re: Updated: The Elephant, The Midget, and the Wardrobe---KEEP DISCUSSION HERE***

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NBamaAlum

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Are statutes written to where every citizen would mean people living in the state? Take for instance speeding (might not be a good example). If you speed in Alabama but are from another state, you can still be charged with speeding. If that means, every citizen of the state, then yeah. He is screwed

I expect an update on the way this unfolds tomorrow. I must turn in, so I wish you all sweet sweet dreams before I go...

Good night Bella

Before I go, I'll just post this.

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By the express terms of the Alabama Public Records Law, the right to inspect and take a copy of public writings of the State of Alabama inures to the benefit of every citizen. See Scott v. Culpepper, 220 Ala. 393, 393-94, 125 So. 643, 644 (1930) (The law "gives every citizen a right to inspect and take a copy" of public records.). Although the statute does not contain a definition of the term "citizen," that term probably indicates that the statute was intended to apply to United States citizens, since the Alabama Legislature could easily have limited the statute to citizens of Alabama by express language but did not do so. However, there is no reported case in Alabama in which a citizen of another state has sought to invoke the provisions of the statute. Because the statute expressly provides for right of access of "citizens," by standard rules of statutory construction foreign nationals would not have a right of access under the statute.

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So, if his blog doesn't fit the definiton of "news media", he may be SOL.

You know if this bozo's on it well........

https://www.sportsbybrooks.com/photos-ingram-heisman-tie-to-booster-suitable-29798

Players bought suits and signed memorabilia. You can find signed memorabilia just about in any college town you want to pick that has a program that matters and even some that don't.

Players also buy suits in those towns. If anyone has any evidence that any wrongdoing took place let him come forward.

Just some butthurt Aubs pissed that Operation Red Dog didn't work. Nice try again boys.

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I'm pretty sure that the Eleventh Circuit would follow the Third Circuit in holding that denials of FOIA/open records requests based upon citizenship are prohibited, so I would bet that Travis' citizenship was a non-issue.

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I am not would not be foolish enough to say one way or the other how the fine judges in Atlanta would rule, but I would mention a few things that distinguish, in my opinion, your listed case and the Travis matter.

The Courts list one reason for the Privileges and Immunities Clause as a mechanism to promote essential activity or exercise a basic right. It speaks to Baldwin and its "common callings" litmus test as well. The petitioner alleged that

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(1) his right to pursue his "common calling" as a journalist and (2) his right to "engage in the political process with regard to matters of political and economic importance."

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were infringed, and the Court is silent as to the first and responsive to the second.


I could go further, but the germane passage, and the Courts rationale is as follows:

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Because we conclude that the second right asserted by Lee—the right to "engage in the political process with regard to matters of national political and economic importance"—is protected under the Privileges and Immunities Clause, we need not address these arguments.

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I think you can see where I am heading with this...I love Alabama football, but I can't say it is a matter of national political and economic importance.

A quick quote from Tolchin v SCoNJ used by the Deleware court in their reasoning.

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Accordingly, political advocacy regarding matters of national interest or interests common between the states plays an important role in furthering a "vital national economy" and "vindicat[ing] individual and societal rights."

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The Court again quotes Tolchin concerning incidental non-resident discrimination.

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noting that it is necessary to "distinguish between incidental discrimination against nonresidents and discrimination that imposes too heavy a burden on their privileges

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So, the burden would be on Mr. Travis to show that the denial was not merely incidental in nature, a burden which I dare to say he could not meet.


Long story short, the first prong of the test used by the Court in making a determination would not be met. But I feel as if we are putting the cart in front of the horse here. Mr. Travis has recourse well before any of this stuff comes into play. He may seek an administrative review by the Alabama Attorney Generals office of the denial. If he is not satisfied with that he may seek recourse in a Alabama state court. If does not achieve the desired result there, he may petition for a writ of mandamus from the Supreme Court of Alabama. If he is still unhappy, he could then seek redress in the Federal District Court in T-town. You know the rest...

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why go into such detail about the judicial system?

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Because I was speaking to someone who has the capacity to understand. I can simplify it for you if you would like. Hell, even Ol' Ice or WDE can come in here and do it...

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isnt the saying, if they dont produce then they must be guilty?

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Ummm...no? It may be a saying that you use or have heard, but I personally think it is foolish.

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Based upon the DE court's reliance on this language from Tolchin, I would argue that potential violations by the Alabama football program (and the football programs at Auburn, Tennessee, Florida, etc.) are at least a matter of "national . . . economic importance" as it directly affects an "interest[] common between the states." SEC football is a multi-million dollar venture whose impact is felt nation-wide, and any potential violations by a major power in the SEC would resonate beyond the state boundaries of that school.

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I think the fact that we both look through the prism of our love for college football has clouded our perception. The DE case was based on predatory lending and the insurance issues related to that. I don't have to tell you that DE is the corporate home for a shite ton of businesses. A clear matter of "national...economic importance." We'll agree to disagree on CFB being a similar matter.

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I don't think he has a a very difficult burden to meet at all if he can show that his request was similar to the request put forth by the Al.com media group to which the University found responsive documents

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A request by individuals who have a clear right to such documents. I would think that the fact that no record of a non-resident invoking the statute would be dispositive.

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Granted we don't know how the Al.com media group worded their request, but that would be the starting point for the argument if I were Travis' attorney.

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No doubt.

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Agreed, but I don't think it's an entirely useless exercise to think about the potential end-game of the process, which would be federal court.

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If I made it seem like this would a useless exercise, forgive me. This is great stuff...hell, it keeps me from doing actual work.

This is like the Internet version of Thanksgiving at my house, minus the Bourbon.