Making the Game Safer

October 6, 2015

I’ve recently overheard two insightful perspectives about football.

From an attorney for the National Federation of State High School Associations (I’m paraphrasing): “We need to remind people that we didn’t invent football. We are the ones making it safer.”

From a professor at Michigan State University (again I’m paraphrasing): “In the 1950s when automobile injuries disturbed the national conscience, we didn’t abolish cars; we made it safer to drive them. That’s where we are with football today – recognizing dangers and making the game safer.”

What this means to me is that there’s little need to be on the defensive or apologetic, but much need to be on the offensive and to be optimistic about football’s future.

Never has the equipment been better than it is today. Never have coaches been better educated about player safety. Never have there been more safety rules, and never have officials had more authority and encouragement to enforce those rules. This is true for all school sports, but most obviously so for school-sponsored football.

We are on offense, have been for years, making a game that was very good to me as a player even better, every year, for participants at the secondary school level today.

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.