Can Clemson use taxpayer money in lawsuit against ACC? SC Senate sounds off

As Clemson University sues the Athletic Coast Conference over exit fees, the school won’t be able to use tax dollars in order to cover legal fees or any costs to get out of the ACC, under a provision approved by the state Senate.

Under a proviso attached to the $13.8 billion budget approved by the state Senate on Wednesday, no money allocated to colleges and universities can be used for outside legal expenses, exit fees or entry fees directly associated with athletic conference affiliations.

The House would need to agree to the provision before it would be enforced.

The provision comes after Clemson sued the ACC over its exit fee in an initial step to leave the conference during a new round of college football realignment. Over the past few years, the Tigers have been linked to the Big Ten and Southeast Conference as a potential expansion candidate, primarily because of the success and national relevance of their football program under coach Dabo Swinney.

In its March 19 lawsuit, Clemson says the ACC’s exit fee, estimated at $572 million is “unconscionable and unenforceable.”

The lawsuit claims the ACC has made “erroneous assertions” when it claimed it “irrevocably owns the media rights of member institutions” for home games played through 2036, even if a school ceases to be a member of the conference, and that member schools “must pay an exorbitant $140 million penalty to leave the conference.”

How Clemson is paying for the lawsuit has yet to be disclosed. The school did not immediately disclose the information, but multiple media outlets have made inquiries, said Clemson spokesman Joe Galbraith.

State Sen. Brad Hutto, D-Orangeburg, who pushed for the provision in the budget, said that state tax dollars and tuition should not go toward attempting to change athletic conferences.

“I’m all for the school changing (conferences, but) that’s an athletics decision that ought to be paid for by athletic funds, which is what they say they’re going to do anyway,” Hutto said.

Hutto said while a change in athletic conference might be necessary for Clemson, its athletic department should raise the necessary cash.

“I’m not opposed to them changing, but I don’t think they ought to use tax money to do that,” Hutto said.