By By SCOTT NOVAK and ERIKA PICKLES / Niles Daily Star
NILES – After nine years of legal battles, the Communities for Equity has defeated the Michigan High School Athletic Association.
The United States Supreme Court informed the MHSAA Monday morning that it will not take up its case.
Their decision not to hear the case a second time ended the appeal process for the MHSAA.
The Supreme Court's denial of the MHSAA's appeal upholds the U.S. Sixth Circuit Court's 2002 decision, which called for the state athletic association to switch six boys and girls sports seasons.
The MHSAA must now switch girl's basketball, volleyball, tennis and golf.
Girl's volleyball will be played in the fall instead of winter, while girl's basketball will be played in the winter just like the boys do.
Girl's tennis and golf will switch seasons as well. Tennis will now be played in the spring and golf played in the fall.
Likewise, boy's tennis and golf will switch their current seasons. Boy's tennis will be played in the fall instead of spring and golf will be played in the spring.
The MHSAA has 762 high schools and 816 junior high schools, which will be affected by this decision.
The MHSAA said in a statement released Monday morning, "The MHSAA is disappointed that the Supreme Court has decided against reviewing this case. Now is the time for our schools to step up and work with the decision of the court to continue to maximize the quantity and quality of interscholastic participation opportunities for young people in our state."
With the ruling, the MHSAA member schools must now get new schedules ready for the 2007-08 seasons. Many conferences had drawn up two sets of schedules in anticipation of this decision, but that won't make them any easier to implement.
School districts must now scramble to replace some coaches as well as get new officials contracts out.
Niles' varsity volleyball coach Linda Goodrich was more than pleased with the decision.
"I'm so excited. It's a great deal for us because now we can compete with schools from across the border. It's also a big plus for us because now we won't have to share the gym with anyone or worry about when we will be able to get our practices in, especially the JV and freshman teams," Goodrich said.
One problem Goodrich saw was that a lot of her athletes also run cross country, which will be played in the same season as volleyball.
"I talked with one of my girls today and we are hoping they will let her participate in both sports. I would feel bad if they had to make a choice between the two," Goodrich added.
Buchanan varsity basketball coach Bill Weaver didn't have too much to say about the decision, other than it's time to deal with the change.
"There's not much we can do about it except look for some positives to come from it. Here at Buchanan, we were lucky to have built an auxiliary gym so that the boys and girls can have a place to practice. I'm just surprised this change happened so quick," Weaver said.
Dennis Cooper, who runs the Krush Volleyball Club in Niles, said that this would improve volleyball in Michigan.
"It will make Michigan clubs more competitive with the rest of the country as we attempt to qualify for the national championships," he said. "In the past, Krush would love players to Indiana clubs when they became high school players. I think we will keep those players now and our club will be stronger."
Cooper, who runs the regional High Performance program, added "this will make us more competitive with the rest of the country. The other regional programs have clinics, earlier tryouts and more practice sessions for their players. We now can compete with them on a level playing field."
The Communities for Equity have argued just the opposite. They claim that Michigan athletes are overlooked when it comes to post season awards and scholarship offers.
They are quick to point out that the National Letter of Intent signing dates are held before Michigan begins playing volleyball and basketball.
John "Jack" Roberts, the executive director of the state's athletic association, again told the media in a press conference Monday afternoon that the MHSAA does not decide when sports seasons are held. They simply provide a state tournament at the conclusion of those seasons. The individual members of the association (the schools) make the decision as to when sports are held.
The MHSAA has long claimed that a vast majority of its schools support the current alignment.
Roberts said he was disappointed that a minority could tell the majority what to do.
Council for the Communities for Equity had plenty to say about the decision.
"The Supreme Court's refusal to hear this case means that Michigan girls soon will receive the justice for which they have long waited," said Marcia Greenberger, Co-President of the National Women's Law Center, in a prepared statement. "MHSAA now must practice the good sportsmanship it preaches and give girls the equal opportunities they deserve."
The case began in 1998 when Communities for Equity sued the MHSAA for scheduling six girls' sports in non-traditional seasons and no boys' sports.
In 2001, the Sixth Circuit Court ruled that the MHSAA was in violation of Title IX. The MHSAA appealed, and in 2004, the circuit court in Cincinnati, Ohio, upheld federal District Judge Richard Enslen's original decision and his February 2002 rejection of the MHSAA's first appeal.
In May of 2002, the MHSAA again appealed to the Sixth Circuit Court. The court granted the state association a stay, but ordered it to comply with all district court orders.
The circuit court again upheld the ruling in July of 2004. The MHSAA then appealed for a third time and asked that all 13 judges from the Sixth Circuit Court review the decision.
Upon that denial, the MHSAA headed to the Supreme Court.
The Supreme Court took up the case and gave the MHSAA its lone victory when it vacated the lower court's ruling.
The Sixth Circuit Court was asked to revisit the case, which it did. The court reaffirmed its original decision. The MHSAA again asked for all 13 judges to hear the case, which was denied again.
That left the state with one last appeal, its sixth, to the Supreme Court, which turned down the MHSAA.
Roberts told reports Monday afternoon that the state must now move forward and continue to work to provide the best athletic opportunities for its student-athletes.
Changes to the MHSAA sports landscape
For the 2007-08 season
(Provided by the MHSAA)
Girls' basketball: Moves from fall to winter, coinciding with other states and college schedules.
Girls' volleyball: Moves from winter to fall, coinciding with other states and college schedules.
Girls' golf: Moves from spring to fall in the Lower Peninsula. Remains in spring in Upper Peninsula.
Boys' golf: Moves from fall to spring in the Lower Peninsula. Remains in spring in Upper Peninsula.
Girls' tennis: Moves from fall to spring in Lower Peninsula. Remains in fall for Upper Peninsula.
Boys' tennis: Moves from spring to fall in Lower Peninsula. Remains in spring in Upper Peninsula.