We would need the support and cooperation of not only the two countries but also the city and provinces within each country.

We feel that we are justified in being selective and relegating the access to transport firearms due to the nature of the event. The law would only apply to authorized personnel crossing for the Olympics. All other transportations must adhere to each country’s own standards and policies. This law limits certain types of coordination problems for the two host countries. A coordination problem is a situation in which two or more parties would be better off if they coordinated on a specific approach, but there is more than one possible course of action thus leading to conflict on which approach to use. By enacting a law such as the authorization of transportation of firearms for law enforcement would set the standard and eliminate this coordination problem.

Borders

The continued transportation of crossing the borders regularly for events presents another daunting task. Each respective country maintains individual policies and rights to search and seizures. In order to ensure that participants, staff, and observers of the Games are not detained from events, the countries must draft legislation that temporarily permits a “fast track” for these

Page 9 Detroit-Windsor 2024

individuals. For example, one idea discussed was flight transportation exclusively for athletes, staff, and event members. Legislation in this area would aim to reduce the hectic border entry points and also ensure safety of these primary contributors to the Games. The borders are consistently crossed on a daily basis and obviously would only increase with the host of the

Games. Thus, enacting a law or reserving certain means of transportation will provide added benefit across all fronts for the Games. We understand that regular commute across the countries would be largely affected, however, it is a cost we are willing to inherit considering the prestige and nature that comes with hosting the Olympics.

Some aspects of our proposed legislation would address reserving several of the entry points between Ontario-Michigan exclusively for the Olympics. Although this will slow down regular crossing between the two countries, it will enhance the flow of frequent crossing for the

Olympic participants. Our proposition would include the Olympic identity and accreditation card would serve as official access to both countries, in accordance with IOC requirements as well as maintain that all members (athletes, staff, personnel, spectators) or affiliates with the Olympic

Games have permission to use the designated Olympic border crossings.

Work Permits and Goods Imports

We would ensure that work permits are provided free of any duties or taxes by introducing legislation in the U.S. similar to what was passed for the Atlanta and Salt Lake

Olympic Games. Moreover, we would seek to provide the same benefits for Windsor, Ontario in

Canada. Through NAFTA (North American Free Trade Agreement) both the U.S. and Canada maintain reduced trade barriers. We would propose under this act to seek an amendment that would allow goods or equipment used during the Olympics to be transported for the duration of the event.

Page 10 Detroit-Windsor 2024

Individuals applying for work visas will need to accommodate both the requirements from the U.S. and Canada but through only one application process. We would then issue one visa that is permitted for use in both countries regardless of national origin. This would eliminate the issue of athletes concerning themselves with two separate documents for two separate countries.

Moreover, they will be allowed to travel back and forth to and from events with relative ease.

This would allow for the countries to create an Olympic type visa only to be used for the Games.

This documentation would be exclusive only to the applicants needing visas for the purpose of the

Olympics.

The purpose of our ideas to create laws that exclusively cater to the Olympic member and affiliates is to show the IOC that we are not only committed but also are doing everything in our power to limit the potential problems. Although this would be the first cross country Games, we are anticipating any and all possible situations to ensure the success of the Olympics and decrease the reluctance to bring the Games to Detroit-Windsor. Furthermore we want to set the standard as the region of the world that could make a cross-country Olympics possible. The similarity between Canada and the U.S. in terms of well-developed countries and increased good standing amongst each other allows legislation to be more easily passed that will be permissible and satisfactory to work for the duration of the Olympics. It is important to understand that these characteristics are not only favorable but also necessary before even considering a joint country event. Finally, the relative location between the countries and constant legal transportation displayed on a daily basis displays that this is a real possibility and should be taken seriously.

