State football has played a major role not only as a focus of campus life, but as a
generator of revenue for a proud university, a leading tourist attraction, and a creator
of jobs in the Commonwealth.
This suit arises out of the NCAA and its member institutions'
arbitrary and capricious application of their enforcement power for the purpose of
crippling Penn State football, thereby harming citizens of the Commonwealth whobenefit from a successful football program at Penn State, among them citizens who
earn income by working in the stadium on game days; the shop owners whose small
businesses generate significant revenue from the sale of Penn State memorabilia; the
students who help pay tuition by waiting tables filled with alumni and fans who
patronize restaurants and bars before and after games; the hotel owners and
employees whose jobs depend on the continued influx of tourists to central
Pennsylvania; and the Penn State swimmers and other athletes whose programs are
largely funded by football revenue.
The NCAA is accomplishing this goal by exploiting, to bunrish its
own often deirded public reputation, a tragic and notorious child sexual abuse scandal
that became one of the most closely followed news stoires in the nation between
November 2011 and July 2012. Instead of allowing the justice system to resolve this
seires of events, the NCAA used Penn State's tarnished public image as an
opportunity to force the university to endure harsh, unjustified, and unprecedented
Case 3:02-at-06000 Document 1 Filed 01/02/13 Page 2 of 43