University law student Donald Hodge filed an appeal with the Louisiana Supreme Court Thursday petitioning the court to hear his lawsuit challenging price increases on LSU football tickets.
In their Aug. 21 meeting, the Board of Supervisors voted to raise football ticket prices from $32 to $36 and installed a required “donation” of $85 to $400 per seat, per year to purchase season tickets.
Hodge has now challenged the price increase with three courts – Baton Rouge District Court, the First Circuit Court of Appeals and the Supreme Court.
Article VII, Section 2.1 of the Louisiana State Constitution states, “any new fee or civil fine or increase in an existing fee or civil fine imposed or assessed by the state of any board, department, or agency of the state shall require the enactment of a law by a two-thirds vote of the elected members of each house of the legislature.”
“The specific unresolved issue of law in this case is what the meaning of ‘any fee’ is as understood by Article VII, Section 2.1 of the Louisiana State Constitution of 1974,” Hodge wrote in the Supreme Court petition.
“I disagree with the appellate court because they found that all fees only means some fees in their view,” Hodge said.
Hodge’s case is not guaranteed to be heard by the Supreme Court. For the court to accept a case, four of the seven judges must consent.
“I think the chances of my case being heard by the Supreme Court are 50/50,” Hodge said.
Hodge is representing himself, and filing his own legal briefs, but is responsible for all court costs if he loses a decision.
“I will say this – I’m not paying for all this by myself,” Hodge said. “But I do not believe those who are backing the effort want to be identified, just yet.”
In the appellate court, Judge Robert Downing was the only of five judges who sided with Hodge.
“As the trial court concluded, the word ‘fee,’ is not ambiguous,” Downing wrote in his dissenting opinion. “The majority here just does not seem to believe the voters meant what they said, or said what they meant. LSU controls who sits where within Tiger Stadium during football games. Such a payment is made for use of a privilege under control of LSU and is, therefore, a ‘fee.'”
In siding against Hodge, the appellate court cited an opinion from the Attorney General’s Office.
“Those charges which are assessed for the provision of higher education to LSU students would be considered fees for purposes of Article VII, Section 2.1,” the Attorney General wrote. “Any charges which are for services or products which are not directly a part of the delivery of an education are not considered fees.”
This was the opinion the appellate court agreed with, said Judge John Pettigrew in the majority opinion.
“We hold that the price charged by LSU for admission to football games in Tiger Stadium does not constitute a ‘fee,'” Pettigrew wrote.
The University declined to comment on the case citing their policy of not commenting on pending litigation.
“I think because of the great significance and how it will affect really all of the executive branch in determining just what a ‘fee’ is, the Supreme Court will want to hear it,” Hodge said. “If they choose not to hear the case that is the end for the lawsuit.”
Despite the lawsuit, construction has already begun on renovations to the West Upper Deck of Tiger Stadium.