The organization that oversees high school athletics in Illinois violated its own rules when it shut down the fall seasons for football and a host of other high school sports statewide in response to COVID-19, a new class action lawsuit claims.
On Sept. 29, attorneys Jeffrey L. Widman and Martin R. Martos II, of the firm of Fox Rothschild, of Chicago, filed suit in DuPage County Circuit Court on behalf of thousands of student athletes and their families all across Illinois. Named plaintiffs in the action include DuPage County residents David Ruggles, and his son, identified only as B.R., a high school basketball player; Chris Warden, and his son, identified as P.W., a high school football player; and Kelly Ridges, and her children, identified as D.R., a high school football player and wrestler, and A.R., a competitive dancer.
The lawsuit targeted the Illinois High School Association. Based in downstate Bloomington, the IHSA is an independent voluntary organization, which partners with public and private high schools in Illinois to administer and oversee high school athletics in the state.
The IHSA is not a state government agency.
The lawsuit centers on the decision earlier this summer by the IHSA Board of Directors to purportedly postpone fall sports to next spring. The decision, which the IHSA called its “Return to Play” plan, has all but cancelled the 2020 Illinois high school football season, as well as the fall soccer and volleyball seasons statewide.
Under the decision, the IHSA essentially bound high schools statewide to observe the “non-binding guidelines” issued by Illinois Gov. JB Pritzker. Pritzker had ordered all high school sports shut down in the spring, in response to the outbreak of the novel coronavirus that causes COVID-19.
The 10-member IHSA Board then adopted those guidelines, but also decided to postpone entire sports seasons, after the state designated those contact sports, like football, too dangerous amid the COVID-19 pandemic.
The decision has generated a blitz of protests, particularly in Chicago’s suburbs, led by high school student athletes and their parents. The protests have only picked up steam as states all around Illinois have returned their athletes to the playing fields this fall, seemingly without significant outbreaks to date.
Many parents have opted to move out of state this fall, to allow their children to continue to play high school sports shut down by Pritzker and the IHSA.
Pritzker has further been criticized for closing off high school athletic opportunities to students across the state, even as his daughter has continued throughout the pandemic to compete in equestrian events.
The students and their parents have said they fear they will lose college scholarships and development and training opportunities, as they remain sidelined even as they continue to advance through high school, losing eligibility to compete in the future.
Pritzker, to date, has remained publicly steadfast in refusing to consider lifting the sports restrictions statewide. He has also begun to refuse to even answer questions related to the possible resumption of fall sports.
The lawsuit does not take aim at Illinois Gov. JB Pritzker or any other state officials.
The IHSA has also refused to rescind its decision to postpone or cancel football and other fall sports.
According to the lawsuit, the IHSA Board of Directors lacked the authority to rewrite the 2020-2021 sports calendar.
The complaint noted the season calendars are established within the IHSA’s bylaws.
The complaint said the IHSA constitution and bylaws, which govern the organization, require such bylaw amendments to be processed and enacted through a prescribed “legislative process.” That process involves a screening by an IHSA member commission, before being put to the IHSA membership for a vote.
In this case, no such screening or vote were taken. Rather, the IHSA Board opted to take action alone, the complaint said, allegedly in violation of the IHSA constitution and bylaws.
“The IHSA Board of Directors has issued a series of guidelines … that alter the 2020-21 sports seasons mandated by the IHSA By-laws,” the complaint said. “The Guidelines include an outright ban on certain sports during the time periods to which the IHSA By-laws limit those sports. These amendments to the IHSA By-laws were not enacted through the legislative process the IHSA Constitution requires.”
The complaint asks the court to declare the Return to Play plan and guidelines to be invalid and void.