BUFFALO, N.Y. -- As construction of a new stadium for the Buffalo Bills continues, New York state and Erie County are putting $850 million toward the job.
We The People founder Bob Schulz believes the commitment violates the state Constitution.
"We can't use public money in aid of a private undertaking by a private corporation," Schulz said.
Although the state will technically own the new stadium, Schulz said it's the Bills organization and its ownership that will benefit from the tens of thousands of fans at every home game over the course of a 30-year lease. He said it's an illegal and unconstitutional end around.
"They're doing indirectly what the Constitution prohibits them from doing directly," Schulz said.
However, Schulz has had difficulty making his argument in New York state courts. A lawsuit, for which he is one of four petitioners, has been rejected at every level of the court system.
He believes the judiciary branch is complicit in allowing the state to circumvent its own constitution.
"We're meant to be governed by our constitutions," Schulz said. "That's a blessing and more and more it's being shredded. It's being ignored."
So Schulz is taking the lawsuit to the U.S. Supreme Court. A week ago he submitted a petition for a Writ of Certiorari asking the country's highest court to consider it.
"The federal question is the Guarantee Clause of the U.S Constitution, which guarantees us a republican form of government which basically means our state government has to abide by our New York state Constitution," he said.
Schulz said if the Supreme Court takes up the lawsuit and decides in his favor, the Bills should be responsible for refunding any public dollars already spent.
"They're fully aware of this lawsuit. If they go ahead with this lawsuit without waiting then it's certainly their fault," Schulz said. "That money has to be paid back to the taxpayers."
He said if the court does not decide in his favor, it weakens the state Constitution and could allow for more public spending on private enterprises.