Maroon

              MAROON SEPTEMBER 17 1976 vol. liii NO. 2 LOYOLA UNIVERSITY NEW ORLEANS Loyola sued for Dome pact Radio station charges monopoly By Peter Finney Jr and Jimmy Smith Covenant Broadcasting Corporation of Louisiana has filed suit in U.S. District Court against Loyola University and the Louisiana Stadium and Exposition District for alleged violations of federal anti-trust laws involving Loyola's broadcast contract with the Superdome. Covenant, owner of WGSO radio which broadcasts many sporting events in the Dome, contends in the suit that Loyola, owner of WWL-TV-AM-FM, is "conspiring" with the Dome "to monopolize radio sportscasting. . ." in the Dome. The suit followed several unsuccessful attempts by executives of WGSO and WWL this summer to reach a compromise on the problem. Loyola has a 10-year contract with the Superdome, plus a 10-year renewal option, giving it "exclusive right" to broadcast events or negotiate with outside parties wishing to broadcast events in the Dome. Loyola pays $100,000 per year for this right. An attorney for Loyola says that the suit doesn't belong in federal court because the suit is attempting to decide a question of state law. In its suit, Covenant contends: —the contract was let illegally in violation of state public bid law; —the contract awarded Loyola exclusive right to radio broadcasting even though no radio bids were solicited through public advertising; -the $100 fee assessed WGSO to broadcast in the Dome is 10 times the cost that would be incurred by a local radio station using its own equipment and personnel; -the Superdome warned potential customers of WGSO that a $1,000 penalty payment would be levied against them if WGSO broadcast their events; -WWL and the Superdome have violated the Sherman (anti-trust) Act by "monopolizing or attempting to monopolize. . .radio sportscasting." Covenant is seeking triple the amount of damages it claims has been suffered by WGSO and is asking for a declaratory judgement annulling the Loyola contract with the Dome. Loyola and the Superdome have until Sept. 29 to file an answer. Covenant will then make a trial request and a date will be set for preliminary hearings. The civil action has been assigned to Judge Morey Sear. "We're contending that the contract was let illegally in violation of state law," WGSO general manager Al Smith said, "giving WWL unfair advantage and restraint of fair trade." But the Louisiana legislature, in July of 1974, ratified Loyola's contract along with 10 other Superdome no-bid contracts, after State Atty. Gen. William Guste gave the WWL pact a specific exemption from the state public bid law because of a technicality in the amendment which created the Superdome. Loyola attorney Tom Rayer says the university will take the stand that the suit doesn't belong in a federal court. "At this juncture," Rayer said, "our present stand is that the issue is not proper before the federal court. They (WGSO) are attempting under the guise of a federal suit to decide on a question of state law. "If we have to," Rayer continued,"we will say that the, method by which the contract was entered into was proper under the laws of the state, and any irregularities have been cured by the act of the legislature." However, Smith says the suit does belong in a federal court. "Anti-trust is federal. And that's whD it's there," he said. Every event that WGSO has broadcast in the Dome, a total of four New Orleans Saints football games so far this season, has cost the Dome SIOO. This is because according to the contract, the Dome must reduce WWL's annual $100,000 payment by $ 100 each time an outside radio station, such as WGSO, broadcasts from the Dome. The Dome is attempting to hold WGSO responsible for reimbursement of their $100 per event loss. "The position we felt compelled to take with WGSO," said Jim Clinton, assistant executive director of the Superdome, "was that the Dome simply could not lose any money in the transaction. If it's going to cost us a hundred dollars for WGSO to come into the building because of our contractual relationship with WWL, then we feel compelled to charge that same figure to WGSO or any other radio station." Smith said that, under protest, he has sent a $100 check to WWL after each Saints game. He said that figure is 10 times the amount it would cost his station to broadcast under normal circumstances. "We do about 50 pickups a year," Smith said. "That's just about one a week. We're talking about $5,000 a year, and that's $100,000 over 20 years." As matters stand now, for each event WGSO broadcasts, WWL receives a $100 reduction in its annual franchise fee to the Dome, and the Dome wants that same amount made up by WGSO. This circle of payments will be one of the central issues of the suit. This is the second suit in 10 months involving Loyola's broadcast contract with the Superdome. The first was a civil suit filed by former Secretary of State Wade O. Martin in Anchorman quits post, 'fires' class By Ruth Largay For the second time in three weeks, journalism students in the "Feature Writing" course are without an instructor. At the beginning of the fall semester, Dr. William Hammel, chairman of the Department of Communications/Journalism, notified students that an instructor had not been hired to teach the course. The course was not cancelled but no classes were held. A week later, Bill Elder, anchorman on WWL -TV's noon and 5 o'clock news, took over the course. The class, which was originally scheduled for 2:30 p.m., was rescheduled for 8:30 a.m. to accommodate Elder. Now, three weeks into the semester, Elder is no longer teaching. He resigned Tuesday night in a phone call to Hammel. Wednesday morning, feature writing students were met in the classroom by Hammel, who told them what had happened. Hammel told the students Elder had resigned because they were coming to the class late and sometimes were not attending class at all. He relayed that Elder was not impressed with the students and was unable to teach people who were going to come late to class. Hammel said he felt this was "bad press" for the university. After Hammel explained Elder's reasons for resigning, students in the feature writing class told Hammel their side of the story. Hammel told the students to return to class Monday morning and there would be someone there to tell them whether or not another instructor had been hired. Elder, now on assignment in San Francisco for WWL-TV, said his reasons for quitting were strictly personal, that there were aggravations. "When I say aggravations, I'm talking about people not showing up for class people who are late, people talking in Superdome: site of a new controversy Art stolen from Cage An original art work by Mario Avati valued at $375 was stolen Tuesday from the Student Union Art Cage in the Danna Center. The print, entitled "Les Crayons de Couleur," is believed to have been stolen between 4 and 5 p.m., according to Jip Nielson, Chairman of the Student Union Art Committee. The art work was one of the most valuable of the 40 pieces in the exhibit. As of yesterday (Thursday) there were no witnesses to the theft. Two New Orleans 2nd District policemen who were at the scene reported that there were no finger prints and no witnesses. If the work were found, its possessor may be jailed and booked with possession of stolen goods unless he could produce a receipt or a bill of sale. Russo said that critics who saw the exhibit last Sunday felt it was, in his words, "the best show Loyola ever had." The stolen print, a mezzotint, was 2 x 16 (size). Nielsen described the print as being".. .on a jet black background. . .with a box of colored pencils, a sea shell, and a paint brush all on top of a table. It was matted bD an acetate cover." The artist, Mario Avati, is considered to be one of the world's great printmakers, and his works are represented in major collections both here and abroad. He is considered to be the world's foremost artist in mezzotint. According to Manuel Cunard, director of Student Activities, the prints are insured. The exhibit is scheduled to run through October 1. All of the remaining prints are for sale. (oont'donp. 11) (cont'd on p. 4)