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发帖数: 764 | 1 CN) - ESPN says the University of Texas is playing games with sports station
's FOIA request about plans to move the Longhorns out of the Big 12
Conference. Possible realignment of the Big 12, PAC 10 and Big 10 is big
news, and the public is entitled to it, ESPN says, despite the UT's claim
that the documents are protected from disclosure by attorney-client
privilege.
ESPN and its reporter Paula Lavigne sued the University of Texas System
, seeking declaratory judgment in Travis County Court, Austin.
Lavigne submitted a FOIA request on June 22, seeking any documents
generated since May 1, including emails, fax, or telephone notes from UT
officials, regarding membership realignment of the Big 12, Big 10 and PAC 10
conferences.
The UT refused, citing attorney-client privilege, and saying the
attorney general, agreed.
"However, the arguments that the UT system asserted simply cannot apply
to the vast bulk of information sought by ESPN, if any," the complaint
states. "For example, the UT system claims that certain responsive
information related to UT Austin President William Powers is not public
information because it was not 'collected, assembled or maintained in
connection of transaction of official business of' UT Austin, but rather in
President Powers' capacity as Chair of the Big 12 Board of Directors.
However, the UT system admits that President Powers holds his position as
Chair of the Big 12 Board of Directors only by virtue of his Presidency of
UT Austin and because UT Austin is a member of the Big 12 conference.
Further, the fact that the Big 12 itself is not a governmental body is
irrelevant. ESPN has requested the information from UT Austin, not the Big
12. UT Austin's membership in the Big 12 and/or the possibility of
realignment has a substantial impact on UT Austin and relates to UT Austin's
business, and therefore falls within the definition of public information.
... Additionally, the UT system's claim that much of the information and
communication related to membership realignment of the Big 12 and other
conferences is protected by the attorney-client privilege is internally
inconsistent. It is inherent in the UT system's argument in its brief that
much if not all of the alleged attorney-client privileged information was
shared with the Big 12, thereby defeating the privilege."
Major conference athletic realignment dominated the headlines this
summer, with Texas as a major player. Various reports had Texas preparing to
move to the Big 10 or the PAC 10, which many analysts speculated could
spell the end of the Big 12. Ultimately, Texas stayed put, with only
Nebraska and Colorado moving out of the Big 12. Nebraska will begin playing
in the Big 10 and Colorado will begin playing in the PAC 10 next year.
ESPN wants to see the documents. It is represented by Catherine Robb of
Austin and Sedgwick, Detert, Moran & Arnold of Houston | b*****a
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