Spain v. Louisiana High School Athletic Ass'n

393 So. 2d 226, 1980 La. App. LEXIS 4937
CourtLouisiana Court of Appeal
DecidedNovember 10, 1980
DocketNo. 13730
StatusPublished
Cited by2 cases

This text of 393 So. 2d 226 (Spain v. Louisiana 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
Spain v. Louisiana High School Athletic Ass'n, 393 So. 2d 226, 1980 La. App. LEXIS 4937 (La. Ct. App. 1980).

Opinion

COVINGTON, Judge.

This appeal was taken by John M. Spain, as an individual member of the public and as a news media person, from a judgment of the District Court denying the plaintiff’s request for preliminary and permanent injunctions to keep the Louisiana High School Athletic Association from holding meetings other than those pursuant to the “Open Meetings” Law of this State.

This injunctive relief application stems from a meeting of the defendant Association held on February 13, 1980, to consider what actions to take in connection with a fray involving the students of Lee High School and McKinley High School during a basketball game the week before at Lee High School. The plaintiff, the News Director for Louisiana Television Broadcasting Corporation, as well as members of the public, was excluded from the meeting. Spain had sought to obtain a temporary restraining order so that he could give news media coverage to the meeting; the restraining order was not granted but he was assigned a hearing on the matter of a preliminary injunction. The Association having completed its meeting before the hearing could be held, Spain amended his petition to seek permanent, as well as preliminary, injunctive relief based on the grounds that the LHSAA intended to hold future meetings as “closed meetings” in violation of the “Open Meetings” Law. After a hearing, the lower court found that the LHSAA was not a “public body” and was thus not subject to the “Open Meetings” Law. Accordingly, the trial court denied [228]*228Spain the requested injunctive relief, rendering the following “Written Reasons for Judgment”:

“Findings of fact
“1. The Louisiana High School Association is a private, unincorporated voluntary association.
“2. It neither receives nor disburses tax money.
“3. It does not perform or administer any governmental functions.
“4. It is not a creature of the Louisiana Department of Education.
“5. It does not exist by virtue of any act of the Louisiana Legislature.
“6. It is not a ‘public body’ nor does it conduct any public business within the definitions of the Louisiana Constitution and the statutes.
“7. The Louisiana Legislature did not intend that La.R.S. 42:1 et seq. apply to the Louisiana High School Athletic Association.
“Conclusion of Law
“The meetings of the Louisiana High School Athletic Association are not subject to the requirements of the ‘Open Meetings Law.’
“For the above reasons, plaintiff’s case is dismissed at his costs.”

The appellant designates two specifications of error: first, that the lower court erred in concluding that the Association was not a “public body” within the meaning of the “Open Meetings” Law; second, that the court below erred in concluding that the Association was not subject to the requirements of the “Open Meetings” Law. It is suggested by the appellant that the single issue before this Court is whether the Association is a “public body” within the meaning of LSA-R.S. 42:4.2(2) so as to be subject to the “Open Meetings” Law.

The appellee contends that the “Open Meetings” Law does not apply to the LHSAA because the provisions of LSA-R.S. 42:1 et seq., make it clear that it was not the intent of the legislature to apply these statutes to the LHSAA or any other similarly-situated private organization. Rather, it was the legislative intent that the “Open Meetings” Law apply only to public bodies or entities created by the Constitution and laws of the State of Louisiana.

The general rule in this State is that courts will not interfere with the internal affairs of a private voluntary association where its affairs are conducted fairly and honestly. Sanders v. Louisiana High School Athletic Association, 242 So.2d 19 (La.App. 3 Cir. 1970); Marino v. Waters, 220 So.2d 802 (La.App. 1 Cir. 1969). The Courts have specifically applied this rule to the defendant in the instant case, the LHSAA. See Watkins v. Louisiana High School Athletic Association, 301 So.2d 695 (La.App. 3 Cir. 1975); Sanders v. Louisiana High School Athletic Association, supra.

The LHSAA is a private, unincorporated, voluntary organization of some 450 high schools, represented by the member-school principals. About 80% of its members are public schools. In fact, almost all of the public schools in this State which engage in interscholastic athletic sports and activities are members of the Association. The principals, coaches and students of the schools are not members as such, there being no individual memberships. The object of the LHSAA is to handle the interscholastic athletic activities of its member schools.

However, the case at bar is not between the LHSAA and a member school, but is between the LHSAA and a member of the public. It is a grievance presented by one who may be adversely affected by decisions or actions of an association of which he is not a member. While there was a question of a disciplinary rule involved in the instant case, the suit does not involve solely a question of internal affairs of a voluntary association; it involves primarily the question of the applicability of a “freedom of information” or a “right to know” law to a particular voluntary association. Therefore, the LHSAA’s activities are subject to court scrutiny when a litigant contends that the LHSAA is violating state [229]*229law requiring the holding of open, public meetings. See Dumez v. Louisiana High School Athletic Association, 334 So.2d 494 (La.App. 1 Cir. 1976), writ refused, 337 So.2d 225 (La.1976); Ghabert v. Louisiana High School Athletic Association, 323 So.2d 774 (La.1975).

We now turn to the real issue in the instant case. The essence of the appellant’s case is that the LHSAA is a public body and, hence, is subject to the “Open Meetings” Law.

The term “public body” is defined in the statute, LSA-R.S. 42:4.2(2), as follows:

“ ‘Public body’ means village, town, and city governing authorities; parish governing authorities; school boards, and boards of levee and port commissioners; boards of publicly operated utilities; planning, zoning, and airport commissions; and any other state, parish, municipal, or special district boards, commissions, or authorities, and those of any political subdivision thereof, where such body possesses policy making, advisory, or administrative functions, including any committee or subcommittee of any of these bodies enumerated in this Paragraph. ‘Public body’ shall not include the legislature.”

The LHSAA does not specifically fit any of the classifications set out in the definitions provision of the statute. It is not a village, town, or city governing authority; it is not a police jury. It is not a school board; it is not a board of levee or port commission, or the board of a publicly-operated utility. It is also not a planning, zoning or airport commission. The question then becomes, is it an “authority” to which policy making, advisory or administrative functions have been delegated by one of the entities listed in the definitions provision of the statute, as the appellant contends? We think not.

When the definition of “public body” is read with the provisions of LSA-R.S.

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Related

Spain v. LOUISIANA HIGH SCHOOL, ETC.
398 So. 2d 1386 (Supreme Court of Louisiana, 1981)
Spain v. Louisiana High School Athletic Ass'n
395 So. 2d 1354 (Supreme Court of Louisiana, 1981)

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Bluebook (online)
393 So. 2d 226, 1980 La. App. LEXIS 4937, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spain-v-louisiana-high-school-athletic-assn-lactapp-1980.