Sturrup v. Mahan

• Decision Date: 13 December 1972
• Docket Number: No. 172A33,172A33
• Citation: 290 N.E.2d 64
• Parties: Warren B. STURRUP, By his Guardian and next friend, Lamount H. Sturrup, Plaintiff-Appellant, v. Robert M. MAHAN, Principal of University Junior-Senior High School, Phil N. Eskew, Commissioner of the Indiana High School Athletic Association, Defendants-Appellees.
• Court: Indiana Appellate Court

Page 64

290 N.E.2d 64

Warren B. STURRUP, By his Guardian and next friend, Lamount H. Sturrup, Plaintiff-Appellant, v. Robert M. MAHAN, Principal of University Junior-Senior High School, Phil N. Eskew, Commissioner of the Indiana High School Athletic Association Defendants-Appellees.

No. 172A33.

Court of Appeals of Indiana, Third District.

Dec. 13, 1972.

Rehearing Denied Feb. 7, 1973.

David S. McCrea, McCrea & McCrea, Bloomington, for appellant.

Harold J. Bell, Mark E. Bell, Bell & Bell, Indianapolis, for appellee Phil N. Eskew and Indiana High School Athletic Assn.

Len E. Bunger, Snyder, Bunger, Cotner, Harrel & Robertson, Bloomington, for appellee Robert M. Mahan.

HOFFMAN, Chief Judge.

The issue presented by this appeal is whether the denial of a preliminary injunction by the trial court was erroneous. The preliminary injunction was sought for the purpose of restraining the Indiana High School Athletic Association (IHSAA) acting by and through its Commissioner, Phil N. Eskew, and the principal of University Junior-Senior High School, Robert M. Mahan, from declaring appellant-Warren B. Sturrup ineligible from participation in varsity athletics.

The facts of this case may be briefly summarized as follows:

Warren B. Sturrup lived in Miami, Florida, and attended Miami Palmetto High School during the 1970--1971 school year. During the summer of 1971, Sturrup moved to Bloomington, Indiana, because of the demoralizing and detrimental conditions of his home and school environment.

In Bloomington, Indiana, Sturrup lives with his brother who, prior to the institution of the instant action, was appointed legal guardian of Warren B. Sturrup by the Monroe Circuit Court. During the summer of 1971, prior to his junior year, Sturrup enrolled in University Junior-Senior High School and was certified eligible to play varsity football.

On September 27, 1971, Robert M. Mahan, the principal of University Junior-Senior High School, wrote a letter to Warren Sturrup's guardian informing him that Mahan had conferred with Phil N. Eskew, Commissioner of the IHSAA and had reviewed 'Warren's eligibility case.' Mahan then declared Warren Sturrup ineligible to participate in interscholastic athletics for the 1971--72 school year.

Sturrup, by his guardian and next friend, filed his application for an injunction and his application for a preliminary injunction pending trial on the permanent injunction. Following a change of venue, trial was to the court which denied the application for a preliminary injunction. Sturrup timely filed his motion to correct errors which was overruled by the trial court and this appeal followed.

I.

The first issue raised by Sturrup is whether he qualifies for the exceptions to the IHSAA rule making a student ineligible for a one-year period who transfers to a new school without a corresponding change in his parent's residence. Sturrup contends that he qualifies for such exceptions to the IHSAA rules for the following reasons:

1. His move was necessary as a result of unavoidable circumstances; and

2. He established a new residence with a legally appointed guardian.

The record before us indicates that the principal of University Junior-Senior High School declared Sturrup ineligible after conferring with IHSAA Commissioner Phil N. Eskew. The record before us also indicates that Eskew conferred by telephone with the Board of Control of the IHSAA concering the eligibility of Sturrup. Phil N. Eskew testified, on direct examination, as follows:

'A. The phone conversations, this was the decision: According to Rule 22, Warren Sturrup cannot be considered eligible as to resident until he has been enrolled in University High School for one calendar year. If and when additional pertinent evidence is received by the Board of Control, they will review the case. That was October the 7th.'

We conclude that the Board of Control considered the facts before it, and did not believe that Sturrup is eligible for participation in interschool athletics.

The IHSAA is a voluntary association open to all public, private, parochial and institutional high schools of the State of Indiana. The authorities are legionary that courts will not interfere with the internal affairs of such voluntary associations absent mistake, fraud, collusion, arbitrariness or invasion of personal or property rights. State ex rel. I.H.S.A. Assn. v. Lawrence C.C. (1959), 240 Ind. 114, 162 N.E.2d 250; Scott v. Kilpatrick (1970), 286 Ala. 129, 237 So.2d 652; Sanders v. Louisiana High School Athletic Ass'n. (La.App.1970), 242 So.2d 19; Quimby v. School District No. 21 of Pinal County (1969), 10 Ariz.App. 69, 455 P.2d 1019; Marino v. Waters (La.App.1969), 220 So.2d 802; Tennessee Secondary Sch. Athletic Ass'n. v. Cox (1968), 221 Tenn. 164, 425 S.W.2d 597; State v. Judges of Court of Common Pleas (1962), 173 Ohio St. 239, 181 N.E.2d 261; Robinson v. Illinois High School Association (1963), 45 Ill.App.2d 277, 195 N.E.2d 38 (Cert. denied, 379 U.S. 960, 85 S.Ct. 647, 13 L.Ed.2d 555); Sult v. Gilbert (1941), 148 Fla. 31, 3 So.2d 729.

