A Different League

December 30, 2016

Less than two years after The Palace of Auburn Hills completed $40 million of improvements to an already magnificent facility, there is serious talk of bulldozing The Palace to the ground after the NBA's Pistons bolt for downtown Detroit, 

I once bought an IBM 360 mainframe computer for the Michigan High School Athletic Association office that was out of date within 12 months; and I felt terrible about it. But it was a modest amount and we did it with our own money. What is happening in Auburn Hills is, quite literally, in an entirely different league.

These developments may affect the MHSAA which has conducted one of its largest and most prestigious events – the Individual Wrestling Finals – at The Palace since 2002, and has a contract for this event through 2019. The tournament involves about 1,000 student-athletes each March. 

I confess that it is difficult for an organization grounded in never-changing values to react well to the ever- and fast-changing landscape created by professional sports and major college football and basketball in their insatiable pursuits of revenue. We must, of course, and very carefully; but it's maddening.

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.