Liz Prince Dr. Peetz Sport Law Case Presentation 03.11.2014 Louisiana High School Association v.

Saint Augustine High School, 396 F.2d 224; 1968 U.S. App. LEXIS 7035. Final Decision Date - May 8, 1968. Facts: The Louisiana High School Association (hereafter referred to as LHSA) was established in 1920 and consisted solely of white student-body and faculty schools until 1962; LHSAs initial constitution contained a white-only clause and did not have a predominately black high school apply for membership until 1964. On August 14, 1964, Saint Augustine High School (hereafter referred to as SAHS), an all black senior high school, applied for membership to the LHSAA. At the time of application, SAHS was an accredited program with a stellar academic record; 70-80% of its students went on to college, including Ivy League schools. In addition to its success in academics, SAHS also excelled in athletics. After SAHSs application submission to LHSA, St. Augustines application was not immediately considered. The LHSA met and amended their constitution which resulted in a drastic change to the procedure for admitting new schools; the LHSAA executive committee added a requirement to the admission process requiring a schools application for membership be approved by two-thirds of the schools in the district in which the school would be competing. After this post-facto addition, SAHSs application was put to a vote for consideration. Thereafter, St. Augustines application for admission was denied with a vote of 185 votes denying membership and 11 in favor. Absent the new approval vote requirement, SAHS met all other requirements to be granted membership listed below: (1) the applicant must be a Louisiana high school, approved and accredited by the state; (2) the school must, through its principal, make application in writing to both the executive committee of the LHSAA and to the particular district of the Association in which it is to compete, and (in the case of a school with more than 400 male high school students) submit with its application the sum of $100.00, representing dues for the first year of membership; and (3) the school must agree to conform to the rules and regulations of the LHSAA. Therefore, Saint Augustine High School filed a class action lawsuit (along with the entire student body and other black students in similar situations throughout the State of Louisiana) after being denied membership by the Louisiana High School Athletic Association. Issue(s):

I. II.

Does the action of the Louisiana High School Athletic Association constitute state action? Does the act of the Louisiana High School Athletic Association of placing the requirement of 2/3 approval vote in the sole discretion of the member-institutions, as a prerequisite to membership approval, violate the 14th Amendment?

Rule: LHSAA is deemed a state actor by the courts for several reasons: (1) 85% of the member schools are public schools, (2) funding comes from state resources, (3) employees are considered state employees, (4) it enforces eligibility rules, forms contracts, etc. Additionally, the arbitrary vote used to deny SAHS membership violates the 14th Amendment because no other reasonable inference can be drawn from the evidence other than the denial was based solely upon racial grounds. As a result, a high school athletic association can make reasonable, nondiscriminatory standards for granting membership, but membership cannot be denied to those schools who meet the already established standards. Analysis: Although the actions of the LHSAA may not be shocking for that of 1960s Louisiana, it never ceases to send a cringe throughout and have thanks for the court system actually doing its job and finding justice and equality through the courts rulings. Here, the court made the proper ruling in siding with St. Augustines High School. Since the LHSAA is deemed a state actor, they are to be held to the standards of the US Constitution - including equal protection and due process to all. Conclusion: The initial court hearing the case, the US District Court, found in St. Augustines favor requiring the LHSAA to immediately admit SAHS as a new member. Additionally, LHSAA was enjoined from denying membership to any school based solely upon an arbitrary vote of its members; they are also required to explain to the non-member school the specific qualification the school has failed to meet, if they are denied membership. And the LHSAA is further enjoined from discriminating or engaging in any practice, procedure, or activity for the purpose of discriminating against any school for the reason of race, creed, or color of its student body or faculty. Said ruling was then affirmed by the Fifth Circuit Court of Appeals, enjoining the LHSAA from denying membership to any high school which met the express membership requirements.