Fans' lawsuit to continue

Special judge Cecile Blau ruled Monday to allow 46 plaintiffs to pursue their claim that the IU board of trustees broke the Indiana Open Door Law in firing former men's basketball coach Bobby Knight last September.\nWhile Blau ruled Myles Brand was within both the scope of the law and his legal authority as university president in firing Knight, she did acknowledge the plaintiffs' claim that the board met in executive session without public notice. Blau rejected both parties' requests for summary judgment and will allow the suit to commence.\nIn a ruling received by the Monroe County Court Monday, Blau agreed Brand had sole authority to fire Knight, a power designated by the trustees. Blau wrote that the president "had the authority to make, enforce and terminate contracts," thus enabling him to legally fire Knight.\nThe case will now continue on the grounds of the Open Door Law violation. State law defines a public session as a gathering of a group's majority. The 9-member Board met in two groups of four trustees. Because no majority was present, the University argued, the meetings were not considered public and therefore 48-hour public notice was not necessitated.\nLead prosecuting attorney Gojko Kasich disagreed.\n"The authority of Brand (to fire Knight) was never our issue -- it was a smokescreen IU brought up to excuse violation of open door law," Kasich said. "This is an open-door allegation. They do whatever the hell they want behind closed doors."\nKasich said the board of trustees could have convened publicly at their scheduled meeting in New Albany, Ind., Sept. 15. Instead, they met "at the same place, in the same room, within five minutes of each other" on Sept. 10, Kasich said. \n"It's all an ego thing," Kasich said. "It's about defining what a gathering is. If we have four trustees in one corner of Assembly Hall and another four in another corner and the president shuffling back and forth between them (for example), that's a gathering. The whole thing is about intent."\nThat intent, Kasich said, was to bring trustees together to "get information and get votes." Similar cases have been tried in the Minnesota Court of Appeals, Kasich said, and violations of that state's sunshine laws have been determined through deliberations. \nKasich said motions for at least 10 individual depositions will be filed. Another hearing concerning those depositions will likely commence. He speculated the case could drag on for another 2-3 months as depositions are carried out and new motions are filed. \nIf the trustees are determined to have violated the Open Door Law, the court can enter an injunction preventing them from taking similar action, said Kasich. Additionally, any action taken as a result of the violation would be voided. \nThus, Knight's firing would be rescinded. But that's not the issue, Kasich said. Knight is "happy where he is."\nIU might also be required to award attorney fees to the prevailing party as well, Kasich said. \nUniversity counsel Dorothy Frapwell said she has read the ruling. University attorneys are continuing review of the case. But because matters are still before the court, Frapwell declined to speculate or comment further.