Page 11 Detroit-Windsor 2024

City Infrastructure and Cooperation

Facility Guarantees

In order for a Detroit-Windsor Olympic Bid to be successful, there must be legal guarantees and agreements on behalf of the potential facilities and the cities of Detroit and

Windsor. Additionally, the committee will need to work with surrounding suburbs and even cities in other states to acquire guarantees for the use of their facilities and stadiums. Available facilities for use in the Detroit-Windsor area include: Olympic Stadium (to be constructed), Aquatics Center

(to be constructed), Ford Field, Comerica Park, The Silverdome, Joe Louis Arena, Adams Field,

Calihan Hall, The Palace of Auburn Hills, Detroit Marina District, Detroit Marathon Route, Tiger

Stadium Land (to be constructed), Tigers Stadium (to be constructed), Lake St. Clair, Michigan

Stadium, Crisler Center, Cliff Keen Arena, UM Varsity Tennis Center, Donald B. Canham

Natatorium, Windsor Stadium, Windsor Arena, Broadway Park (to be constructed), Devonshire

Heights Park (to be constructed), Sprucewood Ave (to be constructed), Detroit River, Glass Bowl

(Toledo, Ohio) Notre Dame Stadium (South Bend, Indiana), and BMO Field (Toronto, Ontario). In accordance with the IOC guidelines, these facilities must give guarantees for use during the

Olympic games which the bid committee will need to obtain. These guarantees from facilities will need to include the rights to commercial use by the Olympic Games during the time of the events and maintain that their will be no other events hosted during the time of the games (Report of the

IOC Commission Evaluation).

Additionally, the Olympic Committee will need to not only comprise of representatives of

Detroit and Windosr, but the surrounding suburbs and outside cities that are going to host various events as well. These cities include: Auburn Hills, Pontiac, St. Clair Shores, Ann Arbor, Toledo, South

Page 12 Detroit-Windsor 2024

Bend, and Toronto. The committee will need these representatives in order to ensure facility guarantees for the use of the venues outside of Detroit and Winsor specifically.

Purchase of Land

In addition, the City of Detroit and the City of Windsor may need to purchase land from private owners in order to accommodate various Olympic facilities and the Olympic Village. An agreement would need to be reached by the City of Detroit with the state of Michigan and the city of Windsor with the state of Ontario in order to fund the purchase of land for use in the

Olympics. Similar agreements were reached between the City of New York, the State of New

York, the State of New Jersey, and the USOC in the Olympic Multiparty Agreement during New

York’s attempted bid for the 2012 Olympic games (Report of the IOC Commission Evaluation).

The City of Detroit would use their purchasing division to map out what land needs to be purchased and would handle the process of doing so for Detroit (Purchasing). The Property and planning department for the City of Windsor would be in charge of this process for any property needed in Windsor (Property). In addition, the Olympic City Services Agreement was reached for the New York bid between the city/cities and the bid committee, outlining the provision of city services needed for the games (Report of the IOC Commission Evaluation). Windsor and Detroit would need to work together to sign a similar agreement for the 2024 bid.

The Olympic Village will be located primarily at the Detroit West Riverfront District.

Because our plan includes the construction of eight high-end apartment complexes to house the athletes, public or vacant land in this area will need to be purchased by the city and the Olympic

Committee. Additionally, we plan to build extended villages on Belle Isle and lots near Comerica

Park and Ford Field. Both of these locations have vacant land that could be easily purchased by the city. In regards to the lots near Comerica Park and Ford Field, negotiations would need to

Page 13 Detroit-Windsor 2024

occur between the owner of those lots and the City of Detroit and the Olympic planning committee in order to ensure purchase of that land to build facilities for the Olympic Village.

Lastly, another Olympic Village Activities Area will need to be constructed on Windsor East

Riverfront, requiring the City of Windsor to purchase land to ensure the construction of necessary facilities for that area.

In addition to the Olympic Village, the cities of Windosr and Detroit will need to ensure the purchase of land necessary to accommodate new venues for Olympic Events. These facilties, such as the Olympic Stadium and Aquatic Center require large quantities of land. Due to the fact that Detroit currently has a 30% vacancy rate on its land, we do not foresee too much difficulty for the cities to negotiate the purchase of land in the necessary areas to hold the Olympics.

