FLORIDA HIGH SCH. ACTIVITIES ASS'N, INC. v. Thomas

409 So. 2d 245, 2 Educ. L. Rep. 934
CourtDistrict Court of Appeal of Florida
DecidedFebruary 9, 1982
Docket81-2534
StatusPublished
Cited by2 cases

This text of 409 So. 2d 245 (FLORIDA HIGH SCH. ACTIVITIES ASS'N, INC. v. Thomas) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
FLORIDA HIGH SCH. ACTIVITIES ASS'N, INC. v. Thomas, 409 So. 2d 245, 2 Educ. L. Rep. 934 (Fla. Ct. App. 1982).

Opinion

409 So.2d 245 (1982)

The FLORIDA HIGH SCHOOL ACTIVITIES ASSOCIATION, INC., Anthony Pariso, and Fred Cooley, Appellants,
v.
George THOMAS, by and through His Mother and Next Best Friend, Mamie Thomas; Etc., et al., Appellees.

No. 81-2534.

District Court of Appeal of Florida, Third District.

February 9, 1982.

*246 Walton, Lantaff, Schroeder & Carson and John Patrick Joy and George W. Chesrow, Miami, for appellants.

Arky, Freed, Stearns, Watson & Greer and Richard M. Dunn, Miami, for appellees.

Before BARKDULL, HENDRY and JORGENSON, JJ.

BARKDULL, Judge.

The appellees, as representatives of a class, brought a complaint for declaratory decree and injunctive relief seeking to enjoin the appellant Association, and Pariso and Cooley, as Principal and Coach (respectively) of the high school attended by their sons, from enforcing a rule of the Florida High School Activities Association, Inc. (hereinafter referred to as FHSAA), limiting the number of players that may participate in post-season football championship play.

Following an evidentiary hearing, the trial court entered a temporary restraining order in words and figures as follow:

... .
"THIS CAUSE is before the Court on plaintiff's Complaint for Declaratory and Injunctive Relief, and their Motion for Temporary Restraining Order. On November 20, 1981, plaintiffs filed this action together with their motion for temporary restraining order. Plaintiffs allege that the defendants were improperly prohibiting the participation of the plaintiffs' sons in play-off games for the State Championship.
"Plaintiffs brought to the Court's attention the emergency nature of the motion. Killian High School was scheduled to compete in a play-off football game on November 27, 1981, and if winners, on December 4, 1981, December 11, 1981 and December 18, 1981. To avoid the obvious irreparable injury which would have been suffered by a deferred ruling in this cause, the Court set a hearing on plaintiffs' motion for injunctive relief for November 24, 1981 at 4:00 p.m. In light of the emergency situation, defendants received timely and adequate notice of the motion and hearing. Therefore, this Court proceeded to receive evidence and hear argument of counsel.
"Based upon the evidence presented by the parties hereto, the Court finds and concludes as follows:
1. This Court has jurisdiction of the parties and subject matter herein.
2. The sons of all of the plaintiffs are students at Killian High School, have participated as members of that high school's football team for at least one (1) year, and are otherwise eligible to participate in high school football.
3. The Florida High School Activities Association, Inc. is the state authority which controls all high school interscholastic activities including interscholastic athletics. It is, in effect, mandatory for the principal of every high school or secondary school in the State of Florida which wishes to participate in interscholastic *247 activities to belong to the Florida High School Activities Association, Inc. Thus, Killian High School, in order to be accredited, must abide by the Florida High School Activities Association, Inc.'s rules and regulations.
4. The aim of the Florida High School Activities Association, Inc. is to promote, direct and control all interscholastic activities of high school students, both athletic and non-athletic; to establish, maintain and enforce such regulations as may be necessary to assure that all such activities are a part of and contribute towards the entire educational program of the State of Florida; to cooperate closely with the State Department of Education in the development of that program; to safeguard the physical, mental and moral welfare of high school students and protect them from exploitation.
5. Football is an American tradition which has formed a great cornerstone in shaping the lives of literally millions of Americans. It is uniquely adapted to educating our youth to the unquestioned merit of mental and physical discipline, wholesome and worthy competition under rules of good sportsmanship and fair play, and the achievement of excellence. Americans who have drawn upon their early lessons in football include Presidents Reagan, Kennedy and Eisenhower and Supreme Court Justice White. Thus, while football may be a privilege, it is an essential part of the American educational mosaic.
6. Rule 5 of the Florida High School Activities Association's "Contest Regulations" (Rule 5), states:
Each team will be allowed a maximum of 44 players in uniform for each game.
7. Rule 5 does not apply to regular season football games. Except for certain eligibility requirements, there are no limitations on the number of student participants in the football program during the regular season.
8. Because of Rule 5, the defendant Cooley (head football coach at Miami Killian High School) advised the individual plaintiffs' sons and the members of the class who are on the Killian High School football team that they could not participate in the play-offs for the State Championship.
9. Regardless of whether or not the Florida High School Athletic Association, Inc. is a state agency or private voluntary organization, the result in this case must be the same. This Court is reluctant to interfere with the internal affairs of such an organization. However, it is a fundamental concept of our jurisprudence that every wrong must have a remedy: a person must be able to secure judicial redress from mistake, fraud, bad faith, collusion or arbitrariness. This Court finds that the plaintiffs' sons and members of their class are victims of arbitrariness and irrationality with respect to the application of Rule 5.
10. It is clear that the Florida High School Activities Association has the responsibility for supervision and control of all facets of interscholastic athletics in the private and public schools of the State of Florida. As such the Florida High School Activities Association is an arm of the State Department of Education.[1] The activities of the Association are so intertwined with that of the state, its conduct must be deemed to be state action in the constitutional sense. Mitchell v. Louisiana High School Activities Association, Inc., 430 F.2d 1155 (5th Cir.1970); Florida High School Activities Association, Inc. v. Bradshaw, 369 So.2d 398 (Fla.2d DCA 1970). While the participation in high school athletics is a privilege, such a classification does not carry with it the right by the state to dispense with this privilege arbitrarily and irrationally. Shapiro v. Thompson, 394 U.S. 618, 627 n. 6, 89 S.Ct. 1322, 1327 n. 6, 22 L.Ed.2d 600 (1969); Goldberg v. Kelly, 397 U.S. 254, 90 S.Ct. 1011, 25 L.Ed.2d 287 (1970); Vitek v. Jones, 445 U.S. 480, 490-91, 100 S.Ct. 1254, 1262, 63 L.Ed.2d 552 (1980).
11. As stated above, Rule 5 by its own standards is arbitrary and irrational and creates two classes of football players.

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Related

FLA. HIGH SCH. ACTIV. ASS'N, INC. v. Thomas
434 So. 2d 306 (Supreme Court of Florida, 1983)
Florida High School Activities Ass'n v. Thomas ex rel. Thomas
434 So. 2d 306 (Supreme Court of Florida, 1983)

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409 So. 2d 245, 2 Educ. L. Rep. 934, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-high-sch-activities-assn-inc-v-thomas-fladistctapp-1982.