The trial court, in its conclusions of law, found that it 'should not substitute its judgment for that of the defendant association in the making and interpreting of its rules.' Such finding is supported by the above authorities. On appeal, it is the duty of this court, when a proper case is brought, to review the action of the IHSAA for illegality. Absent illegality of its action, the IHSAA should be left free to exercise its sound discretion in conducting its affairs. State ex rel. I.H.S.A. Assn. v. Lawrence C.C., supra.

II.

Sturrup has raised several issues in which he alleges unconstitutionality of the action of the IHSAA. Appellees concede in their brief that the action of the member schools of the IHSAA is State action 'in a constitutional sense.' See: Haas v. South Bend Community School Corporation and Indiana High School Athletic Association (1972), Ind., 289 N.E.2d 495, filed November 27, 1972; Louisiana High School Ath. Assn. v. St. Augustine High Sch. (5th Cir. 1968), 396 F.2d 224. Thus, we turn to the constitutional issues raised by appellant.

A.

Sturrup contends that the imposition of the one-year residency requirement upon him denies his fundamental right to education. This contention is answered by the case of State ex rel. I.H.S.A. Assn. v. Lawrence C.C., supra, at 124 of 240 Ind., at 255 of 162 N.E.2d, as follows:

'(T)he right of plaintiffs under the Indiana Constitution and statutes to go to the public schools and receive education and training cannot properly be said to include interscholastic sports and games, * * *.'

The above holding was reaffirmed by Haas v. South Bend Community School Corporation and Indiana High School Athletic Association, supra.

B.

Sturrup contends that the imposition of the one-year residency requirement unconstitutionally infringes upon his fundamental right to travel. He also contends that the imposition of the one-year residency requirement is violative of his Fourteenth Amendment right to equal protection of the laws as contrasted to students in a similar situation who moved with their parents.

First. It cannot be argued but that the bylaws of the IHSAA applicable to the instant case create two classifications of students. One classification contains those students who have moved into Indiana from out-of-State and whose parents change their residence to the school district in which the student will attend school. Such students are automatically allowed to participate in athletics. The other classification contains those students who, like Sturrup, have moved into Indiana and will attend an IHSAA member school without a corresponding change in the residence of their parents. Such students, assuming the hardship exception is not met, are automatically barred from participation. To determine the validity of these two classifications, they must be tested by the appropriate constitutional standards of equal protection of the law.

Second. Equal protection of the law does not prevent reasonable classification. Levy v. Louisiana (1968), 391 U.S. 68, 88 S.Ct. 1509, 20 L.Ed.2d 436 (Rehearing denied, 393 U.S. 898, 89 S.Ct. 65, 21 L.Ed.2d 185); Morey v. Doud (1957), 354 U.S. 457, 77 S.Ct. 1344, 1 L.Ed.2d 1485.

In Schilb v. Kuebel (1971), 404 U.S. 357, 92 S.Ct. 479, at 484, 30 L.Ed.2d 502, at 510--511, the United States Supreme Court stated:

'The Court more than once has said that state legislative reform by way of classification is not to be invalidated merely because the legislature moves one step at a time. 'The prohibition of the Equal Protection Clause goes no further than invidious discrimination.' Williamson v. Lee Optical Co., 348 U.S. 483, 489, 75 S.Ct. 461, 465, 99 L.Ed. 563 (1955). 'Legislatures are presumed to have acted constitutionally . . . and their statutory classifications will be set aside only if no grounds can be conceived to justify them. . . . With this much discretion, a legislature traditionally has been allowed to take reform 'one step at a time, addressing itself to the phase of the problem which seems most acute to the legislative mind." McDonald v. Board of Election Commissioners, 394 U.S. 802, 809, 811, 89 S.Ct. 1404, 1408, 1409, 22 L.Ed.2d 739 (1969). The measure of equal protection has been described variously as whether 'the distinctions drawn have some basis in practical experience,' South Carolina v. Katzenbach, 383 U.S. 301, 331, 86 S.Ct. 803, 820, 15 L.Ed.2d 769 (1966), or whether the legislature's action falls short of 'the invidious discrimination,' Williamson v. Lee Optical Co., supra, 348 U.S., at 489, 75 S.Ct. at 465, or whether 'any state of facts reasonably may be conceived to justify' the statutory discrimination, McGowan v. Maryland, 366 U.S. 420, 426, 81 S.Ct. 1101, 1105, 6 L.Ed.2d 393 (1961); see United States v. Maryland Savings-Share Ins. Corp., 400 U.S. 4, 6, 91 S.Ct. 16, 17, 27 L.Ed.2d 4 (1970), or whether the classification...