Disappointing Seasons

June 24, 2013

It is appropriate to take the longest day of the year to address one of the long tails of the longest lawsuit in MHSAA history.

In August of 2002, a US District Court gave Upper Peninsula schools three choices for remediating gender discrimination in their sports seasons. They were told to switch seasons for girls volleyball and basketball and do one of three additional things:

    1.    Place boys and girls in the same season in all sports; or
    2.    Place UP seasons at the same time as Lower Peninsula seasons in all sports; or
    3.    Switch UP boys and girls seasons in either soccer or tennis.

For a host of reasons in this state and all others, it has made good sense for many sports to schedule boys and girls in different seasons; and for very many years for many good reasons, UP schools have scheduled their seasons differently than LP schools in several sports. So options 1 and 2 were non-starters.

As for the third option: after girls volleyball and girls basketball, the sport for which UP schools least wanted to have switched seasons was tennis. So soccer was the UP sport selected for the court-approved switched seasons for boys and girls.

In July of 2007, the Federal Court denied a Motion by Intervenors to extract UP soccer from its earlier Order so that UP soccer would not be forced to switch seasons for boys and girls. At the same time in a separate Order, the Federal Court denied a Motion to extract LP tennis from the earlier Order.

The LP tennis community was and is as unhappy with the Federal Court Order as the UP soccer community. In fact, LP tennis has had the greatest participation loss of all sports since the seasons changes, including an almost 23 percent decline in boys tennis participation. Almost one-quarter fewer boys are playing high school tennis today than before the seasons switched in the LP!

In any event, the Federal Court determined in 2007 that the switching of boys and girls seasons in LP tennis and UP soccer was legal (after all, the Court itself had offered the changes as acceptable options in 2002); and the Court said that the MHSAA had gone to extremes to explain all the options to schools and listen to their opinions.

Demonstrating their characteristic independence, UP schools have not switched their boys and girls soccer seasons; and some now want the MHSAA to make an exception so they can play in the MHSAA’s fall boys tournament and spring girls tournament. But unlike those schools, which are not specifically addressed in the Federal Court Order, the MHSAA is subject to that Order and cannot make exceptions or grant waivers without violating the Court’s Order.

Based on the rationale of the 2007 Court Order, there is only a slim chance the Federal Court would ever modify its Order. The best chance will occur when there is a Motion filed jointly by the original parties to the lawsuit. It must address both genders, not just girls. It must be a permanent solution, not a temporary exception. It must require no other sport season be changed, for that would just upset another sport community and derail this effort.

Friday Night Football

September 23, 2016

There continues to be among high school athletic administrators a great gnashing of teeth over encroachment of televised college football on the Friday night turf that long tradition reserves for high school football games. Little by little and year by year, college games drift to all times of the day and all days of the week, and Friday night is no longer hallowed ground for the high school game alone.

The Friday night intercollegiate fare remains mostly irrelevant games by second tier teams, but televised nonetheless because of the overabundance of production entities and networks seeking live sports events. But high school leadership is right to be on guard.

Known to very few people is a million dollar offer in the 1970s by then NCAA Executive Director Walter Byers to the National Federation of State High School Associations if it would not oppose televised college football games on Friday nights. Clifford Fagan, then executive director of the National Federation, declined the offer from his good friend; and the mutual respect these two men enjoyed brought an end to the negotiation.

Then, as now, the National Football League was prohibited by law (part of its anti-trust exception) from televising games on Friday nights and Saturdays from mid-September through mid-December where the broadcast would conflict with a live high school or college game. Under Byers, and until the NCAA lost control of intercollegiate football broadcasting as a result of a legal challenge by what was then called the College Football Association, college football leadership voluntarily gave high school football the same deference on Friday nights that the NFL did under federal law.

Today, major college football is such a ravenous revenue beast that it will schedule play at any time on any day in any location, televising every game – on college conference-controlled networks if the matchup is not attractive enough for national or even regional broadcasts. The Friday night high school football tradition can expect to be trampled as college football swarms and grunts around the feed trough like hungry hogs.