"The Law Is A Ass......"

I believe it was Mr. Bumble, in Charles Dickens' Oliver Twist, who said, "If the law supposes that, the the law is a ass--a idiot."  [sic] 

I don't particularly like when the courts get involved with many matters outside of the criminal system.  But I was hoping the legal avenue would right what I think is an egregious wrong in the instance of the local high school basketball player deemed ineligible by the state high school athletic association for transferring "for athletic purposes."

The kid, obviously, transferred from Macomb Dakota to Clarkston to play basketball.  I don't know the exact motivation.  The star All-State Clarkston player is a buddy of his.  The Clarkston coach is outstanding.  Clarkston is the defending state champion and will like be a strong contender again this March.  But the claim he transferred for academics seems very far-fetched to me.  Is Dakota that rotten?

But, I think, that is all irrelevant.  Who cares why the kid transferred?  Oh, I didn't mention that his parents moved (a condominium I think) into the Clarkston school district.  Yep, they (including the kid) are now legal residents of the Clarkston school district.  He is going to high school where he lives!

And yet the Michigan High School Athletic Association ruled him ineligible for 180 days, in effect the entire basketball season.  That is wrong, very wrong, on many counts.

First, who is the MHSAA to say a legal resident of a school district can't participate in his/her  school's programs?  If the courts are there to right wrongs, the judge yesterday should have at least stayed the MHSAA ruling.  I know even the kid's lawyers said she was "bound by case law."  But, well, Mr. Bumble was right.  "If the law supposes that......"

Second, Dakota apparently had a very similar situation in the recent past, where a star basketball player transferred there to play with one of his buddies, also a star.  (I think they even went on to play in college together.)  MHSAA rules state that the school from which the transfer is leaving must sign off on it.  The other school signed off on the Dakota transfer.  Dakota didn't sign off on the Clarkston transfer.  I think this goes beyond the ruling and the law and I think you know what I mean!  In fact, if real justice would be served, for being this way, other schools should call Dakota and refuse to play against them.  Of course, that won't happen.  Sports are far more important than principles.

Third, the MHSAA claimed the association wasn't "being selective" in its ruling on this case.  I presume he tried to say it with a straight face.  He cited a couple of other similar cases this year.  Gee, in the whole state of Michigan three or four such cases?  I hardly know where to start.  Why is there no investigation and ruling on the many high schools that, say, annually end up with as many as 11 or 12 Division 1 college signees? (The instances are legion.)  Why is there no investigation of, say, out-of-state transfers who miraculously end up at the same athletic powerhouse high schools?  (Well, it's obviously for the academics, certainly not athletics!)  I know the MHSAA said it can only investigate if there is a complaint.  That's hooey of the first degree.  So, if a known drug dealer is murdered, a prosecutor can't file charges against the perpetrator unless there is a complaint?  I know there is a difference here, between criminal law and MHSAA rules.  But I think the principle is the same.

Fourth, a kid is losing an entire year of his basketball life.  No doubt he'll be fine, move on to MSU next year and everyone will forget it.  But those of us who have played sports know those times, even a single year, are to be treasured throughout our lifetimes.  And he's getting cheated out of it by petty adults--both at Dakota and the MHSAA.  I suppose I could toss in the judge who refused to issue the injunction; case law be damned in this instance.  If case law perpetrates wrong-doing, then get rid of it.

Fifth, where is the leash on the MHSAA?  Again, it claims that it only enforces rules agreed upon by its member schools.  Again, that's hooey.  What other schools, other than Dakota, really care--or should care--if this kid plays at Clarkston?  Are they afraid of losing?  Then why don't they contact the MHSAA about the other high schools who have accumulated Division 1 talent?  I know from personal experience that the MHSAA acts arrogantly, knowing apparently, there is no rein, no check on it.  In the distant past, I have contacted it by maybe five or six letters (before computers/e-mails) about matters and didn't receive a peep from it.

In all, I think this is a travesty.  Maybe it's all about the undue important and emphasis placed on athletics in high school.  I'm willing to concede that, that sports have become, well, something that they shouldn't have become.  That's not just a high school problem, though.  I'm concerned here just about this instance, when a kid who has been wronged has not received the remedy to that wrong.  I think the most important thing to remember is, academics or athletics--who cares?--the kid and his family are legal residents of the school district where he attends school.

Again, as usual, forgive any typos and misspellings.  It's very early and I'm in a hurry to start my day.