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NFL Misdirection

September 26, 2014

NFL Commissioner Roger Goodell did something I really respect; and then he didn’t.

On Aug. 28, the commissioner sent a letter to the NFL’s 32 owners in which he admitted that he “didn’t get it right” when he assessed a mere two-game suspension for a player who was seen on videotape to be involved in domestic abuse. I admire his admission. (The player later would be suspended indefinitely from the league following additional evidence in the incident)

Unfortunately, the commissioner accompanied his mea culpa by describing a series of initiatives the league will undertake, one of which – once again – attempts to deflect a public relations disaster upon high schools.

When the NFL was under attack for the head trauma its players were experiencing, the league responded with a state-by-state campaign to impose youth concussion laws which, in most places, were mostly unfunded mandates that are more about symbolism than substance.

Now, again under attack for malfeasance by a workforce with more money than maturity, the league’s leadership is deflecting the blame to college, high school and youth football programs by planning educational efforts aimed at those levels.

Commissioner! Clean up your mess, but leave us alone. You are gutting public support of school sports with one televised game Thursday, three on Sunday and another on Monday, and adding Saturday games in December. Don’t have this out-of-control league lecture our level about restraint and responsibility.

Ours is the level that prohibits sack dances and end zone prances. We insist that our interscholastic players demonstrate maturity that the NFL’s players do not.

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.