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Michigan's Most Vital Prep Sports Moment
April 30, 2018
By Ron Pesch
Special for Second Half
Did you ever hear the one about an Ypsilanti lawyer, two girls from Ann Arbor – one 18 and one 17 – and a judge from Detroit?
I didn’t think so.
Well, pull up a chair. You might never look at a tennis ball, a pair of track cleats, or a softball in the same manner after this one.
Now this story goes back a bit. We’re talking 45, um, make that 46 years ago. It was handed down to me, so now I’m handing it down to you.
The girls, Cindy and Emily, had met at a tennis club when they were 11 or 12. Both were pretty good players who had done well at tennis tournaments before heading off to Huron High School. But there was concern that the girls wouldn’t have the chance to play truly competitive tennis while in high school. You see, like most public schools of the time, Huron had only one varsity tennis team, and that was filled with boys.
Contact was made with a friend and fellow tennis player to help guide things along when it came time to talk to the school board about the girls joining that team.
The conversation between that tennis friend – Larry the Lawyer – and the school board went pretty well. The board decided to let the girls play on the boys tennis team provided they could pass the tryouts. Well, as you’ve probably surmised, the girls did all right. With the blessing of Coach Jerry, it was decided Cindy and Emily would play No. 2 doubles for the River Rats.
But as we all know, such decisions aren’t always met with cupcakes being served and happiness. People don’t always like change.
And that was pretty much the case here.
State officials didn’t much care for the idea. You see, when it came to interscholastic athletics, according to state rules established in 1967, girls couldn’t play on boys teams. Still, the Huron tennis team made the 60-mile trip up to Lansing on a Wednesday in April for a match with Lansing Harry Hill High School. Coach Jerry met with Hill’s coach, they shook hands, then Coach Jerry turned in his line-up card, to make things orderly and official.
Since there were girls names on the lineup card, not a single ball was served that day. Folks figured this was going to be the case. So the players and the bus turned around and headed back to Ann Arbor. Hill claimed a forfeited match because of that rule.
That set wheels in motion. Larry the Lawyer declared that this was a clear case of discrimination and a violation of Cindy and Emily’s right to equal protection under the 14th Amendment. With that, a lawsuit quickly was filed.
Now, they say that this was one of the first, if not the first lawsuits about such things. And you must remember this all happened back in early 1972, before the arrival of Title IX.
Turns out, Larry and the girls won their case. In Federal District Court, Judge Keith listened to what was said and issued a preliminary injunction allowing the girls to play. A little later in the week, Emily and Cindy won their first varsity doubles match hosted in Battle Creek, much to the dismay of their male opponents.
The next month, the Michigan Legislature adopted a bill allowing girls to compete on male teams, but only in non-contact sports. In late May, the doubles team of Emily and Cindy defeated a doubles team from Harry Hill, 6-3, 6-1.
Of course, as with many of these rulings, there was an appeal. And, as these things usually do, it took a while to move this along. But come January 1973, the U.S. Circuit Court down in Cincinnati agreed with Judge Keith and upheld the preliminary injunction. They, too, thought that girls should be able to participate in varsity interscholastic sports. The Circuit Court did narrow Judge Keith’s decision a bit, inserting the word “NON-CONTACT” into the ruling. Suddenly, it was officially OK for girls to play alongside the boys in sports like tennis, swimming, archery, golf, bowling, fencing, badminton, gymnastics, skiing, and track and field.
Now just because there’s a law, it doesn’t mean everyone’s abiding by it. It would take several more years and the threat or the filing of additional lawsuits against school districts and organizations to truly see things change.
Today, we don’t think twice when we take a seat at a girls softball game, track meet or tennis match. But a short time ago, such things simply did not exist for our daughters. The actions of two girls from Ann Arbor, an Ypsilanti lawyer and a judge from Detroit altered the athletic world – for the better.
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Judge Damon Keith had been appointed to the bench of the United States District Court for the Eastern District of Michigan by President Lyndon Baines Johnson, in 1967. It was some four and a half years later that the Morris-Barrett complaint landed on his docket. A graduate of Detroit Northwestern High School, he is the father of three daughters. Keith would later be appointed to the United States Court of Appeals for the Sixth Circuit Court in Cincinnati by President Jimmy Carter in 1977. In 1995, he became the Senior Judge of that court. His amazing story was later told in a documentary “Walk With Me: The Trials of Damon J. Keith.”
According to media reports, Coach Jerry Shull had been trying to get girls eligible for the previous two seasons, but felt the ultimate solution was to have high schools around the state form all-girls varsity teams. He again served as varsity tennis coach in 1973 (of a team that featured 10 females) before stepping aside in 1974.
Emily Barrett was a multi-sport athlete at Huron High School, competing with the Girls Athletic Club in swimming, field hockey and volleyball as well as tennis during this era of transition. During her senior year, the courts finalized their decision and she again played tennis for Huron. She’d move on to Denison University in Granville, Ohio, after graduation, where she played tennis and field hockey.
A year older than Barrett, Cindy Morris had graduated from Ann Arbor Huron High School by the time the case was finalized. She headed off to the University of Michigan and then transferred to Carleton College in Northfield, Minnesota, where she played No 1. singles and doubles and twice participated in the National Collegiate Women’s Tournament. She later earned her Master’s degree in journalism from Northwestern University. As Cindy Morris, a sports journalist for the Cincinnati Enquirer, she recalled the words of Judge Keith for an article she was writing in late summer of 1978.
