Impaired Judgment
September 5, 2017
Twenty-five years ago, we were helping to address the problem of steroids in sports, as well as other performance or appearance enhancing substances. We segued to concern for creatine use and then to caffeine over-use. Today the emerging epidemic is opioids.
As we moved over the years from one drug-related concern to another, we were reminded, and did some reminding, that none of these concerns posed as great a health threat to students as either tobacco or alcohol.
Laws and public opinion have reduced tobacco use across much of daily life in America. It’s universally accepted that both smoking and smokeless tobacco are unhealthy, and smoking is explicitly prohibited in most public and private places where people gather. Smoking is no longer cool; smokers are sent out into the cold.
However, the same cannot be said about alcohol consumption. Public drinking has been accepted in an increasing number of unlikely places, including college sports venues. Never mind that alcohol is a frequent factor in college academic failures, campus damage and even student deaths; alcohol sales are showing up at college stadiums nationwide.
Booze and college football have been closely linked for years – the staple of the tailgating culture. But, college sports’ addiction to more and more money is now bringing booze inside some of the stadiums. About 50 universities are selling beer at games this season.
Some college administrators say their motivation is not money but an effort to match the spectator experience found at professional sporting events. But isn’t that really about money too?
I stopped taking my family to Major League Baseball games after my young son was bathed in a spectator’s beer; and I left a National Football League game early – never to return to another NFL game – after being exposed to too much “spectator experience” over-energized by alcohol.
I prefer the high school setting.
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.