Judge Howard Manning’s order Wednesday for Butch Davis to cough up his cellphone records is a victory for public disclosure in the broader fight to bring transparency to the University’s football scandal.
The former UNC football coach’s work-related calls made from his cellphone will soon face the scrutiny of media organizations, including The Daily Tar Heel, that have sued for them and other records in the last two years.
Chancellor Holden Thorp and the rest of UNC’s administration should take note: they will soon face an even more demanding court order.
Thorp has said he will wait on the language of the order before deciding whether UNC will appeal the ruling. The order will call for, among other things, the release of information relating to impermissible benefits received by football players, uncovered in the NCAA investigation.
But he need not wait. Manning has rejected the University’s claims that federal law protects records to such a broad extent, thereby relieving it of any legal obligation.
Administrators should be rushing to release the records in the name of public accountability. To delay or to appeal is completely backwards.
Now that the law has been settled, UNC has no legal leg to stand on by continuing to keep these records close to its chest and out of the public eye.
As a public institution, UNC has a responsibility to be transparent. So far, those entrusted with its care have disappointed in this respect.
It’s time for the University to bow to the law, transparency and common sense — and release the records.
