Mac Engel: Donald Trump's 'ticket' executive order could clash with Cowboys owner Jerry Jones

FORT WORTH, Texas — Although a shot glass of Common Sense will tell you which direction he leans, Dallas Cowboys owner Jerry Jones does his best to duck any talk of political preferences, but he may soon have to stand up to object to an executive order.

The president of the United States recently issued an executive order that targets, albeit unintentionally, the side hustle of the general manager of our local football team.

On March 31, the White House issued the following statement: “SUPPORTING AMERICA’S LIVE ENTERTAINMENT INDUSTRY: Today, President Donald J. Trump signed an Executive Order to protect fans from exploitative ticket scalping and bring commonsense reforms to America’s live entertainment ticketing industry.”

This aim at the state of pricing in the ticket industry is awash in good intentions, even if it includes the type of potential regulation that a Republican campaigns against and raises millions in order to “fight.”

Both parties can reach across the aisle and agree that the bill on our tickets is no longer capitalism, or even gouging. This looks much closer to extortion.

Trump’s executive order to “protect fans” is a headline and a photo op. In its current form, this won’t go anywhere. But there is a way for this administration to do this.

The crushing costs to attend a concert or sporting event

Buying tickets to attend a Cowboys game is not that much different than purchasing an airline ticket or booking a hotel room that’s priced at $150 a night but the final bill is $212.

The deal that was an Airbnb or a Vrbo has become a vacation-ruining experience. On the popular site Vrbo, A “cute quiet studio — near downtown (Houston) — pool & spa” for one night in downtown Houston is priced at $98. The final bill is $178.

One night in Aspen on “Main Street room — pool, hot tub, walk to lifts, dog-friendly, 3rd floor” reads an affordable $195. The total is $328.

On April 19, the Texas Rangers host the defending World Series champion L.A. Dodgers; a pair of decent tickets on TicketMaster are listed at $85 each “plus fees.”

There is a service fee of $32.30, plus an order processing fee of $3.95, and taxes at $17.51. Those tickets priced at $170 are now $223.76.

Two prime tickets for the AC/DC concert scheduled for Monday at AT&T Stadium on SeatGeek are listed at $220 each. The fees for the two tickets are $131.94, bringing the cost up to $571.94.

Why the Cowboys care about Trump’s executive order

Per the White House’s press release, “President Trump believes that Americans shouldn’t be subjected to exploitative pricing and unfair fees.

“This Executive Order tackles an issue President Trump highlighted on the campaign trail, where he vowed to work on combating high ticket prices and described the current climate, where fans are priced out, as ‘very unfortunate.’

This is where Jerry may take exception with the musings of his good friend.

In the spring of 2018, the Cowboys bought a 15% stake in SeatGeek. One month later, SeatGeek announced it was the primary ticketing platform for the Cowboys, AT&T Stadium and the Ford Center in Frisco.

Jerry has made sure that even when his team loses on the field, he wins everywhere else.

The trouble for fans and consumers are the companies that use technology to buy large numbers of tickets at face value immediately after they are listed, only to triple them on the secondary market. And then add any number of “fees” to increase the price.

The solution for Trump’s executive order may be in Europe

Trump’s executive order is more of an empty plea to the Federal Trade Commission to actually enforce its “ Better Online Ticket Sales Act,” a law passed under the Obama administration in 2016.

According to a former White House staffer who worked under a previous Republican administration, do not get your hopes up based on this executive order.

Speaking on background, the person said Trump’s efforts to close USAID can be done because that office reports to the president. USAID was created by an executive order under President Kennedy in 1961.

The price of a ticket to a Cowboys game resides nowhere near the White House. It’s a reflection of the market doing what the market does.

The only real way to prevent this is for the administration and multiple members of the Senate and the House to embrace the practices of the European model. Ticket resellers in countries like France, Germany and the Netherlands are restricted to what they can charge above face value. Normally it’s in the area of 20%.

Italy, Portugal and Ireland have laws preventing concert tickets sold above face value. In the United Kingdom, event promoters and the artists themselves have the right to remove resale listings.

It’s why so many Americans elected to fly to Europe to catch Taylor Swift on her “Eras Tour.” Tickets in the U.S. for her shows were hundreds, to thousands, of dollars above face value.

To put these types of restrictions in place in America would require elected officials to actually “reach across the aisle” to draft legislation that is counter to a free market. When that’s done, then it would face a fight in court.

Trump’s intentions to “protect fans” from the unscrupulous types who hide behind America’s bullet proof shield of “entrepreneurialism” reads well to 99% of Americans, but don’t expect this headline or photo op to go anywhere.