The Nashville City Paper Sues the TSSAA

[QBClubPrez]

CityProperties'The City Paper' sues TSSAA for public records

Wednesday, February 15, 2012 at 3:06pm

By Steve Cavendish

To our readers:

 

Today The City Paper filed suit in Davidson County Chancery Court for access to public records held by the Tennessee Secondary School Athletic Association. We would like to see inside its investigatory process and learn exactly how the organization functions as it applies its rules on financial aid and student athlete eligibility.

 

The TSSAA is the regulatory body for high school athletics in the state of Tennessee. Though nominally a private organization, it is largely funded by public tax dollars in the form of membership fees and gate receipts from tournament games played in public facilities, and its Board of Control is filled with public officials. It is so intertwined with public resources that the U.S. Supreme Court declared it a state actor in the course of its landmark case against Brentwood Academy.

 

But even more important than its public status is the power it wields over the lives of students. Simply, it is the only game in town if you are an athlete or school in Tennessee. We believe that a little sunshine on the TSSAA might be beneficial for everyone. Doing things in the open increases accountability, and that’s something that might actually help the TSSAA in its mission to provide a level field for athletes to play on.

 

We feel certain that the TSSAA will resist this in court. It has shown hostility towards sunshine in the past, going so far as to file amicus briefs in support of Corrections Corporation of America’s ongoing fight against open records. But we believe that it is important to hold powerful bodies accountable and one of the best ways to do that is through the Tennessee Public Records Act.

[WesVLT]

CityProperties'The City Paper' sues TSSAA for public records

Wednesday, February 15, 2012 at 3:06pm

By Steve Cavendish

To our readers:

 

Today The City Paper filed suit in Davidson County Chancery Court for access to public records held by the Tennessee Secondary School Athletic Association. We would like to see inside its investigatory process and learn exactly how the organization functions as it applies its rules on financial aid and student athlete eligibility.

 

The TSSAA is the regulatory body for high school athletics in the state of Tennessee. Though nominally a private organization, it is largely funded by public tax dollars in the form of membership fees and gate receipts from tournament games played in public facilities, and its Board of Control is filled with public officials. It is so intertwined with public resources that the U.S. Supreme Court declared it a state actor in the course of its landmark case against Brentwood Academy.

 

But even more important than its public status is the power it wields over the lives of students. Simply, it is the only game in town if you are an athlete or school in Tennessee. We believe that a little sunshine on the TSSAA might be beneficial for everyone. Doing things in the open increases accountability, and that’s something that might actually help the TSSAA in its mission to provide a level field for athletes to play on.

 

We feel certain that the TSSAA will resist this in court. It has shown hostility towards sunshine in the past, going so far as to file amicus briefs in support of Corrections Corporation of America’s ongoing fight against open records. But we believe that it is important to hold powerful bodies accountable and one of the best ways to do that is through the Tennessee Public Records Act.

This is a very interesting case that could draw plenty of national attention. The crux of the case appears to be the question of whether the TSSAA, as a state actor, should be subject to open records laws. I'm far from a legal pundit -- I have a journalism degree and am currently getting my MBA -- but my uninformed impression is that the TSSAA, as the state's dominant athletic association -- made up of nearly every public high school in Tennessee -- should be accountable to open records laws. Since it presides over a vast majority of the state's public secondary schools and since its activities therefore have great impact upon the state's residents, it should have to answer to the public instead of conducting its proceedings in private.

 

Does anyone smarter than me (most of you) have a better opinion of how this case will play out?

Edited February 16, 2012 by WesVLT

[KWoodroof]

This is a very interesting case that could draw plenty of national attention. The crux of the case appears to be the question of whether the TSSAA, as a state actor, should be subject to open records laws. I'm far from a legal pundit -- I have a journalism degree and am currently getting my MBA -- but my uninformed impression is that the TSSAA, as a state actor, should be accountable to open records laws.

