Ashley Moody sues ACC for shielding media rights contracts to FSU’s detriment

Ashley Moody FSU via AG office
The action was filed in the 2nd Circuit Thursday.

A double Gator is going to bat for the Florida State University (FSU) Seminoles in court.

Attorney General Ashley Moody, who got her bachelor’s degree and her law degree from the University of Florida, filed a lawsuit against the Atlantic Coast Conference (ACC) for failure to disclose what she believes are public records in the form of media rights contracts.

Moody, who initially requested the records in January to no avail, is shredding the embattled conference for a lack of transparency, a meaningful concern given her contention that FSU “examines and uses the media rights contracts in the transaction of the agency’s official business.”

“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. 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,” she said Thursday.

The suit was filed in the Leon County Circuit Court of the Second Judicial Circuit.

Moody’s filing rehashes concerns about how the Seminoles football team completed an undefeated regular season in 2023, but “despite this achievement, FSU was deprived of a coveted playoff spot in the 2023-2024 College Football Playoff in favor of two other one-loss teams from competing conferences.”

This offers evidence for what the filing calls a “deteriorating environment for the Media Rights Contracts” along with “a threatened imposition of ‘unparalleled’ withdrawal penalties that could range from $572,000,000 to $700,000,000.”

The filing also broaches the discussion of an argument that the ACC’s shielding of the agreements is legal under “trade secrets” legislation, saying that wouldn’t apply here because the ACC “has not maintained the secrecy of many portions of the Media Rights Contracts, including portions relating to confidentiality, the existence of warranties, descriptions of the amounts previously received by FSU under the contracts at issue in this litigation.”

The action is also reliant on the Florida Constitution, which Moody says “creates a broad right to inspect the records of any state or local governmental body” via Article I, section 24(a).

A.G. Gancarski

A.G. Gancarski has written for FloridaPolitics.com since 2014. He is based in Northeast Florida. He can be reached at [email protected] or on Twitter: @AGGancarski


10 comments

  • PeterH

    April 25, 2024 at 1:14 pm

    Does Ashley have standing before the Court?

    Reply

    • LexT

      April 26, 2024 at 8:00 am

      Maybe. She may be filing amicus briefs. However, as Attorney General, Ashley has a unique standing for the entire state of Florida. What muddies this is whether the UAA for FSU is considered a government entity. The entities are separate, but because they are closely attached to the school which is clearly a government entity it is not a simple question. Even non-government entities may be required to comply with public records requests when closely aligned. So this could also be a more narrow separate complaint to gain access to this weird contract.

      Reply

  • ScienceBLVR

    April 25, 2024 at 2:59 pm

    Another taxpayer funded gambit into mostly “who cares” territory. Old news. FSU football didn’t get a playoff spot? How long we gonna hold onto that one? No other pressing matters to attend to, Moody? Let it go Snowflakes

    Reply

    • Dont Say FLA

      April 26, 2024 at 10:13 am

      You’d think they’d have got over themselves after FSU got their asses handed to them in whatever bowl game that was they lost so badly. Claiming grandeur but then losing very badly is so Florida.

      Rhonda and Assley, still sitting in a tree, our time and money, W A S T I N G

      Reply

  • Joe

    April 25, 2024 at 4:03 pm

    Umm hey Ashley… the ACC isn’t a state or local governmental body.
    How do so many G.Q.P. states elect such bad lawyers to be their attorneys general??

    Reply

    • Joe

      April 25, 2024 at 4:09 pm

      Also she absolutely butchers the concept of “sovereign immunity” as is standard for red-state hyper-partisan AGs.

      Reply

  • Earl Pitts "RON'S OFFICIAL "UNOFFICIAL VPOTUS CAMPAIGN MANAGER" American

    April 25, 2024 at 7:52 pm

    Good evening Florida,
    Most of you dont understand exactly what Ron & The Beautiful Ashley are doing here.
    That is due to you guys being very hatefull, short-Sighted, clanish Leftys who dont possess the Sage Political Wisdom of ME, Earl Pitts American.
    LET EARL BREAK IT DOWN:
    1.) The ACC is beholding to and under the thumb of ESPN.
    2.) ESPN is beholding to and under the thump of their owner Disney.
    3.) Disney made their employee, ESPN, pressure the ACC to €Ff that Florida university out of its rightfull shot at the National Championship just because Disney is whizzed off at The Sage Ron DeSantis.
    It was wrong of Disney to do that:
    So Ashley will be filing what we used to call, back in “Esquire School” a 3 part “Ladder Law-Suit”.
    By knocking off the ACC in court and getting a huge monitary award that just sets the precident to advance to rung 2 of the before mentioned “Ladder Law-Suit.
    Thats right rung 2 is Ashley goes after ESPN and kicks their @55 in court for yet another multi-million award.
    Thus setting the legal precident for the 3rd rung of “The Ladder Suit”
    Thats right, Florida, The Sage Ashley, Ron, & Earl, will totally spank Disney for the really really really Ginormous pay-out!!!!
    And now you know the Sage Wisdom behind The Sage Wisdom.
    Earl Pitts “SHARING THE SAGE WISDOM” American.
    *queue Florida’s State Song cranked up REALLY LOUD to further whizz off The ACC, ESPN, AND DISNEY*

    Reply

  • LexT

    April 26, 2024 at 8:03 am

    Florida has limits to the damages that can be contracted for so a weird liquidated damages clause may not hold up under Florida law. What is weird is that the entire contract is being claimed as a trade secret. Normally trade secrets in documents are placed in exhibits that can be redacted.

    Reply

  • Dont Say FLA

    April 26, 2024 at 10:07 am

    Maybe next Assley can sue State of Florida for failure to disclose any and all Rhonda related expenses incurred during the Rhonda Campaign. Is the Rhonda exemption from Sunshine still in place? If so, why? And why was it EVER in place? C’mon Assley. Do your job! Your REAL job!

    Reply

  • It’s ok

    April 26, 2024 at 4:52 pm

    At this point it’s probably best for all concerned that they do as little as possible between now an 2026. I am ok with them focusing on fantasy gambits that have no actual bearing or standing to distract themselves until out of office.

    Reply

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