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  #1  
Old 08-23-18, 03:57 PM
radiodavel 2 radiodavel 2 is offline
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OHSAA Files Complaint and Emergency Motion with Ohio Supreme Court

OHSAA Files Complaint and Emergency Motion with Ohio Supreme Court
https://statelinesportsnetwork.net/2018/08/23/ohsaa-files-complaint-and-emergency-motion-with-ohio-supreme-court


Quote:
OHSAA Files Complaint and Emergency Motion with Ohio Supreme Court

Complaint submitted regarding Judge Robert Ruehlman’s order in Hamilton County Court of Common Pleas concerning Competitive Balance process

COLUMBUS, Ohio – The Ohio High School Athletic Association filed a Complaint for Writ of Prohibition in the Ohio Supreme Court Thursday and asked the Ohio Supreme Court to stay enforcement of the temporary restraining order (TRO) issued by Judge Robert P. Ruehlman against the OHSAA and to stay all further proceedings on this matter in Hamilton County until the Ohio Supreme Court has considered the merits of OHSAA’s Complaint for Writ of Prohibition.

The filing contends that Judge Ruehlman did not have the jurisdiction or authority to issue a TRO prohibiting the OHSAA from implementing the adopted bylaws of the voluntary members of this unincorporated private association. Judge Ruehlman’s TRO prevents the OHSAA from implementing a component of the Competitive Balance formula as it applies specifically to Roger Bacon High School and the other members of the Greater Catholic League Coed Division, but the ruling impacts schools throughout Ohio.

Membership in the OHSAA is voluntary and the member schools vote annually for any changes they wish to adopt to their Constitution and Bylaws.

“We do not believe that courts can interfere with the internal affairs and application of the bylaws of the OHSAA, which were duly adopted by the member schools,” said Joe Callow, partner at Keating, Muething and Klekamp PLL (KMK), which is assisting OHSAA general counsel Steve Craig, Esq., in defense of the Competitive Balance process that OHSAA member schools voted into place in 2014. “The Ohio Supreme Court has been consistent on this issue for more than 50 years.”

“OHSAA member schools have agreed to a longstanding and fair process that provides them the opportunity to change any of our Bylaws or Constitutional items,” said Jerry Snodgrass, OHSAA Executive Director. “Our member schools voted these bylaws into place and only the member schools can make a change. We will strongly defend the very Constitution our members have voted for and we support the GCL schools as well as all our members to propose changes through that established process.”

In addition to Roger Bacon, members of the GCL Coed Division include Kettering Archbishop Alter, Dayton Carroll, Middletown Bishop Fenwick, Cincinnati Purcell Marian, Hamilton Badin, Dayton Chaminade Julienne and Cincinnati Archbishop McNicholas.

Judge Ruehlman has scheduled an August 28 preliminary injunction hearing in the case in Hamilton County. Officially, the filing Thursday in the Ohio Supreme Court is a Complaint for Writ of Prohibition and Motion for Emergency Stay and Expedited Alternative Writ, which asks a higher court to stop a lower court from proceeding with a case that does not fall under the lower court’s jurisdiction.

Judge Ruehlman issued the TRO August 15 prohibiting the OHSAA from using the Tier 1 factor, which relates to feeder schools, specifically as it applies to Roger Bacon and the GCL Coed Division. However, since OHSAA bylaws apply equally to all member schools, both public and non-public, the ruling has statewide implications.

The Competitive Balance process determines how schools are assigned to postseason tournament divisions in football, soccer, volleyball, basketball, softball and baseball.

The lawsuit has no effect on regular season schedules, which are now underway. However, if the OHSAA is not successful in its appeal, it could require the divisional assignments to be recalculated mid-season for those sports that are affected by Competitive Balance.
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  #2  
Old 08-23-18, 04:20 PM
Cavman96 Cavman96 is offline
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Wow! But what does it really mean?

They do make a point about membership in the OHSAA being voluntary. If the particular schools don't like it, get out. You'd think it would be that simple.
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Old 08-23-18, 06:27 PM
Hammerdrill Hammerdrill is offline
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Yeah, I always thought that it is a private organization, and as such they can make rules, generally speaking, however they choose. I don't see how a court could intervene over a dispute like this.
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  #4  
Old 08-23-18, 06:39 PM
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Old 08-23-18, 06:49 PM
thecoachmoore thecoachmoore is offline
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Quote:
Originally Posted by Cavman96 View Post
Wow! But what does it really mean?

They do make a point about membership in the OHSAA being voluntary. If the particular schools don't like it, get out. You'd think it would be that simple.


You realize that the few schools that whined and complained about how unfair life was had that same volunteer membership status and had that same opportunity to leave. Where were you and the ďdonít like it then leaveĒ group then?


