State ex rel. Indiana High School Athletic Ass'n v. Lawrence Circuit Court, 29835

Citation240 Ind. 114,162 N.E.2d 250
Decision Date18 November 1959
Docket NumberNo. 29835,29835
PartiesSTATE of Indiana on the relation of the INDIANA HIGH SCHOOL ATHLETIC ASSOCIATION et al., Petitioners, v. LAWRENCE CIRCUIT COURT of Lawrence County, Indiana, Lester Nixon, Special Judge, Respondent.
CourtSupreme Court of Indiana

Nixon, Special Judge, Respondent.

No. 29835.

Supreme Court of Indiana.

Nov. 18, 1959.

Ruel W. Steele, Mellen & Mellen, Bedford, Harold J. Bell, of Bell & Bell, Indianapolis, for petitioners.

George Brawley, Patrick E. Chavis, Willard B. Ransom, Indianapolis, for respondent. LANDIS, Judge.

This is an original action for writ of prohibition brought by relators L. V. Phillips and other members of the Indiana High School Athletic Association, et al., asking that respondent court be prohibited from taking any further action in a certain suit pending against relators in said court.

The facts in this case appearing from the petition and response are as follows: The action below for a restraining order and injunction was filed in the Jackson Circuit Court by Billy Joe Stevenson and Frank Stevenson, two students 14 and 16 years of age, in the Shields High School of Seymour, Indiana, by their parents and next friends Joe Stevenson and Pearl Stevenson. The action was brought to enjoin relators L. V. Phillips and other members of the Indiana High School Athletic Association, an unincorporated association, from enforcing any of its orders, rules, or restrictions, declaring plaintiffs to be ineligible for competitive athletics and in particular preventing them from playing on the basketball team representing Shields High School in contests with other member schools within said Athletic Association. An injunction was also sought to prevent Shields High School, a member of said Athletic Association from obeying any order or rule of said association which would have the effect of preventing said plaintiffs from participating as a representative of Shields High School in athletic events of said association.

The Jackson Circuit Court issued a restraining order without notice as prayed for, in substance temporarily enjoining relators from enforcing any order or ruling rendering plaintiffs ineligible from participating in interscholastic athletic competition as students of said Shields High School.

Thereafter a change of venue was taken to the Lawrence Circuit Court where the cause is now pending.

It further is not disputed that the Indiana High School Athletic Association (hereinafter called the Athletic Association) is a voluntary unincorporated association composed of some 750 public, parochial and private schools within the state of Indiana for the purpose of setting up uniform rules and regulations pertaining to athletic competition between member schools. That such rules and regulations are to promote the ideals which the members espouse in relation to athletic competition, including those of strict amateur status of all persons whom the member schools choose to represent them. That the membership of Shields High School in said Athletic Association is contingent upon its compact with the other member schools to abide by the rules of the association and the actions of its officers and representatives pursuant thereto.

It appears that prior to the first day of August, 1958, the plaintiffs resided in the state of Illinois in a small community on the Ohio River near Cairo, Illinois, and on or about said date moved to Seymour, Indiana, at which time they enrolled in the Shields High School.

That said Athletic Association thereafter issued a ruling to Shields High School that it could not use plaintiffs in association sponsored activities as members of its competitive athletic teams, and specifically its basketball team under the eligibility rules of the association.

Relators here contend respondent court is without jurisdiction to restrain and enjoin them and the Athletic Association from carrying out the rules and regulations of said association as the association is a voluntary unincorporated association of public, parochial and private schools in their unofficial and non-governmental capacity, and was acting lawfully and within its powers and authority, and that within such limited sphere of activity the courts do not interfere.

On the contrary respondent asserts that under the Constitution of Indiana 1 and the applicable statutes plaintiffs were entitled to attend public school including the Shields High School, and to utilize the study and training including physical training and athletics, and that relator Athletic Association has attempted to interfere therewith, which respondent court has jurisdiction to restrain and enjoin.

There can be no question in this case but that plaintiffs as residents of the city of Seymour, Indiana, as alleged in their complaint below, were entitled to attend Shields High School and pursue the course of study and training available therein as provided by law. With that right of plaintiffs relators in this case concede said Athletic Association could not interfere and it is their contention that no rule or restriction of said association does interfere with such right.

The crux of the controversy in this case is whether plaintiffs' right to go to public school, to-wit, Shields High School, and receive education and training includes such activities as 'interscholastic' sports or games, viz.: inter-school basketball, as may be engaged in between picked teams of the 750 public, private and parochial schools embraced within the membership of relator Athletic Association.

As this question has not heretofore been presented for decision in this state, we look to other jurisdictions for authorities bearing upon this question.

In the case of Morrison et al. v. Roberts, 1938, 183 Okl. 359, 82 P.2d 1023, plaintiff, a high school student and member of the football team, violated a fixed rule of the Oklahoma High School Athletic Association in accepting an award of a gold football of the value of a few dollars. The Board of Control of said athletic association ruled plaintiff to be ineligible to play football for a period of one year for said violation, and plaintiff brought action in mandamus to set aside the action of the board. The Supreme Court of Oklahoma in ordering the dismissal of the suit stated at page 361 of 183 Okl., at pages 1024, 1025 of 82 P.2d:

'If it be said that the rule involved and the fixed penalty is arbitrary, that may be so. * * * The same might be said also as to the arbitrary rule that 'three strikes' retires the batter, not more nor less; * * *.

* * *

* * *

'The plaintiff has many rights as a citizen and as a high school student, but he has no vested right in 'eligibility' as dealt with at such great length in the rules of the Oklahoma High School Athletic Association. * * *

'* * * There is nothing unlawful or evil in any of those rules nor in the provision resting final authority in the Board of Control. * * *'

The case of Sult v. Gilbert et al., 1941, 148 Fla. 31, 3 So.2d 729, involved the validity of the suspension of Palmetto High School by the Florida High School Athletic Association, a voluntary association. Palmetto and Sarasota High Schools, who were members of said Florida High School Athletic Association, agreed to play a football game in 1939, but later Palmetto severed relations with Sarasota and there was a dispute as to whether the contract included the 1939 game. The executive secretary of the Florida High School Athletic Association decided against Palmetto who without appealing the decision within the association as provided by the association's constitution, filed suit in circuit court, resulting again in a decision against Palmetto. A suspension for one year was ordered by the Florida High School Athletic Association for the violation by Palmetto of its constitution. Palmetto sued for an injunction against its suspension which was denied and then affirmed on appeal, the Supreme Court of Florida saying at page 36 of 148 Fla., at page 731 of 3 So.2d:

'* * * The law is settled in this State that the courts will not take cognizance of a case arising from the expulsion of a member of a voluntary association unless some civil or contractual right is involved. * * *

* * *

* * *

'* * * It was purely an internal affair of the association and there is no showing of mistake, fraud, collusion, or arbitrariness in the proceedings.

* * *

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'The law is well settled that the Constitution and by-laws of a voluntary association when subscribed or assented to by the members...

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