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.
Friday Night Football
September 23, 2016
There continues to be among high school athletic administrators a great gnashing of teeth over encroachment of televised college football on the Friday night turf that long tradition reserves for high school football games. Little by little and year by year, college games drift to all times of the day and all days of the week, and Friday night is no longer hallowed ground for the high school game alone.
The Friday night intercollegiate fare remains mostly irrelevant games by second tier teams, but televised nonetheless because of the overabundance of production entities and networks seeking live sports events. But high school leadership is right to be on guard.
Known to very few people is a million dollar offer in the 1970s by then NCAA Executive Director Walter Byers to the National Federation of State High School Associations if it would not oppose televised college football games on Friday nights. Clifford Fagan, then executive director of the National Federation, declined the offer from his good friend; and the mutual respect these two men enjoyed brought an end to the negotiation.
Then, as now, the National Football League was prohibited by law (part of its anti-trust exception) from televising games on Friday nights and Saturdays from mid-September through mid-December where the broadcast would conflict with a live high school or college game. Under Byers, and until the NCAA lost control of intercollegiate football broadcasting as a result of a legal challenge by what was then called the College Football Association, college football leadership voluntarily gave high school football the same deference on Friday nights that the NFL did under federal law.
Today, major college football is such a ravenous revenue beast that it will schedule play at any time on any day in any location, televising every game – on college conference-controlled networks if the matchup is not attractive enough for national or even regional broadcasts. The Friday night high school football tradition can expect to be trampled as college football swarms and grunts around the feed trough like hungry hogs.