Brentwood Academy v. Tennessee Secondary School Athletic Assn.

121 S. Ct. 924, 148 L. Ed. 2d 807, 14 Fla. L. Weekly Fed. S 74, 531 U.S. 288, 2001 Colo. J. C.A.R. 913, 2001 Cal. Daily Op. Serv. 1435, 2001 U.S. LEXIS 964, 2001 Daily Journal DAR 1793, 69 U.S.L.W. 4085
CourtSupreme Court of the United States
DecidedFebruary 20, 2001
Docket99-901
StatusPublished
Cited by1,559 cases

This text of 121 S. Ct. 924 (Brentwood Academy v. Tennessee Secondary School Athletic Assn.) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brentwood Academy v. Tennessee Secondary School Athletic Assn., 121 S. Ct. 924, 148 L. Ed. 2d 807, 14 Fla. L. Weekly Fed. S 74, 531 U.S. 288, 2001 Colo. J. C.A.R. 913, 2001 Cal. Daily Op. Serv. 1435, 2001 U.S. LEXIS 964, 2001 Daily Journal DAR 1793, 69 U.S.L.W. 4085 (U.S. 2001).

Opinions

Justice Souter

delivered the opinion of the Court.

The issue is whether a statewide association incorporated to regulate interscholastic athletic competition among public and private secondary schools may be regarded as engaging in state action when it enforces a rule against a member school. The association in question here includes most public schools located within the State, acts through their representatives, draws its officers from them, is largely funded [291]*291by their dues and income received in their stead, and has historically been seen to regulate in lieu of the State Board of Education’s exercise of its own authority. We hold that the association’s regulatory activity may and should be treated as state action owing to the pervasive entwinement of state school officials in the structure of the association, there being no offsetting reason to see the association’s acts in any other way.

I

Respondent Tennessee Secondary School Athletic Association (Association) is a not-for-profit membership corporation organized to regulate interscholastic sport among the public and private high schools in Tennessee that belong to it. No school is forced to join, but without any other authority actually regulating interscholastic athletics, it enjoys the memberships of almost all the State’s public high schools (some 290 of them or 84% of the Association’s voting membership), far outnumbering the 55 private schools that belong. A member school’s team may play or scrimmage only against the team of another member, absent a dispensation.

The Association’s rulemaking arm is its legislative council, while its board of control tends to administration. The voting membership of each of these nine-person committees is limited under the Association’s bylaws to high school principals, assistant principals, and superintendents elected by the member schools, and the public school administrators who so serve typically attend meetings during regular school hours. Although the Association’s staff members are not paid by the State, they are eligible to join the State’s public retirement system for its employees. Member schools pay dues to the Association, though the bulk of its revenue is gate receipts at member teams’ football and basketball tournaments, many of them held in public arenas rented by the Association.

The constitution, bylaws, and rules of the Association set standards of school membership and the eligibility of students to play in interscholastic games. Each school, for [292]*292example, is regulated in awarding financial aid, most coaches must have a Tennessee state teaching license, and players must meet minimum academic standards and hew to limits on student employment. Under the bylaws, “in all matters pertaining to the athletic relations of his school,” App. 138, the principal is responsible to the Association, which has the power “to suspend, to fine, or otherwise penalize any member school for the violation of any of the rules of the Association or for other just cause,” id., at 100.

Ever since the Association was incorporated in 1925, Tennessee’s State Board of Education (State Board) has (to use its own words) acknowledged the corporation’s functions “in providing standards, rules and regulations for interscholastic competition in the public schools of Tennessee,” id., at 211. More recently, the State Board cited its statutory authority, Tenn. Code Ann. §49-1-302 (1996) (App. 220), when it adopted language expressing the relationship between the Association and the State Board. Specifically, in 1972, it went so far as to adopt a rule expressly “designat[ing]” the Association as “the organization to supervise and regulate the athletic activities in which the public junior and senior high schools in Tennessee participate on an interscholastic basis.” Tennessee State Board of Education, Administrative Rules and Regulations, Rule 0520-1-2-.26 (1972) (later moved to Rule 0520-1-2-.Q8). The Rule provided that “the authority granted herein shall remain in effect until revoked” and instructed the State Board’s chairman to “designate a person or persons to serve in an ex-officio capacity on the [Association’s governing bodies].” App. 211. That same year, the State Board specifically approved the Association’s rules and regulations, while reserving the right to review future changes. Thus, on several occasions over the next 20 years, the State Board reviewed, approved, or reaffirmed its approval of the recruiting Rule at issue in this case. In 1996, however, the State Board dropped the original Rule 0520-1-2-.08 expressly designating the Association [293]*293as regulator; it substituted a statement “recognizing] the value of participation in interscholastic athletics and the role of [the Association] in coordinating interscholastic athletic competition,” while “authorizing] the public schools of the state to voluntarily maintain membership in [the Association].” Id., at 220.

The action before us responds to a 1997 regulatory enforcement proceeding brought against petitioner, Brentwood Academy, a private parochial high school member of the Association. The Association’s board of control found that Brentwood violated a rule prohibiting “undue influence” in recruiting athletes, when it wrote to incoming students and their parents about spring football practice. The Association accordingly placed Brentwood’s athletic program on probation for four years, declared its football and boys’ basketball teams ineligible to compete in playoffs for two years, and imposed a $3,000 fine. When these penalties were imposed, all the voting members of the board of control and legislative council were public school administrators.

Brentwood sued the Association and its executive director in federal court under Rev. Stat. § 1979, 42 U. S. C. § 1988, claiming that enforcement of the Rule was state action and a violation of the First and Fourteenth Amendments. The District Court entered summary judgment for Brentwood and enjoined the Association from enforcing the Rule. 13 F. Supp. 2d 670 (MD Tenn. 1998). In holding the Association to be a state actor under § 1983 and the Fourteenth Amendment, the District Court found that the State had delegated authority over high school athletics to the Association, characterized the relationship between the Association and its public school members as symbiotic, and emphasized the predominantly public character of the Association’s membership and leadership. The court relied on language in National Collegiate Athletic Assn. v. Tarkanian, 488 U. S. 179, 193, n. 13 (1988), suggesting that statewide interscholastic athletic associations are state actors, and on other federal eases [294]*294in which such organizations had uniformly been held to be acting under color of state law.

The United States Court of Appeals for the Sixth Circuit reversed. 180 F.3d 758 (1999). It recognized that there is no single test to identify state actions and state actors but applied three criteria derived from Blum v. Yaretsky, 457 U. S. 991 (1982), Lugar v. Edmondson Oil Co., 457 U. S.

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Bluebook (online)
121 S. Ct. 924, 148 L. Ed. 2d 807, 14 Fla. L. Weekly Fed. S 74, 531 U.S. 288, 2001 Colo. J. C.A.R. 913, 2001 Cal. Daily Op. Serv. 1435, 2001 U.S. LEXIS 964, 2001 Daily Journal DAR 1793, 69 U.S.L.W. 4085, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brentwood-academy-v-tennessee-secondary-school-athletic-assn-scotus-2001.