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.
Prep Prose
January 27, 2017
Mick McCabe retired in December after almost five full decades at the Detroit Free Press.
When Mick agreed with me, he did so boldly. When he disagreed, he sometimes did so brutally.
He was at his best, and did most for school sports in Michigan, when he told the stories of coaches and athletes in the cities, suburbs and small towns all across our state. Especially when he told the stories of those who would never coach or play a game beyond the high school level. Especially when he found and focused on an unknown person in a low-profile sport who raised our spirits by reminding us of how good educational athletics can be.
Mick may have written more words about high school sports in Michigan than any person ever. And that's saying a lot when one remembers Jack Moss and Bob Gross and Bob Becker and Jane Bos and Del Newell and Cindy Fairfield and a dozen other retired sports writers in our state whose substantial bodies of work promoted prep sports.
School sports usually has been well-served by such media professionals who were allowed by their industry to take the time necessary to know the people and the policies that served school sports, and were allowed the space to develop stories that went beyond headlines, tweets and texts, with fuller facts and closer truth than is the norm today.