I'll say one thing for this magazine, interspersed between all of the hero-worship articles are some that cover subjects with real meat. In the last few issues are articles about foreign swimmers with American college scholarships, the conflict between USS and high-school swimming, eating disorders among swimmers, and (the lack of) racial diversity in the sport.
These are real issues to the sport.
Wouldn't it be nice if this group discussed some of these?
For those that would like a brief (if it is possible) history here is my attempt.
Last year my daughter, in preparation for swimming at the USA-Swimming Sectional meet, was granted permission by her high school coach to not attend practice for about a week as the high school team was unwieldy large prior to cuts and my daughter wanted to continue to train with the USA-Swimming club. Unbeknownst to us (even after direct questioning by us), this was contrary to the Missouri State High School Activities Association rule that prohibits participation in a club sport while competing for a high school in the same sport. This prohibition is complete and even prevents students from practicing with their club team even when the school is out of session or on the weekend. At the same time, the US Supreme Court ruled, in Brentwood v. Tennessee State High School Athletic Association, that the Association, as a state actor, was subject to the 14th amendment to the US Constitution. We then sued the MSHAA claiming violation of my daughter’s rights of association and under 42 USC 1982 which prohibits arbitrary and capricious laws and regulations by the state. The specifics about MSHAA are most curious in that they allow a student to compete in two different sports at the same time either for the school or one in-school and one out-of-school. They also regulate activities such as drama, speech and band. They do not limit participation in these activities based upon out-of-school activities. We went to trial and the only argument presented by MSHAA was that they were doing this to protect the student from the conflicting wishes of the two coaches. They did not bring up the potential time issues likely due to the fact that my daughter is a very good student. In spite of what I considered a persuasive argument, we lost. The trial judge gave what can be characterized as a curious ruling since she started out by saying that she was not sure she had jurisdiction. We have appealed the ruling and while I would love to go into our strategy, the element of surprise requires that I not do so. I will let you know what happens when I can.
Leo
For those that would like a brief (if it is possible) history here is my attempt.
Last year my daughter, in preparation for swimming at the USA-Swimming Sectional meet, was granted permission by her high school coach to not attend practice for about a week as the high school team was unwieldy large prior to cuts and my daughter wanted to continue to train with the USA-Swimming club. Unbeknownst to us (even after direct questioning by us), this was contrary to the Missouri State High School Activities Association rule that prohibits participation in a club sport while competing for a high school in the same sport. This prohibition is complete and even prevents students from practicing with their club team even when the school is out of session or on the weekend. At the same time, the US Supreme Court ruled, in Brentwood v. Tennessee State High School Athletic Association, that the Association, as a state actor, was subject to the 14th amendment to the US Constitution. We then sued the MSHAA claiming violation of my daughter’s rights of association and under 42 USC 1982 which prohibits arbitrary and capricious laws and regulations by the state. The specifics about MSHAA are most curious in that they allow a student to compete in two different sports at the same time either for the school or one in-school and one out-of-school. They also regulate activities such as drama, speech and band. They do not limit participation in these activities based upon out-of-school activities. We went to trial and the only argument presented by MSHAA was that they were doing this to protect the student from the conflicting wishes of the two coaches. They did not bring up the potential time issues likely due to the fact that my daughter is a very good student. In spite of what I considered a persuasive argument, we lost. The trial judge gave what can be characterized as a curious ruling since she started out by saying that she was not sure she had jurisdiction. We have appealed the ruling and while I would love to go into our strategy, the element of surprise requires that I not do so. I will let you know what happens when I can.
Leo
