ACC v FSU Update: 11 States Join Florida, File Brief To Protect Sovereign Immunity

The long, dragged-out legal process has brought another update that could change everything.

Nov 4, 2023; Pittsburgh, Pennsylvania, USA; Florida State Seminoles Athletic Director Michael Alford in attendance as the Florida State Seminoles play the Pittsburgh Panthers at Acrisure Stadium. Mandatory Credit: Charles LeClaire-Imagn Images / Charles LeClaire-Imagn Images

More than 10 states have joined the State of Florida in an amicus brief to support its fight over state’s rights after a North Carolina judge ruled Florida State University (a public university) waived its “sovereign immunity” by voluntarily dealing with the Atlantic Coast Conference

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Earlier this year, Florida Attorney General Ashley Moody sued the ACC after it failed to provide the details of the Grant of Rights agreement between the Conference and ESPN, which has been one of the focal points of both lawsuits.

Mecklenburg County (North Carolina) Judge Louis A. Bledsoe ruled that Florida State waived its sovereign immunity by being a member of the Conference, making the secrecy of the agreement between the ACC and ESPN legitimate.

The ACC has since released the (heavily redacted) details of the Grant of Rights agreement.

AG Moody claims the agreement is public record under Florida law, but the ACC – and Mecklenburg County Judge Louis A. Bledsoe – disagrees.

AG Moody’s argument in the lawsuit is that it does not matter if Florida State does business with the ACC outside of state lines, all records – due to Florida law – are public records.

The states alongside Florida involved in the amicus brief supporting the FSU Board of Trustees include Alabama, Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Ohio, Oklahoma, South Carolina, South Dakota, and Utah.

Part of the amicus brief states:

“Each of the fifty states enjoys immunity under the U.S. Constitution from lawsuits to which they have not consented. Embracing a long history of sovereign immunity, the Constitution requires a state's consent before a federal court or another state's court can exercise jurisdiction over that state. The States have an interest in preserving the rights secured to them and their constituent institutions by the U.S. Constitution, including the immunity of their public universities from suit in other states' courts without the States' clear and unequivocal consent.”

In short, the states believe the ruling from Judge Bledsoe – should it become precedent – threatens the authority of each individual state guaranteed by the Constitution.

It is uncertain how this brief will affect the ongoing competing lawsuits between FSU and the Atlantic Coast Conference, but it could result in the case being thrown out and solidify a precedent protecting state’s rights.

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