Lawsuit could have major implications

COLUMBIA, Mo. -- In a move that could drastically alter upcoming postseason tournaments for Missouri high school sports teams, five high school student-athletes have filed a lawsuit against the Missouri State High School Activities Association.

The students, four from Helias in Jefferson City and one from St. Pius X in Kansas City, are challenging a private-school multiplier adopted in May by MSHSAA.

Following a vote of member schools, MSHSAA amended its by-laws to reflect that the enrollment of private schools would by multiplied by 1.35 to determine placement for state playoffs.

The new enrollment totals are to be used for the upcoming school year for every sport except football, which would be affected starting in the 2004-05 school year. District assignments for football had already been determined prior to the vote and scheduling would have needed to be done over.

The attorney representing the plaintiffs, Mark Ludwig of Carson & Coil P.C., said he expects the first court appearance to take part during the middle of this week. He added he's optimistic about the chance to get an injunction that would prevent MSHSAA from instituting the multiplier.

"We wouldn't have filed it if we didn't think we had a good chance of prevailing," he said.

Becky Oakes, executive director of MSHSAA, said the move did not come as a surprise.

"We had heard that he was planning to file suit," she said. "Now we have to sit and wait to see if anything materializes."

She said it doesn't change the association's immediate plans, as many fall sports get under way on Aug. 26.

"Our position is that through the democratic process, which has worked for over 75 years for our member schools, the schools administered a multiplier," she said. "At this point in time, we're drawing up districts using a multiplier."

The multiplier was originally brought to MSHSAA because of concerns from some member schools that private schools were winning a disproportionate number of state titles. Some advanced the notion that the enrollment practices of private schools gave those schools a distinct advantage.

A petition was circulated to propose a multiplier, it was put on a ballot and was passed. The multiplier officially took effect on July 1.

Ludwig said his clients' case is strengthened by the fact that when the issue was put on the ballot, MSHSAA recommended its member schools vote against the multiplier.

But Oakes said the reason for that recommendation was not because of a judgement about the multiplier.

"Over the past few years, the board of directors has worked very hard, on big items, to encourage schools to engage in a lot of dialogue," she said. "In the case of the multiplier, the board opposed passing it before the membership had an opportunity statewide to discuss it."

The suit alleges, among other points, that the multiplier and accompanying reclassification of schools is without reasonable basis.

It also alleges that the plaintiffs, as participants in a variety of sports at their schools, will be adversely affected by playing against larger schools in the state playoffs.