• Loading stock data...
Tuesday, November 12, 2024
DEADLINE EXTENDED: The Best Employers in Sports survey is now open through Nov. 13 Learn More

With New Lawsuit, Florida AG Backs FSU in Fight to Exit the ACC

  • The lawsuit alleged that the ACC was ‘wrongfully withholding’ media contracts from the public.
  • The content of these contracts, which are essentially kept under lock and key, could decide whether FSU is on the hook for $500 million in exit fees.
Melina Myers-USA TODAY Sports

Florida’s attorney general, Ashley Moody, has now officially entered the legal proceedings over the fate of the ACC.

On Thursday, Moody filed a lawsuit in Leon County, Fla., against the conference alleging that it has illegally kept contracts governing its media rights with ESPN secret from the AG’s office and the public. The lawsuit is a clear attempt to support FSU in its quest to depart the conference early.

Moody originally requested the contracts in January, shortly after FSU filed a December lawsuit with the intent of leaving the ACC without having to pay nine figures in exit fees. The FSU suit alleged the conference was negligent in leading schools through a period of change in college sports, and that the contracts that bound it together were unenforceable. At issue: the ACC’s bylaws, the media contract with ESPN, and the “grant of rights,” a document that allows the conference to sell schools’ media rights on their behalf. The conference has held that because of these contracts, FSU must pay more than $500 million in exit fees and other payments if it wants to leave the ACC before the media agreement expires in 2036. 

Clemson filed a lawsuit in March also arguing the ACC’s contracts are not legally enforceable. Both schools were hit with countersuits from the conference itself.

Moody’s complaint, reviewed by Front Office Sports, does not make a case that the ACC’s contracts are invalid, as FSU and Clemson’s lawsuits do. It simply argues that the contracts are subject to Florida public records laws. 

“The ACC is asking a state entity—Florida State University—to potentially pay and lose more than a half a billion dollars but is refusing to produce the documents related to that outrageous price tag,” Moody said in a statement. “We sent a public records request to the ACC in January, but they failed to fully comply. We are taking legal action against the ACC for wrongfully withholding these important public records.”

The complaint begins with a dramatic flourish: “Under secret media rights contracts located somewhere in the North Carolina headquarters of the Atlantic Coast Conference (ACC), the fate of hundreds of millions of dollars of a Florida public university is written.” It says the ACC does not allow any personnel, including from member schools, to retain copies of the agreement. Any university personnel must travel to the ACC’s headquarters in Charlotte to read the agreement in person. (It even sneaks in a reference to FSU’s perceived snub from the 2023–24 College Football Playoff—a moment that FSU itself considered the last straw in whether to challenge the ACC in court.)

While ESPN is not a party to this particular lawsuit, it will likely have something to say. The network had previously filed a brief in the ACC’s countersuit against FSU arguing that the media-rights agreement should be filed under seal—and therefore kept from the public—because the contents of the contract amounted to trade secrets. The brief also suggested that FSU may have committed a felony by revealing certain details of the contract previously.

The lawsuit is the latest in a larger trend of state attorneys general involving themselves in college sports business through litigation. State AGs have led the charge in lawsuits against the NCAA’s transfer restrictions and its rules governing name, image, and likeness deals.

The ACC did not immediately respond to a request for comment.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Nov 5, 2023; New York, NY, USA; Hellen Obiri of Kenya celebrates after finishing first place in the NYC Marathon.

On Brand Posts Record Sales, Says It’s No Longer ‘Just a Running..

The Swiss company credited its full-price strategy for its stellar quarter.
Despondent Giants quarterback Daniel Jones.

The $23 Million Reason a Daniel Jones Benching Is Looming

Injury guarantees have come into play for several quarterbacks in recent years.
Nov 10, 2024; Landover, Maryland, USA; Washington Commanders kicker Zane Gonzales (47) kicks a field goal against the Pittsburgh Steelers at Northwest Stadium.

RFK Stadium Bill Could Clear Congress in Lame-Duck Session

The legislation would grant D.C. a 99-year lease for the land.

Louisiana Gov. Calls Critics of Tiger Stunt ‘Woke’ After LSU Blowout Loss

He called the live cat the “only tiger who showed up Saturday.”
podcast thumbnail mobile
Front Office Sports Today

Can the NBA Cup Help Revive Lagging Viewership?

0:00

Featured Today

Former President Donald Trump waves to the crowd as he exits the putting green with his aide Walt Nauta, left, during the final round of the LIV Golf Bedminster golf tournament at Trump National Bedminster on Sunday, Aug. 13, 2023.
opinion

Trump Win Puts Sports Back in the White House

With Trump back in the White House, sports get more political again.
Members of the NY Giants run onto the field to start the game between the New York Giants and the Washington Commanders at MetLife Stadium in East Rutherford on Sunday, Nov. 3, 2024.
November 8, 2024

The NFL Is Becoming the League With No Borders

Where will the NFL go next? International expansion will only get bigger.
November 5, 2024

NFL Center Connor McGovern Is the Heir to a Potato Empire

The NFL vet’s family provides potatoes for McDonald’s, Wendy’s, and others.
Vanderbilt Commodores fans head to the south end zone as the goal post is taken down by exuberant fans after beating No. 1 Alabama 40-35 at Vanderbilt Stadium in Nashville, Tenn., Saturday, Oct. 5, 2024.
opinion
November 2, 2024

Something New in College Football This Year: Parity

Upsets, surprises. CFB is more fun on the field than the NFL.

How Schools Are Raising Money to Prep for House v. NCAA Settlement

Schools are hunting for money they may be sharing with athletes soon.
Vanderbilt Commodores quarterback Diego Pavia (2) throws the ball as Auburn Tigers take on Vanderbilt Commodores at Jordan-Hare Stadium in Auburn, Ala., on Saturday, Nov. 2, 2024. Vanderbilt Commodores defeated Auburn Tigers 17-7.
November 9, 2024

Vandy QB Pavia Sues NCAA for 2 More Years of Eligibility

Diego Pavia beat Alabama. Can he beat the NCAA’s eligibility rules?
November 11, 2024

SMU’s Nine-Figure ACC Move Is Paying Off in Year 1

SMU paid its way into the ACC and is seeing immediate benefits.
Sponsored

How UBS Crafts Impactful Partnerships Across Sports, Arts, and Culture

As UBS continues to expand its impressive array of sports and entertainment partnerships, the company solidifies its position as a leader in wealth management.
Tigers Head Coach Brian Kelly as the LSU Tigers take on the Ole Miss Rebels at Tiger Stadium in Baton Rouge, LA. Saturday, Oct. 12, 2024.
November 8, 2024

Source of LSU’s New Tiger Has History of Animal Abuse Allegations

LSU isn’t using the tiger that lives on campus for Saturday’s game.
November 8, 2024

NCAA Lifts Long-Standing Ban on Canadian Hockey League Players

A $600 monthly living stipend had kept players out of NCAA hockey.
Florida football coach Billy Napier
November 7, 2024

Florida Gives Billy Napier Vote of Confidence With Huge Buyout Looming

Napier’s $26 million buyout would be second largest in college football history.
November 6, 2024

CFP’s 12-Team Debut: How NIL, Realignment Shape the Bracket

Miami is ranked No. 4 as aggressive NIL spending has no doubt helped the Hurricanes to their 9–0 start.