embracing a version of the affected-with-the-public-interest test
How later courts described this case
- embracing a version of the affected-with-the-public-interest test
Written by the judges who cited it.
The opinion
TYSON, Judge
(dissenting).
Most respectfully, I dissent. This writer cannot equate the regulation of the sale of athletic tickets to the premiere athletic event between our two largest State supported institutions with the regulation of privately owned and operated sales of tickets to other types of public amusements.
Auburn University and the University of Alabama are without question the two largest, best known educational institutions in Alabama, and for many years have served a substantial segment of the population of this State by providing higher educational opportunities for our people. Literally, millions of dollars of public revenue have been invested in each of these fine *469 institutions. Our Legislature appropriates vast sums for the operation of each school annually.
Of importance is the athletic program at both schools. The athletic program at each school is largely, if not totally, supported by the gate receipts from the sale of tickets to football athletic contests. This has been the policy for many years at both schools, and is widely recognized as effectuating substantial savings to the taxpayers of this State. Tickets from both institutions are made available for sale to the general public each year. Also, annually, football tickets are sold for both Auburn University and the University of Alabama through the Parks and Recreation Board of the City of Birmingham, Alabama. Moreover, the site of these football contests in Birmingham, Alabama, is at Legion Field, which is a publicly owned athletic stadium. Considerable time and effort are required on the part of the personnel of the City of Birmingham to regulate and effect the traffic flow to and from the site of these athletic contests. Other personnel of the City of Birmingham are regularly involved in maintaining order at the site, and, indeed, throughout the City, caused by the heavy influx of interested persons coming to such athletic contests.
All of the foregoing factors point up a self-evident truth, namely, that the total education of individuals today through our publicly owned institutions of higher learning, is a matter concerned with the development of the complete person. This is to say that such educational institutions are, and should be, not only concerned for the well-being of their students as to their academic pursuits, but also of their moral activities, spiritual aims, and athletic prowess as well. Because of these factors, it is clear that the regulation, therefore, of the price of tickets to such athletic contests between our two premiere institutions of higher learning of this State necessarily is a matter of enormous public interest. As such, it might be deemed a “publicly owned business affected with a public interest.”
If we were here presented with a question involving the regulation by the City of Birmingham of the sale of tickets to a musical concert or theatrical performance by privately sponsored groups, through a privately owned ticket agency, or to the sale of tickets to an athletic contest between professional teams, involved in some sports event, a different approach to this matter might be necessitated. However, such are not the facts of this case.
Indeed, we are here squarely presented with the question involving the regulation of the unlawful sale of athletic tickets between our two largest institutions, of higher learning, to the premiere athletic event in the State of Alabama. There is no other single event in this State which annually attracts crowds of seventy thousand or more. Such has been true for a number of years.
It is therefore clear that the regulation of the unlawful sale of athletic tickets between publicly supported educational institutions is necessarily “a matter affected with the public interest.” 1 Any other position, in my judgment, as a matter of law, is fundamentally unsound.
DeCARLO, J., joins in this dissent.
. “The management and control” of Auburn University is in its Board of Trustees. Article 14, Section 266, Constitution of Alabama 1901.
“The management and control” of the University of Alabama is in its Board of Trustees. Article 14, Section 264, Constitution of Alabama 1901.