The class-action lawsuit against Auburn University and Chartwell's/Compass USA, the company that operates on-campus dining for the University, was dismissed by Jefferson County Circuit Court Judge Robert Vance Dec. 29.
On Aug. 11, 2010, the lawsuit was filed against Auburn University and the University of Alabama, as well as the respective companies that manage dining on each campus: Aramark at UA and Sodexo at UAB.
Former students filed the lawsuit, claiming that the required fees violated state law, specifically Code of Alabama section 6-5-60 which states, "Any person, firm or corporation injured or damaged by an unlawful trust, combine or monopoly, or its effect, direct or indirect, may, in each instance of such injury or damage, recover the sum of $500 and all actual damages."
The students allege that the University's agreement with Chartwell's is also a violation of the Alabama constitution's antitrust legislation, since the money can only be spent at on-campus dining locations.
"It would be absolutely unfair if you're trying to have a little private business for the state to use its authority, power and immunity to go into competition with you, and that's what we've said they've done here," said Daniel Evans of the Evans Law Firm, P.C., in Birmingham, one of the lawyers representing the students.
Vance ruled the dining plans legal under the board of trustee's authority as a legitimate effort to improve the quality of living on campus.
"The things (Vance) did not say are important," Evans said. "He did not say we misrepresented anything that happened, he didn't say that what we said was anything other than the truth--what he said was it didn't matter."
Vance ruled the University holds sovereign immunity in this case.
According to Auburn's dining website, the meal plan is required because "a structured housing and dining program that provides convenience and variety allows students to focus on their studies and adjust to college life more easily, as well as provides social support systems."
The current dining plan, which began with the freshman class in August 2008, is a mandatory $995 per semester for on-campus residents and $300 each semester for off-campus students.
A student living on campus all four years will end up paying $7,960 total, and off-campus residents will pay $2,400 in dining plan requirements.
"Auburn has one of the lowest priced campus dining programs among all of our peers, and that was intentional," said Deedie Dowdle, executive director of communications and marketing.
The cost is not intended to cover every meal a student eats all year, according to the website, but leaves room for skipped meals, off-campus dining and weekends out of town.
Lee Armstrong, general counsel for Auburn University, said his office does not comment on pending litigation.
"While the court did grant our motion to dismiss, which we obviously think was proper, plaintiffs have indicated they intend to appeal and therefore the matter is still pending," Armstrong said.
Do you like this story? The Plainsman doesn't accept money from tuition or student fees, and we don't charge a subscription fee. But you can donate to support The Plainsman.
