Seriously.......

[ramblinman]

Can anyone, outside of school administrators, legally challenge the IHSA?

Anyone can legally challenge the IHSA. To move the challenge beyond the frivolous variety, you need to have legal ground to stand on.

What is the basis of the challenge? That they can't do what they just did or that you don't like what they just did? Not good enough. They are a private membership association that can pretty much do whatever they want.

That they made the change without due process? Again, they are an association of member schools that put the change to a vote of their membership, and their membership approved it.

I'm no lawyer, but I can't think of any legal recourse here that would have even a slim chance of prevailing.

 

[PC Dad_MC Grad]

Anyone can legally challenge the IHSA. To move the challenge beyond the frivolous variety, you need to have legal ground to stand on.

What is the basis of the challenge? That they can't do what they just did or that you don't like what they just did? Not good enough. They are a private membership association that can pretty much do whatever they want.

That they made the change without due process? Again, they are an association of member schools that put the change to a vote of their membership, and their membership approved it.

I'm no lawyer, but I can't think of any legal recourse here that would have even a slim chance of prevailing.

Thanks, that’s all I was looking for. Was just looking for thoughts on what legal implications exists other than frustrated people

 

[Bowie50]

Anyone can legally challenge the IHSA. To move the challenge beyond the frivolous variety, you need to have legal ground to stand on.

What is the basis of the challenge? That they can't do what they just did or that you don't like what they just did? Not good enough. They are a private membership association that can pretty much do whatever they want.

That they made the change without due process? Again, they are an association of member schools that put the change to a vote of their membership, and their membership approved it.

I'm no lawyer, but I can't think of any legal recourse here that would have even a slim chance of prevailing.

I concur with most of your astute legal analysis. However, I do not agree that "anyone" can legally challenge the IHSA. An individual, or entity must firrst have legal standing. I do not have a child in high school in Illinois, nor am I a member of the IHSA. Therefore, I would argue that I do not have legal standing to "legally challenge" the IHSA.

 

[go dogz]

so, don't you think the coach new they were going to be a little down this year.
or that Richards was going to be better this year, after having young team last year.
or you think the rita coaching staff/ad had a plan to get 3-6 for the season???
do not know who nor do I care who you back. however, if you think any school in Illinois has played 9tough games you are insane.

and as far as districts, for some schools it will be better competition all the way around.
some conferences were very tough but always had a path to 5wins. and do we know what the district boundaries are yet??

 

[tomloner]

If all the schools are treated equally I see no basis for an injunction to stop it or a lawsuit to over turn it. If the IHSA treats teams differently then there would be a basis. Example would be having a team travel farther then other teams to balance a Division or to put members of the same conference in the same division while teams closer to each other get put into a weaker Division. I can see the CPL teams opting out of this.

I still don’t like weeks 1&2 not counting for the playoffs. It’s the dumbest idea yet.

 

[PanthersWildcats86]

I concur with most of your astute legal analysis. However, I do not agree that "anyone" can legally challenge the IHSA. An individual, or entity must firrst have legal standing. I do not have a child in high school in Illinois, nor am I a member of the IHSA. Therefore, I would argue that I do not have legal standing to "legally challenge" the IHSA.

Anyone can go to the courthouse, file some papers titled something along the lines of "Complaint for Injunction", pay a fee and "sue" the IHSA. That's day one of law school - anyone can file a lawsuit.

You then likely get a response from the IHSA, with the caption: "Motion to Dismiss Complaint", which in this case will likely be about three pages long. In those three pages, the IHSA will set forth that it is a voluntary association of school districts, that the membership voted on this proposal, and it passed, and that the person who filed the lawsuit has no standing to contest the decision of the membership. The concept of standing will take a month or more of your first semester of Civil Procedure, and after that month you still will not have the foggiest idea what standing really means. In this case, however, basically the failure of the Petitioner/Complainant to be a member of the IHSA will likely be the focal point of the argument.

The relief sought in the motion will be the dismissal of the lawsuit for lack of standing, court costs, and attorney's fees for the filing of a frivolous lawsuit. I would expect that the Motion will be granted, and the Plaintiff/Complainant will be ordered to pay the IHSA's attorneys fees.

A more likely approach to this would be for a group of startled schools to propose a new question to the membership asking for the elimination of the district concept. Other schools might propose some different computation of the districts or classes. Such questions could then be put to vote of the membership again...

 

[Bowie50]

Anyone can go to the courthouse, file some papers titled something along the lines of "Complaint for Injunction", pay a fee and "sue" the IHSA. That's day one of law school - anyone can file a lawsuit.

You then likely get a response from the IHSA, with the caption: "Motion to Dismiss Complaint", which in this case will likely be about three pages long. In those three pages, the IHSA will set forth that it is a voluntary association of school districts, that the membership voted on this proposal, and it passed, and that the person who filed the lawsuit has no standing to contest the decision of the membership. The concept of standing will take a month or more of your first semester of Civil Procedure, and after that month you still will not have the foggiest idea what standing really means. In this case, however, basically the failure of the Petitioner/Complainant to be a member of the IHSA will likely be the focal point of the argument.

The relief sought in the motion will be the dismissal of the lawsuit for lack of standing, court costs, and attorney's fees for the filing of a frivolous lawsuit. I would expect that the Motion will be granted, and the Plaintiff/Complainant will be ordered to pay the IHSA's attorneys fees.

A more likely approach to this would be for a group of startled schools to propose a new question to the membership asking for the elimination of the district concept. Other schools might propose some different computation of the districts or classes. Such questions could then be put to vote of the membership again...

If the complaint gets dismissed (2-615/2-619) then it's not much of a challenge...is it? Take it easy guy...I've been practicing law for some time now. I have no issue with being challenged, but perhaps you should reevaluate your condescending approach. "Day one of law school" - give me a break. Although, it is interesting that you agree with me that the IHSA would move to dismiss based on lack of standing, so I guess my understanding of the the concept of legal standing is not too foggy. Or are you just one of those people that needs to act like the smartest guy in the room?