Supreme Court rules on OHSAA request

Van Wert independent sports

COLUMBUS — At least for now, the Ohio Supreme Court has sided with the Ohio High School Athletic Association in the fight over Competitive Balance.

The state’s high court announced Monday evening that it was granting OHSAA’s motion for emergency stay of enforcement of a temporary restraining order (TRO) issued August 15 by Judge Robert P. Ruehlman in Hamilton County Common Pleas Court. The Court further halted all proceedings in the Hamilton County action while it considers the merits of OHSAA’s Supreme Court complaint. The TRO was regarding a component of the OHSAA’s Competitive Balance process as it applies specifically to Cincinnati Roger Bacon High School and the other seven members of the Greater Catholic League Coed Division.

Last Thursday, the OHSAA filed a complaint for a writ of prohibition with the Ohio Supreme Court, contending that Judge Ruehlman didn’t have jurisdiction to decide the underlying claims against OHSAA, as the OHSAA is a private association and its member schools are volunteer members who vote on their own Bylaws and Constitution.

The hearing scheduled for today in Hamilton County is now canceled and the Ohio Supreme Court has set a briefing schedule to consider the merits of OHSAA’s Supreme Court complaint. A date has not been set for when the Ohio Supreme Court will make a decision.

“We are pleased that the Ohio Supreme Court has stayed enforcement of the TRO and has taken jurisdiction to hear the merits of our case,” Joe Callow, partner at Keating, Muething and Klekamp PLL (KMK) said. “As we said before, we do not believe that courts can interfere with the internal affairs and application of the bylaws of the OHSAA, which were duly adopted by the member schools.”

“We understand that this case isn’t over, but we are encouraged that the Ohio Supreme Court heard our complaint and intervened,” OHSAA Executive Director Jerry Snodgrass said. “This means that we are currently planning to move forward with our schools’ tournament assignments in football, soccer and volleyball as approved by our Board of Directors in January 2018.”

“Competitive Balance was voted into place by our member schools in 2014 and there is a process in place that they can seek a change to a bylaw, Snodgrass added. “We will continue to strongly defend the bylaws that our schools have adopted and have the opportunity to amend or change.”

The Competitive Balance process determines how schools are assigned to postseason tournament divisions in football, soccer, volleyball, basketball, softball and baseball.

The lawsuit has no effect on regular season schedules, which are now underway. However, if the OHSAA is not ultimately successful in its appeal, it could require the divisional assignments to be recalculated mid-season for those sports that are affected by Competitive Balance.