ESPN Cleveland radio host Tony Rizzo now founds himself at the center of a lawsuit involving Bernie Kosar and a local media company.
According to Cleveland.com’s Sean McDonnell, BIGPLAY Media has subpoenaed Rizzo’s text messages as a part of its ongoing lawsuit with the former Cleveland Browns quarterback. The Ohio-based media company said in a court filing that Rizzo has thus far ignored the subpoena and has asked a judge to compel both the radio host and ESPN Cleveland to provide the requested electronic documents.
The ongoing legal battle dates back to June, when Kosar filed a lawsuit against BIGPLAY, where he previously hosted The Bernie Kosar Show. BIGPLAY operates a studio out of Cleveland and provides on-air content for FanDuel Sports Network Ohio and Great Lakes.
Kosar’s lawsuit stems from a $19,000 ceremonial bet that he placed on the Browns on Jan. 1, 2023, the first day that sports gambling was legal in Ohio. The bet resulted in the former Pro Bowl quarterback losing his job as a host on the Browns Radio Network, as it violated the NFL’s gambling policy.
In his lawsuit, the 60-year-old Kosar alleges that BIGPLAY co-manager David McAllester told him he would have to use his own money to place the advertised $19,000 bet on the Browns, which he agreed to do and was later reimbursed for. He also claims that BIGPLAY violated his contract by attempting to force him to make public appearances, which were required to be agreed on by both sides, and that BIGPLAY CEO Kendall Myles once threatened to hit him, telling him “I own you” while screaming in his face.
While Kosar is seeking $850,000 in damages, at least $25,000 in attorney’s fees and an unspecified amount of punitive damages, BIGPLAY has denied the claims, countersuing the former Miami (Fla.) star for breaching his contract with the company. Kosar has denied the claim.
As for where Rizzo comes in, BIGPLAY subpoenaed the longtime Cleveland radio host’s communications with Kosar after he discussed the case on the June 12 episode of The Really Big Show.
“Bernie is not going to comment on this publicly,” Rizzo said. “He’s commented on my phone, which is private.”
According to Cleveland.com, BIGPLAY has requested all communications between Kosar and Rizzo since the $19,000 bet, including the communications that were referenced during the June 12 episode of RBS. BIGPLAY is also requesting any communications between Rizzo and co-host Aaron Goldhammer regarding topics related to Kosar.
While ESPN Cleveland has denied having possession of any of the requested records, BIGPLAY claims that Rizzo has ignored the subpoena. In late-September, the media company filed a request asking a judge to compel both Rizzo and ESPN Cleveland to comply with the subpoena.
The judge has yet to rule on the motion and it’s unclear whether Rizzo has since complied with the subpoena. According to WKYC legal analyst Stephanie Haney, it’s unlikely Rizzo’s communications with Kosar would be protected under Ohio’s shield laws, which are aimed at preventing journalists from giving up anonymous sources.
About Ben Axelrod
Ben Axelrod is a veteran of the sports media landscape, having most recently worked for NBC's Cleveland affiliate, WKYC. Prior to his time in Cleveland, he covered Ohio State football and the Big Ten for outlets including Cox Media Group, Bleacher Report, Scout and Rivals.