Logo

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.

Baloney

January 27, 2015

When I was in high school and college I worked a different job each summer, usually looking for hard labor that would help prepare my body for the next football season, and each time confirming that it would not be my choice for lifetime employment. One summer I worked at a lumber yard and paper mill complex along the banks of the Wisconsin River.

Every day I ate lunch with the men who had made this their life’s work; and I grew in ways both positive and negative as I listened to their conversations and tales. We all brought our own lunch pails.

One day, one of the more veteran employees opened his lunchbox and flew into a rage. “I can’t believe it,” he exclaimed. “Baloney again! I hate baloney.”

Trying to calm him down, another worker said, “If you hate baloney so much, just ask your wife to make you something else.”

To which the complainer replied, “That won’t work. I make my own lunches,” which resulted in an uproar of laughter from the rest of us.

I thought of this incident recently as I was preparing to meet with constituents about the rules they most love to hate: policies relating to coach and player contact out of season. Those are our most criticized rules.

But it occurs to me, if we don’t like the sandwich we’re eating – out-of-season coaching rules – we should remember: we made them ourselves, and we can change them. In fact, no one is in a better position to do so than we are. And no one has a greater duty to do so than we have, if we really are in need of a new recipe.