“Indeed, no male could have matched (the) soprano cries of joy when Judge Keith said, yes, go out and run and play and win and lose and laugh and cry and feel that special pride of playing for your school that boys in Michigan have always felt but you haven’t.”
The article was about a lawsuit originating in Yellow Springs, Ohio, where a girl was fighting to be allowed to compete in contact sports against boys.
Ron Pesch has taken an active role in researching the history of MHSAA events since 1985 and began writing for MHSAA Finals programs in 1986, adding additional features and "flashbacks" in 1992. He inherited the title of MHSAA historian from the late Dick Kishpaugh following the 1993-94 school year, and resides in Muskegon. Contact him at [email protected] with ideas for historical articles.
PHOTOS: (Top) The first high school match in 1972 for Ann Arbor Huron's Emily Barrett, left, and Cindy Morris was reported on for the Battle Creek Enquirer. (Top middle) The 1972 Ann Arbor Huron varsity tennis team, including Morris and Barrett. (Middle) The Ann Arbor Huron lineup card shows Barrett and Morris' names for a match against Lansing Harry Hill that was not played. (Below) A Lansing State Journal clipping tells of Hill electing to not play the match.
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Olivier Adds to Family Success on Court
September 20, 2018
By Dennis Grall
Special for Second Half
ESCANABA — Elyse Olivier has come full circle in her love for tennis.
The Marquette High School junior has been playing since eighth grade, but as part of a huge tennis family she was not into the sport until the past couple of years.
“I was never pressured to play,” she said after sweeping a pair of 6-0 decisions recently at a match at Escanaba High School. “It was always an option.”
Her dad, Wayne, is a long-time accomplished tennis fanatic. Her brother Alec, a Marquette senior, is unbeaten in three seasons with the Redmen. She also has two younger brothers.
Tennis has become a passion for Olivier, who said she didn’t like watching it just a couple of years ago. Last year she played No. 2 singles; this year she is unbeaten at No. 1.
“I just wanted to be good enough to make the varsity,” she said of her first foray into competitive tennis. To accomplish that she attended some tennis clinics and spent extensive time practicing.
“I did a lot of hitting with my dad,” she said. “He is my main coach out of season.”
Derek Sandstrom, the Marquette girls coach, said she is becoming more comfortable playing the game.
“When she is on, it is fun to watch,” he said. “It is a matter of getting her to keep things even. Sometimes she is nonchalant, and sometimes she tries to hit shots she is capable of hitting but the situation doesn’t call for it.
“She has a real nice all-around game.”
Ground strokes are her strong point, which is why she prefers to lay back and hit from the baseline rather than charging the net in an attacking mode. “I’m not afraid to come up to the net. I try to be ready for anything,” she said.
There are times when the game can be frustrating “because you are playing by yourself. It is you, you and you.” She said the mental and physical aspects can also be frustrating.
Olivier is not expressive on the court, simply chasing after everything and returning shots with solid strokes. “I do talk to myself a little bit,” she said, indicating she does not want to draw attention for any antics or disrupt the other matches.
“It can be really hard out there by yourself,” she said, showing she will clench her fist after completing a successful volley. “I don’t like to yell. I don’t want to obstruct other people on the court,” she said.
After getting her shutout at Escanaba on a windy, sun-baked afternoon, Olivier said she just tries to focus on the ball and her shot and ignore everything else. “I try not to let the wind affect me,” she said as it blew the hair around on her head.
Her love of the game is obvious as she goes about her business, then when she’s done she merely leaves the court, grabs her cellphone and talks to family and friends while walking around the court as the other matches continue.
“I am passionate about tennis. I love to be out here. I always want to play,” she said.
She has played against her brother Alec, but said “it did not go well for me. He is a lot better than me.” She also plays with her brother Nick, a Marquette freshman netter. “I can still beat him, but I don’t know for how long,” she admitted.
Olivier is hoping to get a chance to play tennis in college, then stay involved in tennis as part of a women’s group or perhaps move into coaching.
She loves the challenge of tennis, whether in matches or just hitting balls. “I am always learning about it. I am always improving. I love that,” she said.
She also enjoys playing a variety of opponents because each one provides a new and many times different challenge and style. Meanwhile she tries to improve her footwork, mobility and shot-making skills while enjoying being a part of a team.
“I’ve met so many people through tennis,” she said, indicating No. 2 player Mollie Kilpela is her best friend and they hit a lot of balls together. “We are all so different, but we do have that one thing going to tennis. It is nice to have that.
“I’m pretty simple in my life. Basically, I like tennis. I like it that way.”
Olivier does go beyond tennis, indicating she likes to bike, draw, write about her daily life and sing. She also works at Marquette Pediatrics and thinks she may enter the dentistry field.
Denny Grall retired in 2012 after 39 years at the Escanaba Daily Press and four at the Green Bay Press-Gazette, plus 15 months for WLST radio in Escanaba; he served as the Daily Press sports editor from 1970-80 and again from 1984-2012 and currently is in a second stint as the interim in that position. Grall was inducted into the Upper Peninsula Sports Hall of Fame in 2002 and serves as its executive secretary. E-mail him at [email protected] with story ideas for the Upper Peninsula.
PHOTOS: (Top) Marquette’s Elyse Olivier prepares to return a volley; she’s playing No. 1 singles this fall. (Middle) Olivier, undefeated this season, lines up a backhand. (Photos courtesy of the Marquette athletic department).