Bodker v. Louisiana State High School Athletic Ass'n

472 So. 2d 941, 26 Educ. L. Rep. 887, 1985 La. App. LEXIS 9303
CourtLouisiana Court of Appeal
DecidedJune 25, 1985
DocketNo. CA 85 0578
StatusPublished
Cited by1 cases

This text of 472 So. 2d 941 (Bodker v. Louisiana State High School Athletic Ass'n) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bodker v. Louisiana State High School Athletic Ass'n, 472 So. 2d 941, 26 Educ. L. Rep. 887, 1985 La. App. LEXIS 9303 (La. Ct. App. 1985).

Opinion

GROVER L. COVINGTON, Chief Judge.

Plaintiff-appellant, A.J. Bodker, Jr., is seeking injunctive relief prohibiting the defendant, the Louisiana High School Athletic Association, from implementing a plan which reclassifies its member public and private high schools across the state for purposes of football competition. A motion for a directed verdict in favor of the defendant, dismissing plaintiffs claims and denying injunctive relief, was granted by the trial court, whereupon plaintiff perfected this suspensive appeal. Defendant answered the appeal, asking for damages for a frivolous appeal, and also filed a motion to dismiss the appeal. For the reasons hereafter stated, we reverse and remand for consideration in accordance with the views expressed.

FACTUAL SUMMARY

The basic facts in the instant case are not in dispute. Plaintiff-appellant is the principal of Ponchatoula High School, and in that capacity, represents his school in the Louisiana High School Athletic Association [“the Association”]. In October of 1984, he was notified, as were all other member principals, that the Reclassification Committee of the Association proposed to change the current classification system of member schools regarding sports competition, based upon the student enrollment of each school. Since appellant objected to the proposed change, he made known his opposition to the Association on several different occasions and in a number of different ways: by a form prepared and circulated by the Association in order to obtain its members’ views; by memorandum addressed to the commissioner of the Association; by appearances before the Reclassification Committee and Executive Committee (the latter with legal counsel); and by requesting that two alternative motions be placed on the agenda of the annual general meeting of the Association, which was held in January, 1985.

Plaintiff-appellant’s motions were not placed on the agenda for the January meeting, nor did the committees with which he had contact take the requested formal action upon his opposition to the plan, other than to note same. Rather, the position taken by the Association, through its committees, was that the plan proposed by the Reclassification Committee was final, and no vote of the general assembly of the Association was required. This suit for injunctive relief resulted. The thrust of [943]*943this appeal is that, since the classification scheme of the Association is contained in its Constitution, any change in it must be in accordance with the provisions of the constitution detailing constitutional amendment by the members of the Association, rather than by unilateral action of the Reclassification Committee.

According to the Constitution of the Association, member schools are classified for purposes of administration by the Association and for sports competition by grouping the schools in units or classes. This grouping is based upon total student enrollment according to records of registration of member schools at the close of the first month of the school year.2

However, the classes have greater significance for athletic competition than they do for administration, which could have been served by any arbitrary scheme. The classes have been established so that no school is grouped with another that has more than twice the total enrollment of the first.

Evidence presented at trial suggests that the classification scheme in effect is examined and changed, called reclassification, when school enrollments significantly change, whether as an increase or decrease. For example, a school in Class AAA, which has an upper limit on enrollment of 1250 students, may need to be reclassified as Class AAAA school if its enrollment increases from 1140 to 1300 students. If a significant number of schools in one or more classes have increases or decreases in enrollment, the entire classification scheme may need to be changed.

Schools are also grouped within each class into districts, which have a geographically determined basis; these are likewise changed as circumstances warrant.

I.

Plaintiff-appellant’s first assignment of error is that the trial court erred in failing to find that the Association is a quasi-public institution whose action constitutes state action.

In dealing preliminarily with exceptions of no right of action, no cause of action, and lack of procedural capacity, which were filed by defendant-appellee, the trial judge stated:

... [T]he actions of the [Association in regulating the public schools insofar as their athletic activities are concerned ... constitutes state action. I think that is clear from the jurisprudence. Therefore, the Association’s activities are subject to [944]*944court scrutiny when a litigant contends that he is denied equal protection or due process of law ...

However, in his oral reasons for judgment in favor of defendant-appellee, he prefaced his ruling with these remarks:

... I would note at the outset that it is essential to remember in this matter that the Louisiana State High School Athletic Association is a voluntary non-profit organization ... The general rule as reflected in our jurisprudence is that the courts will not interfere with the internal affairs of a private association except in those cases where the affairs and proceedings have not been conducted fairly and honestly or in cases of fraud, lack of jurisdiction, the invasion of property, or pecuniary rights, or when action complained of is capricious, arbitrary or unjustly discriminatory.

The trial court’s characterization of the Association’s actions as state action in the preliminary stage of the hearing was the correct one, rather than that given in the reasons for judgment.

Our Supreme Court considered the nature of the Association as a public or private entity in Spain v. Louisiana High School Athletic Association, 398 So.2d 1386 (La.1981), in which it was presented with the question whether the Association [LHSAA], its committees, and subcommittees constituted a public body within the meaning of R.S. 42:4.1 et seq., the Open Meetings Law. After a concise but thorough examination of the structure, purpose, and funding of the Association, the Court stated:

The LHSAA performs a function which is, by law, entrusted to the various bodies established for the regulation of public education. It is funded by public money earned by state schools at athletic events. It has established a comprehensive set of rules and regulations governing how public schools and their students must conduct themselves with regard to athletic and academic endeavors, all with the acquiescence and implied blessing of the legislature, Board of Elementary and Secondary Education, Superintendent of Education and local school boards. (Citation omitted) Equally important is the degree of connexity between the regulatory functions of the LHSAA, and the regulatory functions of a particular “public body” found in R.S. 42:4.2(A)(2). Here the connexity is close, since LHSAA performs a major policy-making, advisory and administrative function in an area that is within the primary control of public bodies listed in the Open Meetings Law.

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Related

Bodker v. Louisiana State High School Athletic Association.
473 So. 2d 313 (Supreme Court of Louisiana, 1985)

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Bluebook (online)
472 So. 2d 941, 26 Educ. L. Rep. 887, 1985 La. App. LEXIS 9303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bodker-v-louisiana-state-high-school-athletic-assn-lactapp-1985.