INDIANAPOLIS (AP) — An Indiana appellate court is set to take up ESPN’s challenge of a lower court ruling that found the University of Notre Dame police department is not subject to the state’s open records law.

ESPN is expected to argue Wednesday that police departments with the power of arrest, including Notre Dame’s, should be subject to public scrutiny.

St. Joseph Superior Court Judge Steven Hostetler ruled last year that the Legislature doesn’t require private colleges and universities to comply with state’s open records law. But he agreed that there are “persuasive reasons” why lawmakers should change the law.

Indiana Attorney General Greg Zoeller has submitted a friend of the court brief saying he believes Notre Dame’s police department should be subject to the state’s open records law.