Attorney Calls Hogwash on UA FOIA Denial

A Little Rock attorney is calling hogwash on the University of Arkansas’ denial of our recent FOIA request to release the licensee information for the skybox suites at Baum Stadium.

When we set out to write a piece on luxury suites in the three major UA sports venues, we were granted the licensee information for Donald W. Reynolds Razorback Stadium and Bud Walton Arena.

However, a UA representative said the information on suites at Baum Stadium is exempt from disclosure under the Freedom of Information Act because releasing it would give an advantage to competitors, namely Arvest Ballpark in Springdale, home of the region’s minor league baseball team, the Northwest Arkansas Naturals.

In an email, Kevin Trainor, UA associate athletics director for public relations, cited several court cases to defend the point that the information is exempt for release, likening a suite licensee list to a customer list for a private company.

However, John Tull of Quattlebaum, Grooms & Tull PLLC in Little Rock said the court decisions do not apply to the case at hand, for a variety of reasons.

“The requested information is not remotely the same type of information contemplated by the exemption, and it is incredulous to argue that information as to the identity of lessors of Baum Stadium skyboxes places the University of Arkansas at a competitive disadvantage as to the Arkansas Naturals,” Tull said.

In particular, Tull took issue with a cited case that deals with the Arkansas Trade Secret Act.

“Surely, the U of A is not contending a list of lessors of skyboxes is a trade secret,” he said. “One of the factors used by courts to determine if information is truly confidential is the extent the information may be obtained from other sources and the extent the information is kept secured.  

“Any patron of a Razorback baseball game may walk past the boxes and observe the names on the doors,” Tull said.

Another problem Tull sees with UA’s denial? In court, the UA would have to prove that it is in competition with Arvest Ballpark for suite customers.

“There is simply no competition between the two,” he said.

The UA baseball schedule usually begins in February, and the Southeastern Conference tournament is usually mid-May. The Naturals do not begin playing until April, and the team continues into September.

In 2015, there were no home games on the same night for the two teams.

Both teams’ leadership have even publicly stated that there is no competition between the two.

Also, Tull says Arvest Ballpark and Baum Stadium suites are different products altogether, as Arvest suites rent by the game, whereas Baum Stadium suite licensees sign an agreement for the season.

For the record, Tull is not an LSU Tigers fan in sheep’s clothing, trying to take a stab at the university. He is actually a University of Arkansas School of Law alum and a self-proclaimed Hog fan.

And if you’re worried the baseball team is not doing well with ticket sales, don’t.

A June headline from a Razorback press release says it all: “Baseball Shatters Attendance Records for 2015.”