Judge: Girls' basketball games schedule not discriminatory

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A federal judge has ruled that 14 school corporations haven’t discriminated against girls’ basketball teams by scheduling more of their games on weeknights instead of weekends as compared to boys’ basketball games.

Amber Parker, the former girls’ basketball coach at Franklin County High School, filed the suit on behalf of her daughter, who played on the team, accusing the Indiana High School Athletic Association and 14 school districts in western and southwestern Indiana of discriminating against girls’ high school basketball programs. After Parker and her family moved out of state this year, Tammy Hurley and her daughter C.H., also a player, were added to the suit in July.

The plaintiffs claimed in Amber Parker, et al. v. Indiana High School Athletic Association, et al., No. 1:09-CV-885, that the IHSAA and the school districts violated Title IX and the 14th Amendment pursuant to 42 U.S.C. Section 1983 by scheduling the girls’ games on non-preferred dates and times, which are typically weeknights. The U.S. District Court in the Southern District of Indiana had previously dismissed the Title IX claim against the IHSAA, and granted the school districts' partial motion for summary judgment on the Section 1983 claims on Sept. 27, 2010. In an opinion released Wednesday, U.S. District Judge William Lawrence granted summary judgment in favor of the defendants on the remaining claims – the Title IX claim against the school districts and the Section 1983 claim against the IHSAA.

The plaintiffs asserted an equal treatment claim against the school districts based on the scheduling of boys’ and girls’ basketball games, but the 1979 Policy Interpretation of Title IX doesn’t require identical scheduling for boys’ and girls’ sports. Their scheduling doesn’t deprive the girls’ team of role models, inhibit their skills development, or prevent team building.

“In short, the disparity in treatment in this case simply does not rise to the level seen in either Communities for Equity [v. Michigan High School Athletic Ass’n, 178 F.Supp 2d. 805 (W.D. Mich. 2001),] or McCormick [v. Sch. Dist. of Mamaroneck, 370 F.3d 275, 288 (2d Cir. 2004)]. The School Defendants’ treatment of the Plaintiffs does not result in a disparity that is so substantial that it denies the Plaintiffs equality of athletic opportunity,” wrote the judge.

Judge Lawrence noted the novel theory the plaintiffs used to try to hold the IHSAA liable for its “deliberate indifference to gender-based discrimination” even though the IHSAA isn’t responsible for the schedules. The plaintiffs argued the IHSAA turned a blind eye to the discriminatory scheduling, and by not mandating gender equality, the organization facilitated the gender-based discrimination.

“The problem with the Plaintiffs’ argument is that despite their rhetoric, they have not cited a single federal case that supports using a deliberate indifference theory to hold the IHSAA liable in this situation,” he wrote. “Just because the Plaintiffs have allegedly suffered an injury does not mean that they can hold the IHSAA liable.”


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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.