ND, ESPN deliver oral arguments in Indiana Supreme Court

first_imgThe Supreme Court of Indiana heard arguments from attorneys representing Notre Dame and ESPN on Tuesday, the latest development in an ongoing case hinging on the status of Notre Dame Security Police (NDSP) as a public or private agency.Like police departments across the state, NDSP responds to, investigates, interrogates and arrests individuals for crimes such as robbery, rape and assault, ESPN attorney Maggie Smith said, according to an audio recording of the oral arguments available on the Indiana Judicial Branch’s website.Lindsey Meyers “But unlike all the other police departments in the state, including those at public universities, Notre Dame wants to keep all the records of their police department secret and insulated from the public accountability that all of the other police departments in the state have,” Smith said.Notre Dame attorney Peter Rusthoven said when examining the “plain and ordinary” language of Indiana’s Access to Public Records Act (APRA), the law applies only to governmental agencies and departments.“There is not a single reference to anything other than public’s right to know what their elected representatives and agencies do,” Rusthoven said. “And whatever else Notre Dame may be, it is not the elected representatives of government.”ESPN filed the lawsuit against the University in January 2015 after NDSP refused to release incident reports related to student-athletes on two separate occasions.The St. Joseph County Superior Court issued a ruling in Notre Dame’s favor in April 2015. After ESPN appealed the decision, the Indiana Court of Appeals reversed the district court’s ruling in March 2016.Since October 2014, two state officials — Public Access Counselor Luke Britt and Attorney General Greg Zoeller — have said they believe Notre Dame to be subject to APRA.Both attorneys discussed Indiana House Bill 1022, a bill to change the public record requirements for private universities, that was vetoed by Gov. Mike Pence last March. The bill would have required police departments at private colleges and universities to only release information about incidents that result in arrests or incarcerations, exempting a large number of the cases that occur on college campuses.“I think this court has to look at that as an express recognition by the legislature that the existing law — which governs this dispute — did not do what Notre Dame wanted it to do,” Smith said. “It had to come in and change the law to accomplish what they wanted.”The law would not have affected the case in question, Smith added, for it would only apply to future incidences.Rusthoven argued that when the legislature wants to say something, it knows how to say it clearly, noting that no additional attempts at legislation have been made to address the issue.“This has been out there for a long time,” he said. “If the legislature wants to change it, they have to do it.”The Indiana Supreme Court granted Notre Dame’s appeal on June 30, agreeing to hear the case. There is no schedule for when the decision will be announced.last_img read more

Mikel Arteta rates Arsenal’s chances of qualifying for the Champions League

first_imgArsenal have put themselves back in contention (Picture: Getty)The Gunners can close that gap further as they travel to City on Wednesday as Arteta makes a return to the Etihad and the Spaniard insists his side can still qualify for Europe’s elite competition. AdvertisementAdvertisementADVERTISEMENTAsked about Arsenal’s chances, Arteta replied: ‘I don’t know. It’s still a long way to go. We want to go game by game.‘Three weeks ago it was impossible. Now it looks more possible.’More: FootballRio Ferdinand urges Ole Gunnar Solskjaer to drop Manchester United starChelsea defender Fikayo Tomori reveals why he made U-turn over transfer deadline day moveMikel Arteta rates Thomas Partey’s chances of making his Arsenal debut vs Man CityIt’s the first time since leaving City that Arteta will take on his mentor Pep Guardiola. City’s title defence has collapsed in spectacular fashion in Arteta’s absence but the Spaniard says the Blues have been unlucky.‘Sometimes small details make the difference. I think they’ve been very unlucky.‘This is football. It can happen. We have to be at our best that’s for sure to have any chance of winning the game.‘We are in two different processes and levels, we have to be at our best.’MORE: Sir Alex Ferguson holds talks with Manchester United transfer target Jude Bellingham at club’s training ground Comment Mikel Arteta rates Arsenal’s chances of qualifying for the Champions League Mikel Arteta remains hopeful of a Champions League spot (Picture: Getty)Arsenal boss Mikel Arteta admits his side have given themselves an outside chance of a Champions League spot and says anything is ‘possible’ during the Premier League run-in.The Spaniard’s steadied the club since his appointment in December and the Gunners have lost once during 2020, albeit a damaging 2-1 defeat to Olympiacos in the last-32 stage of the Europa League.Saturday’s 1-0 win against West Ham put Arsenal to within five points of fifth-placed Manchester United, who currently occupy a Champions League spot thanks to the ban issued to Manchester City. Metro Sport ReporterMonday 9 Mar 2020 9:56 pmShare this article via facebookShare this article via twitterShare this article via messengerShare this with Share this article via emailShare this article via flipboardCopy link1.2kShares Advertisement Advertisementlast_img read more