Bismarck Tribune - North Dakota News - Judge limits document request in North Dakota nickname lawsuit

Judge limits document request in North Dakota nickname lawsuit

Apr 27, 2007 - 04:11:30 CDT

By DAVE KOLPACK
Associated Press Writer

FARGO - A judge has sided with a University of North Dakota request to limit certain documents in a lawsuit against the NCAA over the school's Fighting Sioux nickname.

UND is challenging an NCAA ruling that would prevent the school from hosting postseason tournaments or displaying the logo in playoff games. The NCAA has labeled the nickname "hostile and abusive," but its ban is on hold until the outcome of UND's lawsuit, which is scheduled for trial in December.

Judge Lawrence Jahnke ruled Thursday that the issue in the lawsuit is whether the NCAA acted properly in imposing the ban, not whether the logo and nickname are offensive. He denied the NCAA's request for information about conversations with the family of the late Ralph Engelstad, a UND benefactor, information on American Indian programs on campus, and contact with local Indian tribes.

Attorney General Wayne Stenehjem said the NCAA request would have forced the school to examine "tens of thousands of pages of documents" that would have taken "hundreds and hundreds of hours" to produce.

"This (ruling) is going to save us an enormous amount of time and we hope keep us on track so we that we can get this matter heard in December," Stenehjem said Thursday.

"We had said from the beginning that this lawsuit was about the process that was followed by the NCAA," Stenehjem said.

Fargo attorney Wick Corwin, who is representing the NCAA, declined to comment.

Jahnke said last week he was worried about legal fees "rapidly spiraling out of control" and asked lawyers to get a handle on expenses.

The NCAA had asked to look at communications Engelstad had with UND and the state Board of Higher Education. Engelstad, who died in 2002, made the nickname an issue when he donated money for the school's $100 million hockey arena.

The NCAA also asked for information on UND's dealings with the Office of Civil Rights.

Jahnke denied both requests, saying "the sole purpose of this particular lawsuit is to examine the methodology utilized by the NCAA Executive Committee" in its action against UND.

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Comments

To Sioux Fan, wrote on Apr 27, 2007 4:05 PM:

" I agree with you, if one changes then by heck they all should, but we also need to eliminate the use Fighting Irish, Viking, Aztecs, etc......I suppose that will make everyone happy....This is nothing more than political correctness. Let's pass the hat and see if the vocal minority opposed to this name will raise enough money to make a name change revenue neutral to the school. One question though, where is our congressional leadership in the need for anti-trust hearing against the NCAA. Senators and Congressman, where are you on this issue? Isn't it time rein in the corruption that has taken over the NCAA? "

dave wrote on Apr 27, 2007 3:47 PM:

" Sioux Fan, Florida State has the full backing of the Seminole tribe to do that. Do the Sioux? Nope, or we wouldn't be talking about it. Let's hear it for demolishing the Ralph!!! "

hugo wrote on Apr 27, 2007 3:21 PM:

" since we won't quit lets change the name to "fighting north dakotans" maybe "hicks" could be be the mascot image? "

Sioux Fan wrote on Apr 27, 2007 3:07 PM:

" If one college or university with an Native American name has to change they all should. Heck, why stop there let's have all schools including high schools. It's not right to just pick and choose. And you want to talk about "hostile and abusive." The Seminoles have someone, before their games start, ride out on a horse and throw a hammer into the ground. I think I've said enough!!! "

dave wrote on Apr 27, 2007 12:03 PM:

" By the way, Florida State has had a written agreement with the Seminole tribe since 1978. If UND would have had any forward thinking people they could have something like that also. Instead, they tell the tribes that they should be honored. "

dave wrote on Apr 27, 2007 11:24 AM:

" Illinois dropped their mascot (Chief Illiniwek). I hope the Ralph does sit vacant because it shows how stupid and arrogant people can be. What happens when the "private funding" runs out? I've heard they are running behind. "

To Why wrote on Apr 27, 2007 10:29 AM:

" Why is the NCAA trying so hard to force UND to change,while allowing Illinois, Florida St, and others to keep their name?? Money perhaps?? "

sports fan wrote on Apr 27, 2007 10:27 AM:

" after all these years, if you really look at it, THERE'S NO "HONOR" IN BEING A MASCOT!!" take an objective look at all the comments over the year's and you will find that even the dialogue is hostile and abusive. If the NCAA did follow their own process or if their process flawed, then they should be told that by the courts if they have to be. but that doesn't mean the "hostile and abusive environment" doesn't exist!! "

SIOUX YEAH YEAH wrote on Apr 27, 2007 10:05 AM:

" The University has been around for over a 100 years why should it change everything all of sudden. Yes it is about money. Can you imagine the costs of replacing everything plus the Alumni donations losts. May the SIOUX name live long & strong forever! "

Get a Clue wrote on Apr 27, 2007 10:04 AM:

" "Why?" needs to do some homework before shooting off their mouth. NO college or public funds are going into this lawsuit. It is financed entirely by private donations. But I guess that is typical ignorance of a lot of people that oppose the Fighting Sioux nickname. "

BabyT wrote on Apr 27, 2007 9:26 AM:

" Its fairly well known in some circles that if the name changes, the arena will sit vacant. The REA still has this ability, as the university has NO ownership in the arena. It was never (and won't be) turned over to university ownership, and you can be certain the Ralph Engelstad corp has the means to pull the plug on the building if they want. "

Why? wrote on Apr 27, 2007 9:14 AM:

" Is there a specific reason for why UND is trying so hard. Is it money....is it really honoring the Native people? People still don't know that there are other tribes outside North Dakota. Is our education system still lagging behind in educating White Americans? Come on UND just give and tear down that CANCER site that is the "ROWLF!!" No wait.....keep fighting you'll just end up taping into your education departments and then maybe into your scholorship funds for relief. GO FIGHTING FOULS!!!! "

Go Sioux wrote on Apr 27, 2007 5:20 AM:

" Go Sioux "

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