When Mississippi State University adopted a points system to reward donors while assigning seats for basketball season-ticket holders this year, it likely envisioned a boost for its fundraising coffers. But what it got was a lawsuit.
Matthew Wiggins, a season-ticket holder since 1975, sued the university after his tickets were redistributed to another donor. Because Wiggins's seats were behind the bench, the coveted spot was transferred to a donor who gave more to the Bulldog Club. Wiggins claims he has a right to the tickets, which he has renewed for the past 21 years. In October, he was granted a legal injunction that prevents the university from redistributing his tickets until the case is heard by a Hinds County judge, and he continues to occupy his usual seats this season.
The MSU athletic department says that changing to the point-based system was a necessity in order to compete with other Southeastern Conference teams, nine of which have already adopted a similar system. In 2004, Mississippi State's athletic budget ranked last among SEC schools.
University officials could not comment on the ongoing lawsuit, but Michael Younger, an attorney representing the Bulldog Club, said the right to make final decisions on season tickets belongs to the university. "The University ... has complete and full authority to allocate seating to best maximize the amount of money generated for and on behalf of the athletic department," Younger said in a written statement.
Mississippi State isn't the first university to face a legal challenge over its point-based system, and it appears that the school has precedent on its side. When the University of Kansas announced it would use a similar program in 2003, two longtime season-ticket holders who were asked to donate $5,000 in order to keep their seats sued the university, claiming it was "unlawful taking of property by a state agency." The plaintiffs were among 121 season-ticket holders who did not donate to the school's Williams Fund or had fallen behind on their contributions and were asked to contribute the money or be assigned less desirable seats.
Like in Mississippi State's case, the plaintiffs suing KU also sought a court-ordered delay to the redistribution program while their lawsuit played out. However, they were denied by a Douglas County District Judge, who cited a 2001 case against Wichita State University, in which the court ruled a university controls the license of its season tickets.
To explain the system and respond to questions and complaints, Kansas administrators set up a number of open meetings, which they say were pivotal in addressing fans' grievances. "We met with as many people as we could here on campus and around the state and we listened and explained and took notes about what they had to say," says Jim Marchiony, Associate Athletics Director at KU. "We communicated as openly about the system as we could before it was put into place.
"There were some people happy about this system because they were finally being rewarded for their contributions to Kansas athletics over the years," he continues. "And there were people who were not happy because they had been sitting in prime seats for years without contributing."
In the KU program's first two months, during which double points were awarded for all money donated, Kansas set a fundraising record of $7 million. Marchiony said much of the initial resistance has now died down as the system is up and running smoothly.
"I think the misconception of a points system was that ticket holders were being forced to donate thousands of dollars to go to an event, and that is not the case," Marchiony says. "There are many people who donate $100 a year and have season tickets.
"But if you want to sit courtside, you're going to be in competition with people who give a lot to Kansas athletics," he continues. "It's the same concept as plane tickets, where you have to pay more to sit in first class."




