Diversionary Tactics Backfire
September 24, 2013
Placing a stone in your left shoe will take your mind off a blister on your right foot; but it does not solve the problem.
Faced with domestic starvation and civil unrest, many dictators have created external enemies in hopes of distracting their countrymen and women and rallying their support. Think of North Korea as just one of dozens of examples, recent to ancient. It has even ocurred in the US, recently and throughout our nation’s history: strawmen vilified to distract us from other more pressing problems.
Closer to home, it is something like this strategy that may be at work in many school districts as they restructure and rename schools, or resort to closings and charters. And something like this is behind the state and federal emphases on standardized testing and schools of choice.
And really close to home, it was something like this at work in football. Faced with thousands of former players with alleged concussion-related illnesses filing suit against the National Football League, and bad publicity mounting, the NFL focused instead on youth football. We told them this strategy would backfire; but a professional league with more money than many nations was not inclined to listen to little guys like us.
The NFL went state by state to advance concussion legislation which was long on symbolism and low on substance, and totally lacking any enforcement capabilities. In state after state, the NFL paraded young people with sad stories in front of state legislators looking for good headlines.
So today, 49 states have new “concussion” laws; and participation rates in youth football are plummeting. Big surprise. But ironically, it’s plummeting at a time when school-sponsored football is the safest it has been since it was introduced to schools 100 years ago. The equipment is the best ever, the rules the most protective ever, the coaches and officials the best trained and most safety conscious ever.
Take a look at this quick video that tells the true story about school-sponsored football.
Controlling Authority
September 22, 2017
On occasion, someone who does not like a rule of sports applied to his or her child’s situation will suggest that the Michigan High School Athletic Association has misunderstood or misapplied the rule ... and then proceeds to tell us (or a court of law) what the rule really says or means.
At such times, we are tempted to quote from the Honorable Frank H. Easterbrook’s Foreword to Reading Law by Antonin Scalia and Bryan A. Garner. Judge Easterbrook, who retired in 2013 from the United States Court of Appeals for the Seventh Circuit, wrote: “The text’s author, not the interpreter, gets to choose how language will be understood and applied.”
The true and intended meaning and application of MHSAA rules and regulations are determined at the time they are adopted by their authors – MHSAA Representative Council and staff – not at the time they are challenged by those who find the meaning and application inconvenient.
For this reason, courts customarily, and correctly, do not intervene ... do not substitute their judgment for that of the authors and administrators of the rules.
The controlling case in Michigan, by the Michigan Court of Appeals in 1986, held that courts are not the proper forum for making or reviewing decisions concerning the eligibility of students in interscholastic athletics.