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Old 08-23-18, 06:53 PM
Southwest Guy Southwest Guy is offline
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Not implying anything but out of curiosity where did Judge Rhuelman go to high school ? A local guy from the University of Cincinnati. Not sure if he was local in high school though.
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Old 08-23-18, 07:19 PM
TheDude89 TheDude89 is offline
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Quote:
Originally Posted by thecoachmoore View Post
You realize that the few schools that whined and complained about how unfair life was had that same volunteer membership status and had that same opportunity to leave. Where were you and the ďdonít like it then leaveĒ group then?


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It was passed by majority rule. A far cry from being a "few schools that whined and complained."
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Old 08-23-18, 07:24 PM
Cavman96 Cavman96 is offline
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Originally Posted by thecoachmoore View Post
You realize that the few schools that whined and complained about how unfair life was had that same volunteer membership status and had that same opportunity to leave. Where were you and the ďdonít like it then leaveĒ group then?


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OK. I see your point. But how many of those who thought life was unfair filed lawsuits against the OHSAA? I know my school (or conference for that matter) didn't.
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Old 08-23-18, 07:25 PM
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Originally Posted by Southwest Guy View Post
Not implying anything but out of curiosity where did Judge Rhuelman go to high school ? A local guy from the University of Cincinnati. Not sure if he was local in high school though.
Good point. I'd like to know that myself.
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Old 08-23-18, 07:34 PM
Southwest Guy Southwest Guy is offline
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Originally Posted by TheDude89 View Post
It was passed by majority rule. A far cry from being a "few schools that whined and complained."
Like many things that are voted on by majority rule most accept the outcome and others decide to whine and complain. Looks like a select few indeed are whining.

Roger Bacon didn't get this upset when they went to the OHSSA over Moeller a few years back.
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Old 08-23-18, 08:32 PM
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The Butler The Butler is offline
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Schools renew their membership in the OHSAA each year. By doing so, they agree to abide by the rules and regulations.

There are lawyers involved so I guess it really can't be that simple.
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Old 08-23-18, 09:10 PM
Blue Jay Fan Blue Jay Fan is offline
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Could it have anything to do with the OHSAA having a monopoly? Can't win a state title without joining the OHSAA?
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  #13  
Old 08-23-18, 09:23 PM
Yappi Yappi is offline
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Quote:
Originally Posted by Blue Jay Fan View Post
Could it have anything to do with the OHSAA having a monopoly? Can't win a state title without joining the OHSAA?
Not wanting it to happen but I'm shocked that someone else hasn't opened a competing organization. If Lavar Ball were in Ohio, I'm sure he would have started one.
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Old 08-23-18, 09:28 PM
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Originally Posted by Blue Jay Fan View Post
Could it have anything to do with the OHSAA having a monopoly? Can't win a state title without joining the OHSAA?
Monopoly would be the wrong term here. "quasi-governmental" is the question in play. If they are viewed as essentially a government agency, the law treats them differently than if they are a private organization.
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  #15  
Old 08-23-18, 09:37 PM
playboi12 playboi12 is online now
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Does anyone here know how you can get a copy of the motion?
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  #16  
Old 08-23-18, 09:49 PM
thecoachmoore thecoachmoore is offline
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Quote:
Originally Posted by TheDude89 View Post
It was passed by majority rule. A far cry from being a "few schools that whined and complained."


CB came about because of a few schools. How it happened and how the vote went are two different things. Iím pretty sure thatís how most policies happen.



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  #17  
Old 08-23-18, 09:55 PM
thecoachmoore thecoachmoore is offline
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Quote:
Originally Posted by Cavman96 View Post
OK. I see your point. But how many of those who thought life was unfair filed lawsuits against the OHSAA? I know my school (or conference for that matter) didn't.


Obviously only one. But it was bound to happen. And itís not like OHSAA hasnít been sued before. Letís be honest, if you applied this situation to any other area youíd agree they could have an argument


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Old 08-23-18, 09:56 PM
thecoachmoore thecoachmoore is offline
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Quote:
Originally Posted by Blue Jay Fan View Post
Could it have anything to do with the OHSAA having a monopoly? Can't win a state title without joining the OHSAA?


Iím pretty sure Roger Bacon doesnít think it is in any position to win a state title


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Old 08-24-18, 10:14 AM
Rangerfan Rangerfan is offline
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The timing of the lawsuit shows the complainants are more interested in disruption than confident in winning.
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Old 08-24-18, 10:27 AM
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Quote:
Originally Posted by Yappi View Post
Not wanting it to happen but I'm shocked that someone else hasn't opened a competing organization. If Lavar Ball were in Ohio, I'm sure he would have started one.
There is an already-extant organization, the OCSAA. But, that is real low-level ball and an overall tiny school base.
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  #21  
Old 08-24-18, 10:28 AM
sapientia et veritas sapientia et veritas is offline
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Quote:
Originally Posted by Blue Jay Fan View Post
Can't win a state title without joining the OHSAA?
Maybe there's still a working printing press in the team museum up there in the NEO. Maybe just inside the secret MTFBC clubhouse.
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Old 08-24-18, 10:55 AM
TheDude89 TheDude89 is offline
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Quote:
Originally Posted by thecoachmoore View Post
CB came about because of a few schools. How it happened and how the vote went are two different things. I’m pretty sure that’s how most policies happen.



