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Legal action against state sports group appears unlikely to succeed

Alabama Officials Suing AHSAA

The Governor of Alabama and the Speaker of the House are making an effort to sue the Alabama High School Athletic Association (AHSAA), trying to pressure private organizations to change their established rules. This legal move seems rather futile, especially in light of the recent AHSAA ruling, which, honestly, wasn’t shocking at all. It simply reinforced a long-standing regulation within Alabama high school athletics.

The crux of the matter is clear: if a student transfers to a private school and receives financial assistance, they cannot compete for a year. Understanding why these rules exist isn’t particularly complicated. Private schools tend to be harder to regulate because they lack defined attendance zones. In contrast, when a public school student switches to another public school, they must provide specific documentation to the AHSAA that showcases a “true movement,” like a family relocation or a change in guardianship.

In simpler terms, it’s about demonstrating that the entire family has moved or that there’s been a significant change, like a divorce. The AHSAA then verifies the student’s address and, assuming everything checks out, grants eligibility. In private schools, however, it’s not quite the same. There’s no geographical boundary or real transition; it’s simply a matter of paying tuition.

As private schools began creating scholarships for standout athletes—like those who run impressively fast or shoot well—the AHSAA introduced a one-year rule for players who accepted financial aid to tackle the rising concerns about eligibility fraud. This wasn’t an attempt by the AHSAA’s Central Committee to be cruel or capricious; it was about maintaining fairness and addressing some less-than-ethical practices that were surfacing.

Interestingly, last year, the Alabama legislature approved a law that redirected hundreds of millions away from public schools and toward families needing help with private tuition fees. At the time, many of these lawmakers claimed this new legislation wouldn’t impact the way the AHSAA governs eligibility.

In fact, the language of the bill was pretty clear: nothing in this act would alter the athletic eligibility of those governed by the AHSAA. It’s stated verbatim. And while opinions may vary on what this all means or what lawmakers intended, the written text is what will ultimately matter.

For me, I find it hard to believe a judge would entertain this lawsuit for long. Even setting aside the law’s wording, the situation is rather perplexing. The AHSAA operates as a private entity established by federal court rulings specifically to oversee high school athletics in Alabama, free from legislative influence. It creates its own guidelines through a governing board, and while membership is voluntary for private schools, adhering to AHSAA rules is part of the bargain.

To put it plainly, if you disagree with their regulations, you can simply opt-out. Since the association was founded in 1968, it has been clear that federal oversight doesn’t extend to governing these decisions.

And it’s noteworthy that even courts don’t have authority in this space. The Alabama Supreme Court stated in 2017 that while schools could collaborate on eligibility guidelines, the final authority rested with the AHSAA. The court can only intervene if there’s evidence of fraud or similar serious issues.

That’s important because writing poor laws doesn’t justify court intervention. Ultimately, the law’s phrasing seems to indicate that the wishes of the governor and Speaker won’t find legal support. The very lawmakers who drafted this legislation explicitly stated it wouldn’t serve to change eligibility rules. Plus, the highest courts have ruled that organizations like the AHSAA are beyond such legislative oversight.

Look, I’m not a legal expert, but this argument doesn’t seem promising.

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