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.
Bet On It
May 22, 2018
In 1991, Michigan became the first state in the nation to pass legislation to prohibit a state-sponsored lottery from including games based on the results of sporting events. A bill introduced by Representative Keith Muxlow of Brown City passed both the Michigan House and Senate without a dissenting vote and was signed by Governor Engler Dec. 18, 1991.
The effort was assisted by the Michigan Coalition to Ban Legalized Sports Betting, a broad-based group of athletic, educational, religious and civic organizations which then turned its attention to helping pass federal legislation needed to fully protect Michigan’s professional and amateur sporting events from the influences of gambling in other states.
The federal legislation that resulted, on the books for 25 years, was ruled unconstitutional by the U.S. Supreme Court on May 14, 2018.
There are currently eight bills pending in the Michigan Legislature that would expand gambling in the state of Michigan, including several that would legalize sports betting or fantasy sports wagering and allow the Michigan Lottery to handle those bets.
It is impossible to know all the consequences – positive and negative – of expanding legalized gambling in our society generally and on sports particularly. However, we can imagine that as every decision and action of players, coaches and officials influences statistics and determines winners and losers of both contests and wagers, fans will become increasingly cynical of individual and team performances where sports betting is allowed.
And, more than ever, school-based sports will stand apart from the charade or corruption of sports on all other levels by all other sponsors. You can bet on it.