 

Does anyone smarter than me (most of you) have a better opinion of how this case will play out?

I think they make a pretty compelling argument.

[WesVLT]

I think they make a pretty compelling argument.

Me too. How does the TSSAA counter that argument? They can hide behind FERPA, I suppose; that's a popular shield for college athletic departments. But the intent of that law is to protect the education records of individuals, not to shield organizations from having to disclose records of investigations; after all, even the NCAA releases redaction-littered investigation documents.

 

I imagine the TSSAA will point to case precedent (if any is available) and try to apply it to their situation. This could be a landmark case for them, and the Brentwood Academy "state actor" ruling does not make defending this lawsuit very easy.

[shakinthefat]

I all for the City paper to have access to the TSSAA records.

BA VS TSSAA facts:

http://law.vanderbilt.edu/alumni/lawyer-vol36num1/news-blumstein_mccoy.html

http://www.momentummedia.com/articles/am/am1303/bbtssaa.htm

 

I think sometime in the future the private schools will break away from the TSSAA and form a regulatory association for private schools. Their interest would be better served. Maybe then the DII football playoffs could be on the weekend instead of Thursday.

Edited February 17, 2012 by shakinthefat

[mykidsdad]

The TSSAA is like the Wizard of OZ. Pay no attention to the man behind the curtian, especially if your looking for brains, heart or courage!

[plumb69]

The TSSAA is like the Wizard of OZ. Pay no attention to the man behind the curtian, especially if your looking for brains, heart or courage!

That's funny. Where is the lawsuit now?

[heyitsme]

This is a very interesting case that could draw plenty of national attention. The crux of the case appears to be the question of whether the TSSAA, as a state actor, should be subject to open records laws. I'm far from a legal pundit -- I have a journalism degree and am currently getting my MBA -- but my uninformed impression is that the TSSAA, as the state's dominant athletic association -- made up of nearly every public high school in Tennessee -- should be accountable to open records laws. Since it presides over a vast majority of the state's public secondary schools and since its activities therefore have great impact upon the state's residents, it should have to answer to the public instead of conducting its proceedings in private.

 

Does anyone smarter than me (most of you) have a better opinion of how this case will play out?

 

I'm sure the TSSAA's argument will be that participation in the association is voluntary, not mandatory. Therefore it can't be considered as a "state-sponsored" regulatory body. Schools simply don't need the TSSAA to participate in sports. As long as participation in the TSSAA is voluntary and not mandatory, I doubt this suit is going very far.

 

I laughed at the City Paper's Steve Cavendish's statement: "...Simply, it is the only game in town if you are an athlete or school in Tennessee". Hello Steve, have you ever heard of AAU and countless other leagues and organizations that cater to our young athletes?

 

Sounds more like a great marketing scheme or publicity stunt for the Nashville City Paper.

[cbg]

Does the TSSAA have the funds to fight this if it goes to the US Supreme Court? I have heard from several people that the BA case really placed the TSSAA in a bad financial situation. From what I understand the TSSAA took it easy on MBA because they did not want any type of expensive legal battle.

[Bucksfan]

Does the TSSAA have the funds to fight this if it goes to the US Supreme Court? I have heard from several people that the BA case really placed the TSSAA in a bad financial situation. From what I understand the TSSAA took it easy on MBA because they did not want any type of expensive legal battle.

NO they don't have the funds. They are still paying off the loss to BA. That's why we have 8 state FB championships and ridiculous playoff ticket prices.

[heyitsme]

NO they don't have the funds. They are still paying off the loss to BA. That's why we have 8 state FB championships and ridiculous playoff ticket prices.

 

No funds? Surely, to make that broad of an absolute statement, you must have some type of proof...

[Bucksfan]

No funds? Surely, to make that broad of an absolute statement, you must have some type of proof...

Call and ask them if they have paid off the BA lawsuit, the key part of "no comment" is NO. Other wise it would be yes.