TRENTON, N.J. (Legal Newsline) - A father who said he needed proprietary Rutgers University football video so his daughter could learn to be a successful strategist of the game lost his bid to obtain the tape through a freedom of information request.
John Caroff cited New Jersey’s Open Records Act in his request for “All-22” video of a December 5, 2020, football game between Rutgers and Penn State (the Nittany Lions beat the Rutgers Scarlet Knights for the 14th straight time, 23-7). He said he wanted the film for his family including his 13-year-old daughter, who he said had the “necessary skill set for her to have considerable future career success as a football strategist." He vowed he wouldn’t put it on YouTube if Rutgers turned it over.
The All-22 video is shot from two angles and shows the entire field, so coaches and players can not only see how their own team performed but learn the other team’s tactics, strengths and weaknesses. Caroff said the film would advance his daughter’s qualifications, “should she seek future employment with
a college football staff or as part of the media covering college football."
A trial judge rejected his request, citing exemptions in the New Jersey public records law for proprietary information that would give an advantage to competitors. The Appellate Division of New Jersey Superior Court, in an Aug. 16 decision, upheld the ruling.
Rutgers, like other Division 1 schools, loads its All-22 video on a shared server so opposing teams can see it, in exchange for the right to see their All-22 videos. If the school made its video public, other schools might withhold theirs, depriving the Rutgers coaching staff of a vital competitive tool, the appeals court said.
“Credible evidence in the record supports the finding that the All-22 video is a substantial bargaining chip – or `coin of the realm’ … – Rutgers uses in its negotiations with other universities,” the appeals court concluded. “Making Rutgers's All-22 video subject to disclosure under OPRA would eliminate that bargaining chip.”