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.

“Tournacation”

February 9, 2018

Here is one of several gold nuggets from Tom Farrey, executive director of the Aspen Institute, in a piece commissioned by the British Broadcasting Company and published in late December.

A study by George Washington University found that what children wanted most from sport was the chance to play and to try their best, guided by a coach who respects them.

Of the 81 reasons they gave for why sports were fun, “winning” came 48th, “playing in tournaments” 63rd, and “traveling to new places to play” 73rd.

Children’s wishes, however, are not always put first, as parents compete to provide what they believe are the best opportunities.

In the U.S., for instance, there may be no better example of the state of play than the growth of the “tournacation,” a term merging “tournament” and “vacation.”

At one of the nation’s largest children’s football (soccer) tournaments, in rural New Jersey, a drone in flight is best positioned to see the scale of such an event.

Up there, you can see the 75 pristine pitches that will host more than 600 teams of children aged nine to 14, chasing shiny balls, in shiny uniforms.

The cars of thousands of parents mass at the playing fields’ edges.

A two-day event such as this is an opportunity for organizers to make serious money, in this case up to $1,250 per team.

That’s on top of travel and hotel costs of as much as $500 and the $3,000 or more many parents pay each year to their child’s club.

It is an industry built on the wallets of parents, and the chase for opportunities to play in college, perhaps with a scholarship.

What the drone can’t see is how many other children – those who aren’t early bloomers, or whose families don’t have the funds, or time, to take part – have fallen away from the game.

They are often unable to join the best teams, which have the best coaches, training environments, and access to college scouts.

Football (soccer) has declined among those left behind, with fewer children joining either local teams, or playing informal games in the park.

Since 2011, the number of six- to 17-year-olds who play football (soccer) regularly has fallen nine percent to 4.2 million, according to the Sports and Fitness Industry Association.

The number of children who touch a football (soccer ball) at least once a year, in any setting, was down 15 percent.

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