This is dumb as ****. We’ve always been relatively flush with cash and a nationally relevant brand. The acc is a tomb that nobody is going to escape from and we should be doing everything in our power to escape and get a P2 spot. Their crusade against the ACC is the one smart thing fsu has ever done
If we get stuck in the ACC, we’re never coming back
I watched a podcast of a lawyer going over some of the FSU and ACC court filings.
There are some interesting points that could play out in our favor.
Basically, the ACC has not acted in the best interest of the schools. It's contractual exit fees may be illegal. In Florida,you cannot contractually prevent commerce.
For example, a hospital employing a doctor can't have contract with the doctor saying, "If you leave before the end of the contract, you can't work in the State of Florida or anywhere in thr USA."
FSU is arguing that the ACC has placed an unfair exit fee "penalty " making it impossible to leave which is basically saying you can't play football anywhere in the USA because they've made it financially impossible. They further argue that they had no choice in signing the 2016 contact with ESPN because failing to do so would have cost them more than $200 million to leave the ACC. So, FSU is saying the exit fees are so high that they are designed to be prohibitive and not based on any loss of income the ACC would have from FSU leaving. They argue that it's not a fee. It's a penalty designed to prevent commerce.
Secondly, the 9-year extension granted to ESPN through 2036 doesn’t specify any monetary changes and should be deemed null and void. ESPN has not exercised their right to extend the contract. They have until 2025 to do so.
I think FSU has some valid arguments. If a judge rules the exit fees to be prohibitive of commerce under Florida law, then the ACC would have to show the actual loss of revenue from FSU leaving. The ACC would have to show that ESPN would contractually pay less money in the current contract.
I'm very interested in whether the TV contract extension given to ESPN is voided. If voided, Miami could walk away from the ACC at the end of 2027 or leave earlier paying a significantly lower exit fee.