Vision and Conclusion

The legal aspects of the Detroit-Windsor bid will contribute to the vision of rebuilding one of America’s greatest cities in many ways. First, it will put the Detroit government on an international stage, showing that the corruption and governmental issues that have plagued the city are gone and they are able to execute the legal procedures necessary to ensure the

Olympics run smoothly. Moreover, the government will be a large part of an international negotiation process between the US and Canada in regards to the logistics of the joint Olympic

Bid. Because this is something that has never been done before, the legal proceedings that Detroit will contribute to in a large way, will showcase Detroit once again as a leader of America in paving the way for joint bids for many Olympics to come. Additionally, the legal proceedings necessary to purchase land for use in the Olympics will largely contribute to the rebuilding and revamping of the Detroit area. Because of these proceedings, Detroit will have new buildings, stadiums, museums, and apartments to showcase on a world stage. This will help change Detroit’s

Page 14 Detroit-Windsor 2024

vacant property issues and will be able to paint a picture of a more modern, better Detroit. The legal proceedings surrounding the Detroit-Windsor bid are complicated, but with Detroit’s ability to achieve this, the Olympics will contribute to the rebuilding of a great American city.

This revolutionary idea of a joint bid between two countries to host the Olympics is one aspect that sets apart the Detroit-Windsor bid from the competition. However, from a legal stand point, many issues will arise that past Olympic Committees have not had to deal with. The bid committee must be innovative and the two national governments (US and Canada) must be willing to cooperate with each other in order for this bid to become a winner.

References

2012 Candidature Procedure and Questionaire. (n.d.). 2012 Candidature Procedure and

Page 15 Detroit-Windsor 2024

Questionaire. Retrieved February 15, 2013, from

www.olympic.org/Documents/Reports/EN/en_report_810.pdf

Canadian Gun Laws. (n.d.). Canadian Law Information. Canadian Lawyers.. Retrieved February 28,

2013, from http://www.canadianlawsite.ca/gunlaws.htm

Crow, D., & Hoek, J. (n.d.). Ambush Marketing: A Critical Review and Some Practical Advice.

Marketing Bulletin.

IOC. (2003, February 20). Candidature Acceptance Procedure Games of the XXX Olympiad

2012. Candidature Acceptance Procedure. Retrieved February 20, 2013, from

www.olympic.org/Documents/Reports/EN/en_report_711.pdf

Lee, Y. World cup 2002: Korea and Japan partnering for the 21st Century. Harvard Asia Pacific

Review. Retrieved from

http://web.mit.edu/lipoff/www/hapr/spring02_wto/worldcup.pdf

Legal information. Retrieved from http://www.olympic.org/legal-information/documents-reports-

studies-publications

Liedel, K., & Piasecka, P. (2012). Euro 2012 security as a joint task of Poland and Ukraine-a

challenge for national and international security systems. Retrieved from

www.bbn.gov.pl/download/1/10500/Liedel__Piasecka.pdf

Property. (n.d.). Retrieved February 28, 2013, from City of Windsor website:

http://www.citywindsor.ca/residents/Property/Pages/Property.aspx

Page 16 Detroit-Windsor 2024

Purchasing Division. (n.d.). Retrieved February 28, 2013, from City of Detroit website:

http://www.detroitmi.gov/Departments/Finance/PurchasingDivision/tabid/96/Default.as

px

Report of the IOC Evaluation Commission for the Games of the XXX Olympiad in 2012 [Fact sheet].

(2005, March 22). Retrieved February 28, 2013, from Olympic.org website:

http://www.olympic.org/ Documents/Host_city_elections/2012_OG-

Report_of_the_Evaluation_Commission.pdf

U.S.-Canada relations: Border issues. Retrieved from

http://canada.usembassy.gov/canada-us-relations/border-issues.html

Page 17