I don’t think Welge is any better either
Class action lawsuit now filed
- Thread starter sporthog9er
- Start date
JB is just the easiest target. Not a likeable guy, trying to make people see what's good for them versus what they want. I'm NOT a big JB fan, but it's really a no-win situation for him.
Not abiding by his own rules has been a big issue with people that at one time didn’t have an issue with him
I have no legal background but looking at the first two points of the TRO I think the IHSA could argue against most aside from football. The first point about athletes not being able to compete in multiple sports having them overlap is no different then now. A kid can’t play lacrosse and baseball, soccer and golf, wrestling and basketball, etc.. Obviously the sports they will have to choose between will be different this year but kids still have made tough choices in the past.
The second point about the timing of the sports is really tough because not all states play the sports in the same season. Tennis, soccer, golf, volleyball and others vary from state to state. Some are in the fall, others in the winter or spring. I don’t think Iowa starts baseball or softball until June.
Hopefully they get what they are seeking but those points seem like less than a slam dunk.
The second point about the timing of the sports is really tough because not all states play the sports in the same season. Tennis, soccer, golf, volleyball and others vary from state to state. Some are in the fall, others in the winter or spring. I don’t think Iowa starts baseball or softball until June.
Hopefully they get what they are seeking but those points seem like less than a slam dunk.
There is a very fine line with one person telling everyone what is good for them. It's not his responsibility and sometimes power can go to people head. This is an individual effort and should be treated as such. Everyone is open to advice and/or opinions. No one is interested in someone dictating what is best for everyone. Especially there are facts that say differently.
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“The IHSA has and continues to believe that we can safely conduct high school sports in Illinois, including sports deemed medium- and high-risk by the Illinois Department of Public Health, throughout the 2020-21 school year,” Anderson said. “We have provided our member schools with a contingency plan that allows for participation by all sports in modified seasons, while continuing to lobby IDPH and state leadership for expanded participation opportunities. We will refrain from further comment until we have the opportunity to review the lawsuit with our legal counsel.” The above is a statement from the IHSA spokesman! Seems like they want to play but can't due to the Governor as well as the IDPH telling them no. ThoughtS?
A safe statement that is probably holding back what they really want to say. But again, it's on IHSA not JB or IDPH. All they did was provide guidance. IHSA today could come out and say we are changing it up and re-instating sports/different calendars. JB and IDPH currently have no legal authority to actually stop IHSA from doing so (that is how other state associations went against their governors, and they couldn't do anything). Unless they are just afraid of public backlash or threats of JB, I'm not sure what they are doing now. Trost seems to think something is moving along though
based on his track record, i won't hold my breath or click on the tweet.
You know, I heard the same thing about that Sir Yacht guy.
Gene, the IHSA punted the ball to the state authorities back in mid-July. The state authorities have said what they said and we are where we are now as a result.
It's now two months later, and the IHSA wants their ball back, or at least they are making it look like they want it back. It doesn't matter because the governor is playing ball control. The IHSA either has to force a turnover or play the game until either the state scores or punts the ball back to them.
IF this court action goes against the IHSA and the IHSA forces the state's hand and defies what the state has said, does the IHSA look bad because it took legal action to force them to act or does the IHSA look like heroes because they complied with a court order to go against what the state authorities want them to do?
Either way, ALL of this could have been avoided if the IHSA hadn't punted that ball away two months ago.
Folks,
I hate to be the downer here. However, as some of you know, i am a lawyer. I read the briefs and TRO request with a partner in our office who specializing in this.
Reality is that there are aren't close to enough grounds for a restraining order. To simplify things a bit, you need to show actual damages, not potential ones. Only way this can happen is if you had a college coach testify that he would have offered Joe Blow a scholarship but now wont because he cant play in the fall.
Hopefully, though, this lawsuit will elevate the issue and create more public pressure on the IHSA.
I hate to be the downer here. However, as some of you know, i am a lawyer. I read the briefs and TRO request with a partner in our office who specializing in this.
Reality is that there are aren't close to enough grounds for a restraining order. To simplify things a bit, you need to show actual damages, not potential ones. Only way this can happen is if you had a college coach testify that he would have offered Joe Blow a scholarship but now wont because he cant play in the fall.
Hopefully, though, this lawsuit will elevate the issue and create more public pressure on the IHSA.
In your legal opinion- anything of note regarding the by-law part of the lawsuit where they try to point out the IHSA did not follow it's constitutional by laws to make the changes?
Folks,
I hate to be the downer here. However, as some of you know, i am a lawyer. I read the briefs and TRO request with a partner in our office who specializing in this.
