OREM — The latest shot in the war being waged between an independent bookstore and Utah Valley State College was fired Monday.
David Monk and Mike Winward, who opened Beat the Bookstore last year, filed a motion in 4th District Court to obtain a temporary restraining order that would compel UVSC to provide a complete list of textbooks that will be used fall semester.
The restraining order came in response to a letter sent to Beat The Bookstore Friday by Assistant Attorney General David C. Jones.
In the letter, Jones said none of the state's public institutions of higher education will give the store a list of textbooks sold by on-campus bookstores or the corresponding numbers on the back of the books.
Jones said the school considers a compilation of the numbers listed above the bar code on the back of books "a protected record and exempt from disclosure." The numbers ensure the right books are being ordered from publishing companies.
Jeff Hunt, the attorney for Beat the Bookstore, disagrees with Jones' interpretation of the state's public-record laws. The text listings, including the ID numbers, are public record and should be released to any member of the public who asks for the information, said Hunt, who also has served as legal counsel for media organizations.
"These are publicly available numbers. If you went to the library, you would see them right on the book," Hunt said. "We are not interfering with their procurement proceedings. We just think their exceptions are far-fetched."
In the court filing, the independent bookstore, which also plans to open a shop in Ogden to compete with Weber State University's on-campus store, asks UVSC to provide "in hard-copy or electronic form, the most current book list," which would include the ID numbers.
On Friday, UVSC gave Beat the Bookstore a pile of book orders that the store says covered only 50 percent of the classes offered and didn't include a complete listing of the identification numbers.
Winward said the store stands to lose a significant amount of money if it can't get the detailed lists in time for the fall semester.
In the motion for the temporary restraining order, Hunt also stated that the loss in revenues, profits and good will cannot be remedied by monetary damages.
UVSC spokesman Derek Hall declined to comment. He said school officials cannot comment on pending litigation.
UVSC has provided complete textbook lists to Beat The Bookstore for three semesters.
E-mail: thollingshead@desnews.com