$5bn MLB team scores win in fight to prevent fans exploiting ticket loophole at 112-year home

The Chicago Cubs’ legal battle with Wrigley View Rooftop has taken a major step forward.

Fans can watch games from a nearby rooftop with a clear line of sight to Wrigley Field and have been paying for the privilege.

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MLB‘s Cubs sued the venue and owner Aidan Dunican for misappropriating the team’s property rights and unjust enrichment in 2024.

U.S. District Judge Sharon Johnson Coleman denied a motion from Wrigley View Rooftop and Dunican and decided that the claims are plausible.

That takes the case a step closer to trial, although Wrigley View Rooftop is still able to sell tickets.

After spending billions on players and facilities, the franchise’s argument is that selling rooftop seats profits off the work that goes into putting on games.

Cubs aim to protect Wrigley Field cash cow

Wrigley Field opened in 1914 and is the second-oldest MLB ballpark behind Fenway Park.

As well as playing players, coaches and support staff, each home game involves costs including electricity, technology, utilities, sanitation, marketing and equipment.

Ticket sales combine with merchandise, memorabilia and concessions to earn the money back, along with lucrative TV deals.

Wrigley View Rooftop is located across the street and can provide 200 guests access to a Skydeck with a “bird’s-eye view of the ballpark” and “breathtaking views of historic Wrigley Field and the iconic scoreboard.”

The owners also make money from food and drink sales.

Before 2024, the Cubs had an agreement with Wrigley View Rooftop and other venues that saw around 17 percent of revenue from rooftop seats shared with the team.

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When the contract ended, the franchise told Wrigley View Rooftop to stop selling tickets during games, concerts and other live events.

Its owners claim that it has a right to conduct business on its own rooftop.

Judge Coleman referenced a ruling from 1938 in Pittsburgh Athletic Co. v. KQV Broadcasting Co which saw a radio station paying “observers” to watch Pirates games from a rooftop to provide play-by-play coverage.

A court ruled that MLB teams possess the “right, title and interest in and to the baseball games played within the parks”.

That ruling has been upheld in successive decades.

Judge Coleman explained “It is reasonable to infer from these facts that much of Defendants’ profit comes from the ‘experience’ of watching live games from their rooftop.”

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The issue of whether the Cubs miss out on revenue from fans who would otherwise have spent money at the ballpark will be central to proceedings.

A settlement is possible but a trial could be on the horizon.

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