Spain v. LOUISIANA HIGH SCHOOL, ETC.

398 So. 2d 1386
CourtSupreme Court of Louisiana
DecidedMay 18, 1981
Docket80-C-2712
StatusPublished
Cited by20 cases

This text of 398 So. 2d 1386 (Spain v. LOUISIANA HIGH SCHOOL, ETC.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana 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, ETC., 398 So. 2d 1386 (La. 1981).

Opinion

398 So.2d 1386 (1981)

John M. SPAIN
v.
LOUISIANA HIGH SCHOOL ATHLETIC ASSOCIATION.

No. 80-C-2712.

Supreme Court of Louisiana.

May 18, 1981.

*1387 W. Luther Wilson of Taylor, Porter, Brooks & Phillips, Baton Rouge, for plaintiff-applicant.

R. Bradley Lewis, Charles M. Hughes, Talley, Anthony, Hughes & Knight, Bogalusa, for defendant-respondent.

BLANCHE, Justice.

The sole issue presented by this case is the applicability of the Louisiana Open Meetings Law to meetings of the Louisiana High School Athletic Association (LHSAA). R.S. 42:4.1 et. seq. Both the district court and the court of appeal resolved the issue in the negative. 393 So.2d 226. This Court issued a writ of certiorari to consider the correctness of their determinations. 395 So.2d 1354. We reverse.

Revised Statute 42:5(A) provides that every "meeting" of any "public body" shall be open to the public unless excepted by law. A "meeting" is an assembly of a quorum of the public body to deliberate or act on a matter within the body's jurisdiction. R.S. 42:4.2(A)(1). "Public body" is defined, for purposes of the Open Meetings Law, 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." R.S. 42:4.2(A)(2).

The LHSAA contends that it cannot be categorized as any body deemed "public" by the act, and therefore, it is not subject to the legislation, while the plaintiff asserts, to the contrary, that the LHSAA is a committee or subcommittee of the several school boards of the state.

The LHSAA is a statewide association of approximately 450 public and private high schools. Each member school is represented by its principal. The primary governing body of the association between annual meetings is an executive committee, which consists of persons chosen by member schools, designated educational and athletic associations, and even the State Superintendent of Education and State Department of Education. The executive committee selects officers from its members and hires an administrative commissioner with broad regulatory powers. The commissioner in turn appoints a sportsmanship committee, of which he can also be a member, in order to investigate charges of poor sportsmanship and impose sanctions when necessary.

The cornerstones of the association are its constitution and by-laws. Article II of the LHSAA constitution states that the object of the association "... shall be to promote, regulate and direct the interscholastic athletic activities of the high schools of Louisiana...", for the protection of the interests of the participants in those activities. More specifically, one purpose of the LHSAA is to "... assist, advise and aid schools in organizing and conducting interscholastic sports." In effectuating the primary objective of the association, the constitution and by-laws provide mandatory regulations covering almost every aspect of high school interscholastic sports, including, but not limited to: membership eligibility; classification of member schools by size and location; rules for the games of football, basketball, *1388 baseball, track, golf, gymnastics, volleyball, tennis, swimming, soccer and wrestling; rules of eligibility and qualifications for individuals desiring to participate in sports, including scholastic course and grade point requirements for athletes; minimum qualifications for coaches; transfer of athlete rules; dues, fees and other services exacted by the association from members; and penalties and sanctions against individual athletes and member schools for rules violations.

Counsel for the LHSAA is quick to point out that the rules of the association are only mandatory to the extent that schools choose to become members and abide by them. He adds that the ultimate power of the association is expulsion of the member rather than compulsion exercised by a sovereign. However, this fails to give weight to the enormous de facto power exerted by the association. Frank Spruiell, who is listed in the 1979-80 LHSAA Official Handbook as the Commissioner and Secretary-Treasurer of the association, testified at trial that, to his knowledge, every accredited public high school engaged in athletic competition in this state is a member of the association. He also agreed that "a number" of private high schools belong to the association and collectively amount to about 20 percent of the association's membership. This testimony alone underscores the devastating effect of failing to join or failing to abide by a regulation or sanction imposed by the association. Non-membership is almost tantamount to obscurity in athletics. Further, Thomas McCoin, the Director of Athletics for the East Baton Rouge Parish School System, testified that he felt that schools agreed by joining the association that they would abide by decisions handed down by the LHSAA. He also testified that he once abided by a decision of the LHSAA which required him to make available for a basketball game a school gym under his administrative control. At the very least, this testimony indicates that a public employee of one school system considers himself "morally obligated" to abide by the regulations of the association. When coupled with the accumulated clout of the schools that adhere to the association's rules and the comprehensiveness of its regulations, the awesome power of the association over schools becomes evident.

The constitution of the LHSAA spells out the method by which the association is funded.[1] The association is financed by membership dues, a percentage of gate receipts for certain specified events, and entry fees for participating in sports for championship honors. Regarding the entry fees, all checks are required to be school *1389 checks and made payable to the association, although Mr. Spruiell testified that "We'll take any check that's good."

Aside from money flowing directly to the association by and in behalf of member schools, the secretary and staff of the LHSAA are legislatively defined as "teachers" for the purpose of inclusion in the Teachers' Retirement System of Louisiana (TRSLA). R.S. 17:571(23), 591(A). Thus, those persons connected with the association reap the same tangible and intangible benefits extended to public employees of institutions under the control of the State Board of Elementary and Secondary Education.

Against the scenario created by the constitution and operation of the LHSAA, the function of government with regard to high school athletics must be examined in order to resolve the issue at hand.

The provision of education to the people of Louisiana is regarded as a governmental responsibility. The legislature must provide for education and is charged with establishing and maintaining a public educational system. La.Const. Art. VIII, § 1. The State Board of Elementary and Secondary Education (BESE) must supervise and control the public elementary and secondary schools and establish minimum requirements for private schools, while its administrative head, the State Superintendent of Education, must implement its policies. La.Const. Art. VIII, §§ 2-4.

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398 So. 2d 1386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spain-v-louisiana-high-school-etc-la-1981.