By Robbie Neiswanger
Arkansas News Bureau • rneiswanger@arkansasnews.com
FAYETTEVILLE — Arkansas has issued a cease-and-desist letter to “Celebrate Arkansas,” asking the magazine to stop the publication and distribution of its December issue.
The magazine features three Arkansas basketball players — Rotnei Clarke, Courtney Fortson and Jeff Peterson — wearing clothes from local retailers. Included with each photo were captions specifying where the players’ “looks” were found.
The improper use of the players’ photos resulted in a violation of NCAA Bylaw 12.5.2.2. Arkansas said in a release Tuesday that no player, coach or school official had prior knowledge of any “non-editorial” use of the images.
The cease-and-desist letter, which was obtained by Stephens Media through a Freedom of Information request, was dated Dec. 15 and written by Arkansas associate general counsel Scott Varady. It was addressed to Mari Taylor, who is the publisher and editor of “Celebrate Arkansas” magazine.
The letter requested that “Celebrate Arkansas” immediately “desist from publishing and/or distributing the December issue. In addition, the school requested that the magazine “take all steps necessary to retrieve copies of the magazine that have been distributed to various outlets.”
It added the university was making its request “on behalf of the student-athletes in compliance with the applicable NCAA Bylaws and to protect each individual’s eligibility.”
Arkansas has reported the secondary violation and forwarded its findings to the NCAA. Issuing the letter to “Celebrate Arkansas” was part of the process of reporting the violation. According to Arkansas, players’ eligibility will not be affected, but the NCAA can review the matter further.
Taylor declined comment Wednesday, but has said the photos were an “innocent and minor mistake” and “advertising was never the intention.” She also said “the only possible minor violation is the very small captions on the photos which gives a courtesy credit of the clothes worn. There is no other possible infraction, as Celebrate Arkansas Magazine was told directly by the Arkansas athletic department.”
