We Will Win: College Football and State Politics

After University of Georgia’s new football coach, Kirby Smart, was seen flying around in a helicopter and private jet to recruit star football players, the Atlanta Journal-Constitution used the FOIA law to investigate. The result? After some unflattering news stories, Georgia passed a FOIA law this month that allows Georgia’s athletic department to wait 90 days before responding to a records request from news agencies.

Before the law was enacted last week, AJC reported that the new coach and his staff produced 25 invoices totaling $558,741 in two months. Several invoices reflected charges of $20,000 or more for private jets, with a high of $45,306 on December 11^th.

Georgia football isn’t alone in trying to hide information from the public. ESPN has used Indiana’s open records law to compel the Notre Dame police department to hand over documents relating to the alleged arrests of football players. The network contends that Notre Dame’s police department is a public entity because it is authorized by the state to enforce all Indiana laws. In mid-March, a state appeals court ruled in favor of ESPN.

But that might be irrelevant because Notre Dame friends in the legislature passed a FOIA exception just for this case. This bill is currently on the governor’s desk. It would classify private university police departments as public agencies, but would also exempt certain records from being released to the public.

To put this in context, consider Prof. Ryan Brewer’s (Indiana University, finance department) rankings of D-I football programs by market valuations used for professional football teams. Notre Dame ranked 2^nd in the nation, valued at $811.5 million (behind Texas at $875 million). Georgia ranked 8^th at $581.8 million. Illinois was a distant 55^th ($94.5 million).

For years, it’s been true that college football is more a business than a game. College football at Georgia and Notre Dame show that these big businesses are also powerful interest groups. Georgia governor’s spokesperson admitted as much when she said, “This is an economic development bill, and the governor supported the inclusion of the language regarding athletics. It simply levels the playing field with other states that also have strong athletic programs like Georgia.”