PICKENS, S.C. — The Atlantic Coast Conference tried to use moving this year’s Clemson-South Carolina game to support its argument during Friday’s jurisdiction hearing in the Clemson vs. ACC lawsuit at the Pickens County Courthouse.
The ACC claims, as part of its ESPN Agreement, that it conducts its business in the state of North Carolina, and thus the lawsuits should be heard in North Carolina. Clemson disputes those claims and says the ESPN Agreement requires Clemson and other members of the ACC to assist in broadcast matters when hosting home events, meaning the conference does not just conduct its business in the state of North Carolina.
Judge Perry H. Gravely agreed, as he denied the ACC’s motion to dismiss the case in South Carolina. The judge said Clemson has proven jurisdiction and ruled in the university’s favor.
The ACC tried to argue that when Clemson turned down the league’s request to move the South Carolina game to Black Friday, it showed that ACC does not conduct business in the Palmetto State.
“I think that illustrates well why there is not a specific jurisdiction,” the ACC attorney said. “As your Honor may recall, the email asks Clemson to move the time and maybe the location of the USC-Clemson game, which is a big deal to both USC and Clemson in South Carolina.
“But Clemson said, ‘No, we are not going to do that.’ They had a right to do that. The ACC did not have the right to direct them to move it. They asked them to do it and they chose not to. That shows the ACC does not have this regional control that will give rise to this specific jurisdiction. It is just the opposite. Clemson controls where they are going to play the game.”
Clemson argued the ACC’s point and said the league was trying to play magic tricks by making the judge look over here, while all the while doing something different with the other hand.
The ACC claimed the value of the grant of rights is not to broadcast in South Carolina, but to broadcast the Clemson game.
“What Clemson is told is to be ready to broadcast this across the country, no matter where it is played,” the league’s attorney said. “They choose to play it in Death Valley and I do not blame them because it is a great place to play, but it is a national broadcast, not a South Carolina broadcast.”
However, Judge Gravely quickly questioned that notation by asking if the broadcast itself was generated in South Carolina, which the ACC agreed was the case. However, it argued because it is shown across the country that is what brings value to the broadcast.
Again, Gravely asked, “was it not also being broadcasted in the state of South Carolina.” The ACC tried to say that if it was only broadcasted in South Carolina there would be a substantial change, using an example that people all across the country tune in to watch Clemson play Florida State because of the game, not because it was being played at Memorial Stadium.
“The Honor is certainly right, it is broadcasted in South Carolina, but the value comes from the regional and national broadcast, otherwise ESPN would not be interested,” the ACC attorney said.
–Photo by Ken Ruinard / USA TODAY NETWORK
