Bookstore drops suit against College

The Co-op Bookstore dropped its $2 million lawsuit against the College this week after the two parties reached an amicable agreement. As a result of the understanding, the College will have an opportunity to open a new bookstore by the end of this semester.

The civil suit filed by the Co-op on Nov. 29, 1999, alleged that the College had committed fraud and breached a contract with the Co-op by conspiring with the Co-op's managing company, College and University Bookstore Partnering Concept (CUBPaC), to take over the bookstore.

The Co-op abandoned the suit against the College after the College agreed to buy the bookstore's inventory. In June of 1998, the College promised to secure CUBPaC's investment by purchasing the Co-op's inventory back from CUBPaC if their contract with the Co-op was ever terminated. After the Co-op closed in early Nov. 1999, Bookstore President Brian Cartier stated that the Co-op had no knowledge of this agreement. By contrast, College administrators stated that the Co-op had requested that they guaranty the inventory. This misunderstanding was the crux of the Co-op's complaint against the College. Vice President of Finance Andy Evans downplayed the argument between the Co-op and the College, saying, "The reason we were brought in to the suit was a preventive measure. It was a legal position to take."

The Co-op's suit did not seek monies from the College, but rather named the College in order to neutralize the proceedings between the Co-op and CUBPaC. In light of the lawsuit being dropped, it seems the Co-op and the College came to an understanding among themselves as to whether an agreement existed. "All parties agreed because we realized that it would be in everybody's best interest," said Evans.

The lawsuit previously argued that CUBPaC and the College were conspiring to take over the bookstore if it went out of business. The suit stated that, "...CUBPaC could operate the bookstore in a manner which would satisfy the needs of the College and make it serve as a profit center for the College." College administrators such as President Nancy Dye and Vice President of College Relations Alan Moran have denied that such plans existed. "We were actually surprised we were named in the suit," said Evans.

Under the terms of a release agreement, the College was able to remove itself from the litigation by taking responsibility for the Co-op's inventory. "We did what we needed to do in order to get the College released from the suit and to make good on our agreement," said Evans.

Now that the College owns the inventory, the administration is taking steps to purchase the building where the bookstore was housed. "Assuming we're successful, the College will own the inventory and the building, and then pursue a contract with a vendor of our choice to run it," said Evans. To prevent the current bookstore void status from happening again, Evans stated, "We will evaluate the new vendor on a regular basis."

The College has created a committee composed of students, faculty and administration to evaluate applicants wishing to run the new bookstore. Many in the community are concerned that the small independent nature of the Co-op will be replaced by a large and impersonal chain such as Barnes and Noble or Borders. The administration has taken pains to cast widely for potential vendors, and to include independent proprietors in the pool of applicants. The administration hopes that the new bookstore will adhere to procedures important during the Co-op's tenure. Dye expressed concern about the ability of the new bookstore to take part in the no-sweatshop-labor policy the College upholds.

Dye also recognizes that the bookstore will need to satisfy all types of students and faculty, and hopes that it will have a solid interface between books, technological resources and musical merchandise. She said, "I would like to see a bookstore with lots of good books, and music too."

"Our goal is to have a new bookstore before the end of this semester. We're excited about the opportunity of having a new outlet in town," said Evans.

"We're mainly concerned about what we'll be able to offer the Oberlin College community in terms of a vibrant and exciting bookstore - we're a community of readers," said Dye.