Originally Posted by
Libertine
Your last sentence may be true but the first sentence is incorrect; every FCS program was damaged financially in 2020 by the decision to postpone the season. EKU's argument is that the OVC failed their member institutions and the fact that EKU managed to squeeze a nine-game season out of nothing was thanks to their own effort after the fact. Whether they ended up playing nine games with three FBS or two games against Bishop Sycamore is completely irrelevant. Imagine it this way: if your HOA accidentally sets fire to your house, it was damaged regardless of whether you managed to limit the fire to the back porch or whether it burned the home to the ground.
What's interesting about this case is that EKU's circumstances are not at all unique; however, contracts are specifically stipulated agreements and the parties to those contracts are not obligated to give each other flexibility outside of those agreements simply due to extenuating circumstances. Further, neither are the courts. If COVID had never happened and OVC cancelled the season, this would be an obvious no-brainer that, yes, the OVC failed their members and breached their contract. I haven't read the OVC constitution or conference agreement but I would bet that it more than likely contains a force majeure (act of God) clause but, to this point, there is still no court ruling determining that 'COVID=force majeure'. So, from a strictly legal standpoint, EKU might have a point.
Here's where it gets really interesting, though. As I said before, every FCS program was financially damaged by their conference's decision to ditch the Fall 2020 schedule. Let's say that EKU and the OVC can't negotiate an exit and this goes all the way to a court ruling. If a court were to find in favor of EKU's argument that the OVC breached their contract by cancelling the fall season, that would potentially give every FCS school, every D2 school, every D3 school and every NAIA school whose conference cancelled or postponed their 2020 season a legal foothold to walk out of the door on their respective conferences without penalty.
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