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Yep. Policies are usually made in the best interest of the voting majority. And in a voluntary organization those that don't like it are free to go. It may have come about because of a few schools but clearly most schools are in favor of it. So to your original post, why would the majority be the ones to leave because they don't like something?

Personally, I think CB could use some tweaking but I don't see it going away.

Last edited by TheDude89; 08-24-18 at 11:05 AM.
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Old 08-24-18, 11:32 AM
thecoachmoore thecoachmoore is offline
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Quote:
Originally Posted by TheDude89 View Post
Yep. Policies are usually made in the best interest of the voting majority. And in a voluntary organization those that don't like it are free to go. It may have come about because of a few schools but clearly most schools are in favor of it. So to your original post, why would the majority be the ones to leave because they don't like something?

Personally, I think CB could use some tweaking but I don't see it going away.

Any chance the majority voted for it because they were backing similar schools?

And if you have read any of the reports, they arenít trying to get rid of CB, just looking to have it tweaked. Letís be real here, why should a private school be penalized for a kid that has never went to a public school and has planned for 9 years to go to that HS? Itís totally reasonable to penalize a school for incoming transfers or for kids who never went to the feeders.


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Old 08-24-18, 12:08 PM
TheDude89 TheDude89 is offline
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Quote:
Originally Posted by thecoachmoore View Post
Any chance the majority voted for it because they were backing similar schools?

And if you have read any of the reports, they arenít trying to get rid of CB, just looking to have it tweaked. Letís be real here, why should a private school be penalized for a kid that has never went to a public school and has planned for 9 years to go to that HS? Itís totally reasonable to penalize a school for incoming transfers or for kids who never went to the feeders.


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Agreed. If the net result from all of this is changing that tier 1 issue I'm all for it.
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Old 08-24-18, 12:13 PM
Caleb Caleb is offline
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Oh for the 1970's when you had 3 divisions with 4 regions each and the top 4 teams in each region went to the playoffs. Nice and simple.
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Old 08-24-18, 12:21 PM
Irish60 Irish60 is offline
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Originally Posted by playboi12 View Post
Does anyone here know how you can get a copy of the motion?
Here's a link to the Motion.

http://supremecourt.ohio.gov/pdf_vie...pdf=851761.pdf
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  #27  
Old 08-24-18, 12:29 PM
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Originally Posted by Blue Jay Fan View Post
Could it have anything to do with the OHSAA having a monopoly? Can't win a state title without joining the OHSAA?
In some ways this is an ignorant statement. They do not have a monopoly on tournaments in the state. They do organize and control their own tournaments. A high school team can play in any sports event they want to, but as a voluntary member of the OHSAA you accept their rules. Don't volunteer and win all the tournaments you want to.
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Old 08-24-18, 12:30 PM
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Originally Posted by TheDude89 View Post
Yep. Policies are usually made in the best interest of the voting majority. And in a voluntary organization those that don't like it are free to go. It may have come about because of a few schools but clearly most schools are in favor of it. So to your original post, why would the majority be the ones to leave because they don't like something?

Personally, I think CB could use some tweaking but I don't see it going away.
Doesn't matter why they voted the way they did. What matters is they read the proposal and voted in favor of it. Very fair and simple.
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Old 08-24-18, 12:47 PM
Yappi Yappi is offline
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Quote:
Originally Posted by thecoachmoore View Post
And if you have read any of the reports, they arenít trying to get rid of CB, just looking to have it tweaked. Letís be real here, why should a private school be penalized for a kid that has never went to a public school and has planned for 9 years to go to that HS? Itís totally reasonable to penalize a school for incoming transfers or for kids who never went to the feeders.
The OHSAA is supposed to be a collection of schools that choose to compete for the betterment of their student body. It could be football, cornhole, or academic challenge. It's a fun way to have the schools compete.

The problem begins when kids/parents are choosing high schools because of sports. They load one team up at the expense of others. It goes against what the ideal of the OHSAA is supposed to be. To counteract this, the OHSAA wants to move the "receiving" schools up a division. It's not a perfect system but when you look at the results, it's not too bad. It may not be fair to everyone that gets moved up but the old system had more schools that were disadvantaged.
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Old 08-24-18, 01:11 PM
D4fan D4fan is offline
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Originally Posted by Blue Jay Fan View Post
Could it have anything to do with the OHSAA having a monopoly? Can't win a state title without joining the OHSAA?
Somewhat covered above. There are other organizations you can enroll in and get that elusive state title. It just won't be the one most coveted. I have been in a few gyms that display a banner for a state title and I am certain it was not OHSAA.
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