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 MHSAA
Not Subject to FOIA
MIRS, July 30, 2004
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Michigan's
governing body for high school athletics is apparently a public
body when it comes to the courts being able to dictate sports
seasons for boys' and girls' teams, but it's not public enough
when it comes to having to surrender documents, the Supreme
Court ruled today.
On Tuesday, the U.S. Court of Appeals told the Michigan High
School Athletic Association (MHSAA) that it was a public body
and it had to shuffle around its sports seasons so boys and
girls participated at the same time in order to comply with the
14th Amendment. Today, the state high court said MHSAA wasn't a
public body when it came to filling Freedom of Information Act (FOIA)
requests.
The 5-2 decision in Breighner v. MHSAA (No. 123529) reads that
MHSAA is a private, nonprofit organization having a wholly
voluntary membership of private and public schools. As such,
they are not a "public body" within the definition of FOIA.
MHSAA was founded in 1924 and existed under the Department of
Education until 1972 when it became a nonprofit membership
organization that was run by individual school boards. It
retained the status as the state's official association of high
school athletics.
The case began when Brieghner's son wasn't able to participate
in a MHSAA ski meet because he had participated in a
non-sanctioned MHSAA event, which was apparently against
association rules. The Brieghners FOIAed for information from
MHSAA, but were denied.
In their dissent, Justices Marilyn KELLY and Elizabeth WEAVER
wrote MHSAA only exists because public school districts created
it. MHSAA exists because of its cut from football and basketball
receipts. Add this to the fact that there is no difference
between public schools' and MSHAA's rules, and MSHAA should be
considered a public body.
But the majority said MSHAA actually doesn't get a dime from the
member schools. The association collects a gate fee for the
events they sponsor. MHSAA pays fees for the use of the host
facilities, but the schools do not pay dues or fees to the MHSAA.
As such, the state provides "absolutely no public resources to
the MHSAA," the court ruled.
"Nor, contrary to the holding of the trial court and the opinion
of our dissenting colleagues, does the MHSAA enjoy the schools'
moneymaking capacity as its own," the majority wrote. "In short,
MHSAA creates its own 'market' and revenue that would otherwise
not exist without its effort."
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