The Florida State Board of Directors filed a motion Wednesday to dismiss the lawsuit ACC filed against it in Mecklenburg County, North Carolina.
In the motion, the State of Florida argues that ACC's lawsuit is “fundamentally flawed” and is an inadequate attempt at “procedural protection.” They cite a “race to the court” to file suit against the state of Florida first, their failure to secure the two-thirds vote of members required by the league's Constitution to file suit, and the inability to show that the Board of FSU approved the grant of rights as required by Florida law, among multiple reasons.
If the court does not dismiss the lawsuit, the state of Florida has asked the court to stay ACC's lawsuit in favor of the lawsuit FSU filed against ACC in Leon County, Florida. It argues that “the Florida Action is the broadest and most comprehensive action, and the ACC should not be entitled to any first-filing deference as a result of its inadequate forum shopping.”
The ACC filed a lawsuit against the State of Florida on December 21 seeking a declaratory judgment in defense of the grant of rights, one day before the Florida State board filed its own lawsuit against the ACC, challenging the grant of rights. and the $130 million withdrawal fee.
Florida State and all other ACC members signed a rights grant with the league that will run through 2036, the duration of their television contract with ESPN. The rights grant gives the conference control over its media rights, including television revenues and broadcasts of home games in all sports. Additionally, any school wanting to leave the ACC would have to pay an exit fee three times the league's operating budget, or approximately $130 million.
