FSU prepares to fight back
TALLAHASSEE - Outrage over a crackdown on American Indian mascots is spreading from Florida State University - home of the Seminoles - to the governor's office, the state Legislature and even Congress.
With stern faces and tough talk, FSU trustees on Wednesday authorized university President T.K. Wetherell to do whatever it takes to appeal a new National Collegiate Athletic Association policy prohibiting schools from displaying "hostile and abusive" American Indian "mascots, nicknames or imagery" during championship events.
That appeal will go through NCAA channels, but Florida State has also enlisted ace Tallahassee lawyer Barry Richard - who represented George W. Bush in Florida's 2000 presidential election recount - for a potential legal challenge.
At an emergency session of FSU's Board of Trustees on Wednesday, school officials indicated they are bracing for a serious fight.
"I just don't think there are thousands of people around the United States going to bed at night concerned that FSU has a relationship with the Seminole Tribe of Florida," said Jim Smith, a trustee and former state attorney general. "But there are tens of thousands of Florida State Seminole supporters going to bed as mad as hell because this situation has been created by the NCAA."
Wetherell provided a hint of the battle to come. When asked whether there could come a time the university might have to change its nickname, he responded, "Only after the United States Supreme Court told us to."
Lining Up Big Guns
The FSU trustees' unanimous vote wasn't the only action on behalf of Florida State on Wednesday:
* Gov. Jeb Bush, who had criticized the NCAA policy this week as an extreme example of political correctness by those who "need to get out more often," weighed in again on the uproar. "It's the combination of a lot of alumni that love their university, number one. And number two, a really stupid decision," Bush said. "The convergence of that has generated a lot of interest."
The governor said his office will "follow the lead of the university."
* Trustees said Wednesday that they had meetings scheduled with state lawmakers who would likely propose FSU-related legislation in an upcoming special session. State Sen. Jim King, R-Jacksonville, and House Speaker Allan Bense, R- Panama City, both high-profile FSU alumni, could not be reached Wednesday. Bush said "apparently, there is a means by which the Legislature can act, and I'm sure they will."
* U.S. Rep. Tom Feeney, R- Oviedo, said he expects judges would find the NCAA's action illegal under the federal Sherman Antitrust Act. But if that doesn't happen, he is prepared to propose changes to the act "to prohibit what the NCAA has done."
The issue transcends sports, said Feeney, who describes himself as a free-speech advocate, particularly as it relates to college campuses. "This is a slippery slope," he said. "If we can't protect free speech on American campuses, then we can't protect it anywhere."
Feeney, who did not attend Florida State, sits on the powerful House Judiciary Committee. He acknowledged the FSU flap would not be one of his committee's priorities, but "you can fight terrorism and fight for constitutionally protected free speech at the same time."
Eighteen schools were deemed by the NCAA to have "hostile or abusive" American Indian mascots, nicknames or imagery. In a letter to Wetherell, NCAA President Myles Brand said schools may appeal the applicability of the policy to their particular situations.
For example, they could make the case that the use of the mascot does not create a hostile or abusive environment. Schools could also seek to modify the policy.
Appeals go first to the NCAA Executive Committee's Subcommittee on Gender and Diversity Issues; rejection there could be appealed to the full executive committee.
Tribe's Endorsement Key
A key to Florida State's appeal to the NCAA and, if necessary, the courts, will be the school's positive relationship with the Seminole Tribe of Florida.
The tribe adopted a resolution in June supporting the school's use of the name.
But the NCAA stated that Seminole tribes in other states, particularly Oklahoma, have objected to the use of the name.
Peter Roby, director of the Center for the Study of Sport in Society at Northeastern University in Boston, is among those who say FSU should drop the Seminole name.
He is not swayed by the argument that the school's relationship with the state's Seminole Indians should be a factor. FSU's nationally televised games reach audiences of American Indians and others outside the state who may be offended.
"It speaks to stereotyping that's been going on in our society for many years," Roby said.
That has not been the common reaction in Florida. On Sun Sports cable television's "Sports Talk Live" this week, the NCAA's Charlotte Westerhaus acknowledged her office "did not expect the kind of reaction that primarily we've gotten from the fan base of Florida State."
The policy would not affect Florida State's high-profile football team, because championship play in that sport is out of the NCAA's jurisdiction.
The Collegiate Licensing Co. does not reveal sales figures for logo merchandise, but says Florida State ranked 11th in the nation in sales in the second half of 2004.
Meanwhile, motorists purchased or renewed 72,055 FSU license tags in 2004, making it the state's sixth-best-selling specialty license plate last year, according to the state Department of Highway Safety & Motor Vehicles.
Gary Haber, Garrett Therolf and Doug Carlson contributed to this report. Jerome R. Stockfisch is a staff reporter for The Tampa Tribune.