By Roy S. Johnson | rjohnson@al.com
Almost a year of contentious, sometimes head-scratching machinations surrounding the future of the Magic City Classic has reached a tenuous crossroads.
With just over five weeks until the 82nd revival of the annual battle of in-state HBCU rivals Alabama State and Alabama A&M at Legion Field in Birmingham, an attorney representing A&M sent a cease-and-desist letter to the Alabama Sports Council (ASC), the nonprofit entity that oversees production of the event, demanding it no longer use A&M’s “well-known trademarks” and photos depicting the institution’s mascot or players in any efforts to promote or sell sponsorships to the event.
Addressed to ASC board member Larry Thornton (the letter addressed him as board chair; he was once acting chair but no longer holds the position) and obtained by AL.com, the letter states the demand “extends to all print and digital advertising materials, social media, and blog posts, tickets, passes, banners, flags, signs, merchandise, and displays of the Marks and Images at public and private events such as at press conferences, parades, tailgate parties, luncheons, pep rallies, sponsorship villages, and pre-game and halftime shows and broadcast.”
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The letter also “further demands that the ASC make available for inspection and auditing all books and records that relate to revenue generated and compensation paid” under a management agreement signed in April between ASC, the City of Birmingham, and Alabama State.
A&M has long refused to sign anything longer than a two-year agreement with ASC. (A&M and ASU have signed an agreement to receive $500,000 each from the City of Birmingham for the next four years.)
Last week, however, in response to an August 25 meeting comprising representatives from A&M, Eventive Sports (which sells sponsorships and executes operations for the ASC) and others, the institution received a new contract proposal from ASC. Under it, ASU would receive an additional $1 million in 2023 and 2025, years when it is designated as the “home” team, and $300,000 in 2024 and 2026. A&M would receive $100,000 in 2023 (the lesser amount due to the lateness of the agreement), then $1 million in 2024 and 2026 (when it’s the “home” team), and $300,000 in 2025.
The contract was sent after the Jefferson County Commission last Thursday approved a three-year extension to its one-year commitment to provide funds to ASC on behalf of the Classic. After providing $500,000 in 2023, it agreed to provide $400,000 for the subsequent three years.
The demands, sent on behalf of A&M by attorney C. Bradon Browning of the firm MaynardNexsen, were a surprising response that “absolutely” puts the Classic in jeopardy, says Perren King, VP, Amateur Sports for Eventive Sports. “It casts doubt into the event. This is an extremely informed community of partners, outside of ticket-buying consumers and fans, and they’ve said they didn’t want to be part of any type of brand confusion or any type of Classic that was unlike a Classic they’ve seen before.
“There are going to be questions,” he added, “things we are going to have to be able to answer confidently, while at this point there is still confusion.”
Public officials are clearly not happy with A&M’s late-game demands, either.
“I reached out to {A&M] President [Daniel] Wims to express my disappointment in this form of correspondence,” said Birmingham Mayor Randall Woodfin. “Timing is everything and we are five weeks before Classic. This doesn’t fit the tenor of good faith or relationships. To be clear this back and forth hurts the brand of the Classic and what we have built for more than 80 years. Alumni of both institutions want and deserve a Classic we can all be proud of.”
Alabama State Senate Minority leader Sen. Bobby Singleton calls A&M’s stance a “lose-lose” for the institution.
“I’m very disappointed at this point with Alabama A&M’s stand in this negotiation,” he said. “Everybody came into this with their eyes wide open. A&M has all authority to look out for what they may feel is in the best interest of their university, I don’t understand it. I’m just trying to get a clearer understanding of what it is that they want, and where they’re going with this.
“It will be a tragedy if we cannot play the 82nd Magic City Classic for the simple reason that someone [won’t] come to the table and just negotiate like [they] should and continue the legacy these two great universities had over the last eight y-plus years.”
Regarding the demand for the “inspection and auditing of all books and records”, King said Eventive responded to the same request last November in an email to A&M attorney Rochelle Conley, which was obtained by ALcom. It contained a Dropbox link to the Classic’s financials for the years 2017 through 2021.
Regarding the 2022 event, which was played just a week prior, King wrote: “Our team is currently collecting final invoices and expenses...as usual, this will easily carry on past month’s end.”
ASC says it has yet to receive a response from A&M regarding the November email.
Neither Browning nor Wims have yet to respond to a request for further comment.
An original four-year agreement with ASC would have allowed A&M and ASU to each receive $1.2 million annually (including the $500,000 from the city) for participating in the Classic through 2026—the largest payout in the rivalry’s history. In April, A&M signed the agreement with the City of Birmingham, but would not sign the commitment with ASC.
In 2024 and 2026, A&M’s “home” years both ASU and A&M would have received just $500,000.
In May, A&M announced it would form a task force to oversee game-day operations for its “major” games, including the Classic. It would “[reimage] how game-day operations can be more impactful and advantageous” with a “plan to secure regional and national sponsors and other promotional activities.”
Discussions with Eventive continued, however, and last week A&M received the latest proposal.
