Berry College Settles Disputes Over Tennessee Billboards

Monday, October 28, 2013

Berry College has settled its legal dispute with the Tennessee Higher Education Commission (THEC) over its right to advertise in that state. The dispute was over billboards in the Nashville area that showed two Berry students on the campus with the college’s name and the phrase “26,000 Acres of Opportunity.” 

 

THEC had sought to make Berry pay large fees not charged to Tennessee private colleges in order to advertise in Tennessee.

THEC officials had asserted that placing the billboards in Tennessee constituted conducting educational activity in that state. Berry has no campuses in Tennessee and does not offer distance or online education.

 

The settlement provides a waiver of the THEC rules for advertising and solicitation because Berry meets the same standards required of Tennessee colleges.

 

“We are very pleased that the settlement agreement provides exactly the resolution we were looking for, and grateful to the Tennessee Attorney General’s office for working with us in good faith to address our concerns about the Tennessee law and its application,” said Berry President Steve Briggs.   “It is important that high school students and their families have open access to the information they need to make informed college decisions, and that colleges compete on a level playing field in the market.”

 

After being threatened with fines, Berry sued THEC in May, alleging discriminatory treatment that violated the college’s constitutional rights under the Commerce Clause and its rights of commercial free speech. U.S. District Court Judge Harold Murphy of the Northern District of Georgia dismissed Berry’s lawsuit on jurisdictional grounds in June, agreeing with Tennessee that the suit should instead be in federal court in Tennessee.  Before Berry refiled its suit, the parties entered settlement discussions.

 

More than 200 of Berry’s 2,100 undergraduate students come from Tennessee.

 

“Berry has welcomed students from Tennessee for many decades; Tennessee families are attracted to Berry because of our strong academic program, our amazing campus, our affordability, and our student work experience program, which is the nation’s largest,” Mr. Briggs said.

 



Brian Peterson Receives Excellence In Scholarship Award At Lee

Dr. Brian Peterson, associate professor of Old Testament, has been named the recipient of Lee University’s 2018 Excellence in Scholarship Award. The winner of this award is chosen each year by the Faculty Scholarship and Research Committee. Lee President Dr. Paul Conn officially recognized Peterson for this award during spring commencement. Dr. Peterson joined the Lee ... (click for more)

Sewell Finds Her Home At Alma Mater CSCC

Growing up, Cleveland State Service-Learning Program Assistant Brooklyn Sewell never thought college was for her. Fast forward a few years and not only has she completed her associate degree, but she will graduate with her bachelor’s in December and is already making plans to complete her master’s degree, and even considering a doctorate. Ms. Sewell originally decided to pursue ... (click for more)

Pedestrian Struck And Killed On Hixson Pike Saturday Night

A pedestrian was struck and killed on Saturday night on Hixson Pike. Chattanooga Police Department responded at 10:05 p.m. to a pedestrian struck at 5400 Hixson Pike.   A Ford F150 driven by Francis Lamonica, 66, was traveling north in the fast lane. The pedestrian was attempting to cross the roadway and was struck by the vehicle.   Mr. Lamonica was ... (click for more)

Aaron Biddle, 21, Shot And Killed On Basswood Drive Saturday Afternoon; Jadarius Knox, 23, Arrested For Criminal Homicide

Aaron Biddle, 21, was shot and killed on Saturday afternoon. Jadarius Knox, 23, has been arrested, and charged with criminal homicide. The Chattanooga Police Department responded around 3:45 p.m. to the 7800 block of Basswood Drive on reports of a person who had been shot.  Upon arrival, police were able to locate the victim who had succumbed to his injuries. Knox ... (click for more)

Erlanger Is Earning Its Money

First of all, I don’t know what I’m talking about. However, I do have an opinion on the facility based on my past and recent visits thereto. Secondly, if you find yourself at Erlanger for anything other than welcoming a brand new baby or something else that’s happily miraculous, you’ve either done something stupid (me); somebody else did and you’re paying the price, or, God gave ... (click for more)

Roy Exum: School Board Suckered

Just eight short days ago, Hamilton County Commissioner Tim Boyd called a study on Hamilton’s County’s pseudo ‘socioeconomic desegregation’ farce as “the most far left, liberal document I have ever read. It does not represent the values of Hamilton County and I am insulted and disrespected by it." Then the School Board got so embarrassingly suckered  on Thursday  night ... (click for more)