MONTGOMERY, Ala. -- A judge said Monday the Legislature appeared to have taken the wrong approach to prolong Alabama Coach Bear Bryant's career although he is reserving a judgment on the sensitive retirement issue.
Circuit Judge Randall Thomas said attorneys have a 'significant hurdle' to overcome in defending a law allowing Bryant to remain on the university payroll past the age of 70.
Bryant, who will celebrate his 69th birthday in September, became the winningest collegiate coach last year with his 315th victory. He has not set a retirement date.
The Legislature passed in 1981 a law that was clearly intended to extend Bryant's coaching career past the state's mandatory retirement at age 70.
Thomas told lawyers for the state and the university there appears to be a constitutional problem with the law, but he withheld a ruling to give them two weeks to submit briefs supporting their defense of the statute.
'It appears obvious to the court that the Legislature intended to single out one person,' the judge said. 'Exemptions in the retirement law might make good sense, but to do so for one person each time would not.'
Thomas said he was not faulting the Legislature for passing the law because 'they thought they were paying homage and special respect to a man I think deserves it.'
But the judge said the lawmakers handled poorly the law that was drafted to give Bryant special privileges. He said the lawmakers knew they had a problem with it.
The law was challenged in a civil suit filed by David Bronner, administrator of the Teachers Retirement System. Bronner contended the law for Bryant hurt the integrity of the teachers' pension program.
Attorneys John Forehand and Paul Skidmore denied claims the law violates the state Constitution because it circumvents general law that requires state employees to retire at age 70.
