If your position is utterly untenable as a matter of public relations, it may
not matter that the other side’s state action theory is very weak. But they
had
to file the lawsuit before common sense could prevail.
One more demonstration of the value of lawyers. Good news that they've
scheduled the game to fit it in. Good, good news.
Ed Darrell
Dallas
________________________________
From: Alan Brownstein <[email protected]>
To: Law & Religion issues for Law Academics <[email protected]>
Sent: Fri, March 2, 2012 3:35:05 PM
Subject: RE: Basketball tournaments on the Sabbath
A somewhat similar lawsuit was litigated by students attending the Portland
Adventist Academy (and their parents) against the Oregon State Activities
Association which is a state actor. After 8 years of litigation, the students
succeeded in their state anti-discrimination claims. See Nakashima v. Bd. Of
Educ., 334 Or. 487 (2008)
Alan Brownstein
From:[email protected]
[mailto:[email protected]] On Behalf Of Douglas Laycock
Sent: Friday, March 02, 2012 11:48 AM
To: 'Law & Religion issues for Law Academics'
Subject: Basketball tournaments on the Sabbath
Some of you may have seen the story in the Times the other day about the Beren
Hebrew Academy in Houston, whose basketball team has reached the state
semi-finals of the Texas Association of Private and Parochial Schools
tournament. The semifinal game was scheduled for tonight; the Academy is
Orthodox and observant, and could not play. The other school was willing to
reschedule, but the TAPPS Board voted 8-0 not to allow that. Most TAPPS members
are church affiliated, and as a matter of policy, it never schedules games on
Sunday.
Beren parents and students filed a lawsuit this morning in the Northern
District
of Texas, alleging unconstitutional religious discrimination, Texas RFRA, and
breach of contract (based on a provision in the TAPPS bylaws). The complaint’s
state action theory was that the game was scheduled to be played in a public
school gym, which is surely not enough. The contract claim looked stronger,
judging only by the complaint.
Richard Friedman at Michigan tells me that TAPPS caved as soon as the complaint
was filed, and that the game will begin imminently and will be completed before
sunset. If your position is utterly untenable as a matter of public relations,
it may not matter that the other side’s state action theory is very weak. But
they had to file the lawsuit before common sense could prevail.
Douglas Laycock
Robert E. Scott Distinguished Professor of Law
University of Virginia Law School
580 Massie Road
Charlottesville, VA 22903
434-243-8546_______________________________________________
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