Ozzie Smith was a famous St. Louis Cardinal’s baseball player during the 1980s and 1990s. He capitalized on his fame by opening Ozzie’s at Westport, a popular sports bar. Ozzie’s lease with Westport Plaza prohibited Westport from leasing to any other sports bar. Albert Pujols was an incredibly popular baseball player with the St. Louis Cardinals from 2001-2011. While Ozzie’s was still operating at Westport Plaza, Westport opened a new sports themed restaurant named “Pujols 5”. The new restaurant was extremely popular while Albert Pujols remained a St. Louis Cardinal until 2011. Ozzie’s claimed that Westport breached its lease agreement with Ozzie’s by opening up another sports bar in Westport Plaza. Westport Plaza argued that Pujols 5 was not a sports bar, and therefore it did not breach its lease with Ozzie’s.

You are the judge. Did Westport breach the lease? How will you decide? What facts are important to your decision?

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