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Federal court denies Richardson's appeal

LITTLE ROCK, Ark. -- Nolan Richardson lost his appeal on his
claim that he was fired as Arkansas basketball coach because he is
black and outspoken, with the court finding Friday the school
decided to dismiss him before an outburst at a 2002 news
conference.

Richardson said after a hearing at the 8th U.S. Circuit Court of
Appeals that "they came after me" when he spoke out against
racism at the Fayetteville school.

The appeals court said that by the time of Richardson's
complaint, university administrators already wanted to fire the
only man to coach Arkansas' basketball team to a national
championship.

Richardson attorney John Walker said the coach was traveling and
not available for comment.

University lawyer Scott Varady said the school "always said
that coach Richardson was not terminated based on his race or the
exercise of any First Amendment rights."

Walker said the coach's complaint against the university had a
positive impact. He noted Friday that the university had hired
Cynthia Nance, a black woman, to serve as dean of its law school.

"I would ask whether or not that would have happened ... if Mr.
Richardson had not gone forward," Walker said. "When black people
or people in general assert their rights under the law, we profit
as a people."

Richardson was fired near the end of a 14-15 season, one of his
worst at Fayetteville. Arkansas won the national championship in
1994 and was runner-up to UCLA in 1995.

The athletic department's fundraising arm is paying Richardson
$500,000 a year through 2008 under terms of his buyout clause.

The court found that chancellor John White and athletic director
Frank Broyles decided Feb. 24, 2002, to fire Richardson after the
coach had said publicly the school could buy out his contract. The
men said they took that to mean that Richardson had lost confidence
in the program.

Richardson said their decision to fire him wasn't made until
after he spoke about slave ships and alleged racial discrimination
in a news conference the next day in Fayetteville: "See, my
great-great-grandfather came over on the ship, I didn't. And I
don't think you understand what I'm saying. My
great-great-grandfather came over on the ship. Not Nolan
Richardson.

"I did not come over on that ship, so I expect to be treated a
little bit different. Because I know for a fact that I do not play
on the same level as the other coaches around this school play on.
I know that. You know it. And people of my color know that. And
that angers me," Richardson said then.

In arguments before the 8th Circuit in St. Louis, attorneys for
the school said White and Broyles offered Richardson a chance to
resign with "dignity and grace," worried that Richardson's
comments and continued presence at the school would affect
recruiting.

"They [school administrators] ... believed these comments to
have a negative impact on fan support and other aspects of the
program. Likewise it undermined their confidence in Coach
Richardson's leadership for the future," Judge Arlen Beam wrote.

"The record amply supports a conclusion that Richardson's
statement had a detrimental impact on the effective functioning of
the public employer's enterprise -- namely, the university's total
athletic program," Beam wrote. "This public interest clearly
outweighed any First Amendment privilege Richardson allegedly may
have had in the making of the comment."