Published Sep 10, 2020
Big Ten Football Thursday News: Attorney Believes Big Ten Will Reconsider
Chris Balas  •  Maize&BlueReview
Senior Editor

The Big Ten has responded to politicians’ requests to re-evaluate their postponement of fall football … that and more as we head toward mid-September.

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As most know by now, several Nebraska players filed suit in state court seeking to invalidate the league's postponement of the fall football season due to COVID-19, and to award damages.

“We share the disappointment that some student-athletes and their families are feeling,” the Big Ten responded. “However, this lawsuit has no merit and we will defend the decision to protect all student-athletes as we navigate through this global pandemic.

“We are actively considering options to get back to competition and look forward to doing so when it is safe to play."

The conference also responded to politicians in six states who wrote a letter requesting reconsideration of the postponement.

Part of what was included in the letter:

"Recent actions taken by other conferences across the country to start football and other fall sports have placed the Big Ten, its members and students at a disadvantage," the letter reads. "These athletes are losing a vital part of student life and are becoming less marketable to future employers with each passing week. Additionally, our local universities stand to lose hundreds of millions of dollars that support vital student scholarships.

"This is even more frustrating when we think of how our Big Ten athletic programs are leading the way by providing outstanding health and safety protocols."

Again, the Big Ten didn't blink.

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Attorney Tom Mars, leading the way in the quest for Big Ten transparency, has filed a FOIA request to access Big Ten Presidents’ e-mails and more. He told Sirius XM radio this morning he thought Nebraska attorney Mike Flood’s “courageous advocacy” was making a difference, adding the state judge didn’t quite go far enough.

“The judge ordered the Big Ten to produce a number of documents regarding its decision to cancel —they like to say postpone — fall football, and the Big Ten has until Sept. 12 to do that,” he said.

“… I don’t think there’s any other advocacy group that has a leg to stand on in terms of suing the Big Ten, but I do think the collective actions of these parent groups, Flood, all the Big Ten fans that are pretty darned vocal on twitter, what little contribution I’ve made … I think the collective force here is likely to cause the Big Ten to take a second look at this and make a different decision. That’s my prediction.”

Whether it will be in time to have a “meaningful season” …

“I don’t have a clue,” he said. “There’s been nothing about this since the very beginning that one could assess looking back or forward is using logic, at least from my perspective. Public relations … I don’t know how it can be any worse, but then the next day it gets worse.

“Right now, I've never seen any organization look than the Big Ten looks right now, in my opinion.”

Mars said he expects his experience with 13 of the Big Ten schools to be similar to what he’s been through in the past, expecting them to “delay and deny” to avoid giving information. He had lawyers lined up in 11 states, he said, is all but certain he’s going to have to sue at least one “if not several” schools and is currently evaluating which school is getting sued first.

“I’m going to get that information one way or another … those records belong to the public,” he said. “Everybody who works for those institutions is a public servant.”

Regardless, the Big Ten Presidents haven’t been in a hurry to re-vote, and that still seems to be the case.

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