The Other Side of Safety

August 13, 2013

One of our newest sports – girls lacrosse – is today presenting one of the oldest conundrums in competitive athletics.

On one side of the complex issues are many moms and dads who cite the dangers their daughters confront from contact to the head and face by other players’ sticks or the ball. They want hard helmets with face masks required in girls lacrosse. Many coaches and administrators agree.

On the other side of the issues are the “purists,” including the official position of US Lacrosse, who are concerned that by increasing head and face protection the rule makers would invite the kind of hard and high contact that would fundamentally alter the nature of the game and lead to more serious injuries in girls lacrosse.

This is the classic dilemma that the leadership and playing rules bodies of sports organizations have faced many times over many years for many sports.  Justifiably.

When football added helmets, then face masks and then mouth protectors to the list of required equipment, there was a significant reduction in broken noses and chipped teeth, but techniques of blocking and tackling changed. The protected head and face became much more of a target and weapon than it had been before, and the unprotectable neck and spine became more at risk.

Some would argue that ice hockey’s experience is similar to football’s history. The discussion in the soccer community regarding hard helmets for goalkeepers and soft helmets for all other players often revolves around similar questions. Will required protective equipment change the game? And will one of the changes be that the game becomes still rougher and even more injurious, trading “moderate” injuries for more catastrophic?

While the debate continues over additional head protection requirements for girls lacrosse, and other sports, both sides seem to agree that the burden of the rule makers to be out-front in the search for ways to improve the rules is matched by the in-the-trenches responsibility of coaches to teach the game and officials to administer the contests in accordance with existing rules which already place a premium on participant safety.

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.