Reality is that there are aren't close to enough grounds for a restraining order. To simplify things a bit, you need to show actual damages, not potential ones. Only way this can happen is if you had a college coach testify that he would have offered Joe Blow a scholarship but now wont because he cant play in the fall.
Hopefully, though, this lawsuit will elevate the issue and create more public pressure on the IHSA.
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What if you can produce a kid and coach?
I hate to be the downer here. However, as some of you know, i am a lawyer. I read the briefs and TRO request with a partner in our office who specializing in this.
Reality is that there are aren't close to enough grounds for a restraining order. To simplify things a bit, you need to show actual damages, not potential ones. Only way this can happen is if you had a college coach testify that he would have offered Joe Blow a scholarship but now wont because he cant play in the fall.
Hopefully, though, this lawsuit will elevate the issue and create more public pressure on the IHSA.
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What if you can produce a kid and coach?
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I agree with KingMJ re the speculation regarding damages.
What I really am stuck on is whether the student/plaintiffs have standing to bring the lawsuit as third party beneficiaries to enforce the bylaws of the IHSA? It's likely true that they are 3rd party beneficiaries to bring an action against the IHSA for some issues. In other words why isn't a member high school raising the issue of the bylaws? A member high school would seem to be the proper party to bring a lawsuit against the IHSA regarding the violation of the bylaws of the IHSA.
I guess we will find out.
I agree with everything you posted. To have any type of season, we would need decision by next week that would have us with an opening day of possibly 10/30. The interesting weekend would be Thanksgiving when a lot of people travel to go see family or vacation. If there were seven games, that would take us to roughly mid December. If that is the case, what does that do to basketball and wrestling- not 100% of their schedules normally.
Not many people are traveling or going on vacation theses days, as well as, they are in court to get it started this week. Pretty sure everyone knows that the timing is an issue, now.
There will be people who will go see family out of town. May not be a lot but there will be some.
In the past, the state championships were the weekend of Thanksgiving. I haven't witnessed any issues with participation. As a male athlete when I was in school, you either played for the state championship in football or played basketball at whatever Thanksgiving tournament the school attended. Participation because of the holiday was never an issue.
Well those people would have to make a decision, not to mention winter sports have tournaments over Thanksgiving every single year and it isn't an issue. It's pretty clear to all athletes you may have to miss some holidays, weddings or graduations to fulfill your committment.
Good football programs don't make plans around Thanksgiving..
Things are very different today than they were when I played in the 80's. I have seen a lot of baffling things as a coach over the years when parents just up and leave with a kid. With the cancellation of fall sports, I have talked to several parents from surrounding schools who I know are contemplating making travel plans that weekend.
What if you can produce a kid and coach?
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Can't a college coach not talk about a particular recruit until he or she is signed though? So wouldn't that be an NCAA violation?
Not this year with the cancellations. In a normal year, I would completely agree with you- this is not a normal year.
Can't a college coach not talk about a particular recruit until he or she is signed though? So wouldn't that be an NCAA violation?
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I really don't know, maybe you can subpoena them to appear in court.
Exactly, they would have to make a decision and being a parent of two HS athletes, the decision would be to play out your commitment.
I would agree with you as a coach and dad who has had two high school athletes (graduated now). Unfortunately not all parents think that way. Like I said earlier, I have seen a lot of baffling things over the years.
I'm sure you have, that being said, I don't think it would be as big an issue as you do. I also know parents of athletes.
I don’t know what people’s understanding of this TRO was but if granted it would have done squat. So, IHSA loses right to have amended schedule. They revert to regular schedule. Even if schools played against Pritzkers mandate (which they would not have done) you’d maybe play week 9 of the season then have a 32 team bracket playoff? How would you determine who made it? You’d have more than 32 1-0 teams per class. This would have done nothing for football. Except maybe cost you any hope at a spring season, which I wouldn’t hold my breath on but you’d have a chance at something. If the IHSA was defeated on basis of the irregular schedule they weren’t going to create a new irregular schedule playing into December for you. People thought this was some saving action for football and it never was.
I didn't anticipate football getting going, but this should stop the football crowd from any more action. It's time winter sports start making sure their season happens, cause those I've tried to convince its in jeopardy, don't seem to believe it.
No way they wrestle or play indoor basketball in winter. I’d go further and say no way spring football happens. Best shot is low contact spring/summer sports like baseball happen.
We are 90 days away from 1/1/21. If we get an uptick in November or December then football has little to no chance. With the current negative attitude about masks and spacing ,all spring sports are in jeopardy.
I’m so done with travel baseball coaches and their rules. Can’t wait until daddy-ball is over. These coaches are insane.
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