262:
209:(OHSAA), which regulates interscholastic sports within the state. By the 1970s, private member schools often dominated state championships, even though they made up only about a quarter of OHSAA's 800 members. Public member schools complained that private schools in border cities were recruiting out-of-state students for varsity sports, giving them a competitive edge over public schools. The association's rule against recruiting or "school hopping" was difficult to enforce against private schools that could enroll students regardless of residence. There was a rule requiring transfer students to wait one year before joining a team, but that usually left three years of play.
30:
316:, and also attended St. Xavier: David R., a junior, Douglas R., a sophomore, and Gregory R., a freshman. All were ineligible to participate in the school's athletic programs due to bylaw 4–6–10. Alerding practiced with the wrestling team but could not participate in meets, while David Moellering had wanted to play baseball or basketball. In October 1983, their fathers, F. Dennis Alerding and Roger H. Moellering, filed suit against OHSAA and St. Xavier in the
378:
to be a fundamental privilege, extracurricular activities could not be considered fundamental either. The court acknowledged that educational opportunities may be a prerequisite for employment opportunities, but considered the impact of the bylaw to be a matter of degree. Based on these findings, the court denied the plaintiffs' requests for an injunction and declaratory judgment.
455:
boundaries. In May 2014, a majority of member school principals rejected a plan to hold separate district, regional, and state championships for public schools and private schools, similar to the proposal that failed in 1978. Instead, they voted to institute a "competitive balance" plan that took effect for six major sports during the 2017–18 school year.
402:
ruling, allowing OHSAA's bylaw to stand. By then, St. Xavier had 1,250 students, and the number of students from
Kentucky had fallen to 35. St. Xavier principal Michael Trainor predicted that the ruling would further weaken St. Xavier's Kentucky enrollment despite strong historical family loyalties to the school there.
377:
case, the court ruled that interscholastic high school athletics was not protected by the
Privileges and Immunities Clause, reasoning that school athletics pales in comparison to the employment opportunities that the clause often concerns. Given that the courts had ruled educational opportunity not
349:
denied the temporary restraining order because
Alerding and Moellering would have known about the ban prior to enrolling their sons at St. Xavier, and because the order would have forced part of the 1983–84 season to be played under temporary rules. On June 5, 1984, Judge Spiegel heard the case for
644:
In the early 1980s, too, CovCath was aided by a ruling of the Ohio High School
Athletic Association that prohibited Kentucky residents attending Ohio high schools from participating in athletics. For years, Cincinnati Moeller had attracted some of Northern Kentucky's top prep football players. But
51:
F. Dennis
Alerding, individually and as next friend of Dennis C. Alerding, a minor; and Roger H. Moellering, individually and as next friend of David R. Moellering, Douglas R. Moellering and Gregory R. Moellering, minors, Plaintiffs-Appellants, v. Ohio High School Athletic Association; Richard L.
401:
rather than the
Privileges and Immunities Clause, and that the court should consider instead whether the bylaw was related to OHSAA's objective of eliminating unfair recruiting. On December 17, 1985, the appellate court disagreed with both aspects of the appeal and affirmed the district court's
454:
Despite the prohibition on out-of-state students, OHSAA's public member schools continued to complain that private schools and public open enrollment schools enjoyed an unfair advantage over public schools by drawing students from a broader geographic area than conventional school district
217:
4, section 6.4–6.10 (originally known as rule 92G), which states in part: "A student whose parents live in another state will be ineligible for athletics in an Ohio member school." The rule took effect for incoming ninth graders in July 1979. It primarily affected schools in
385:
of Toledo introduced a bill that would have prohibited OHSAA from considering a student's state of residence in determining eligibility. Karmol said that Toledo-area schools, both public and private, supported the measure, but the bill did not advance.
212:
On
December 18, 1978, OHSAA's 661 member schools defeated a proposal that would have split schools into separate divisions for the 564 public schools and 97 parochial and private schools. Instead, they voted 65.1% in favor of adopting
332:
did not concern the constitutionality of the bylaw and cited a passage in the OHSAA constitution, which read in part: "Competitive sports are an inherent part of the total education program for students in secondary schools."
373:
281:
in addition to
Southwestern Ohio. In the 1950s, up to a third of St. Xavier students were Kentuckians. Some of St. Xavier's most best-known alumni were star athletes while living in Kentucky, including
451:
suggests that restrictions such as OHSAA's bylaw, as affirmed by the Sixth
Circuit, should be revisited in light of the increasing importance of school athletics in future career prospects.
1125:
294:. By the 1980s, St. Xavier competed in several sports at the Division I level and had won numerous district football and tennis titles and several state swimming championships.
414:
342:
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101:
90:
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of the district court granted a temporary restraining order, but the court ultimately allowed bylaw 4-6-10 to stand; this ruling was upheld without comment by the
297:
In 1980, the parents of eight
Northern Kentucky students who had been admitted to St. Xavier, including Tom Menke and Danny Mueller, sued OHSAA in Hamilton County
645:
the ruling began to keep many at home - and enabled Ray to continue his building process, which was escalated by CovCath's first state playoff appearance in 1984.
390:
367:
170:
40:
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has been cited in later cases to show that the actions of state high school athletic associations, such as OHSAA, are considered to be state action.
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had made Moeller into a nationally renowned football program that would have been capable of recruiting out of state students.
206:
186:
823:
320:, alleging that the bylaw violated the four students' constitutional right to a complete education. They sought a temporary
301:
because the students would be banned from competition under bylaw 4–6–10. The common pleas court let the rule stand, and a
636:
Gamble, Tom (December 2, 1994). "From ashes rose a state powerhouse - Once awful CovCath eyes 4th football championship".
1130:
227:
430:
582:. Vol. 81, no. 75. Dover, Ohio. Associated Press. October 5, 1983. p. C-2 – via NewspaperARCHIVE.
365:
On August 20, 1984, the district court found that the OHSAA bylaw could be considered a state action. However, citing
178:
156:
302:
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school not subject to parochial boundaries; it drew students from nearby communities in Southeastern Indiana and
488:
52:
Armstrong, Commissioner, Ohio High School Athletic Association and St. Xavier High School, Defendants-Appellees
601:
251:
943:
189:
could prohibit private high school athletic programs from recruiting students who live in neighboring states.
239:
198:
298:
1034:"Third and Goal: High School Athletic Association Restrictions and the Privileges and Immunities Clause"
997:
974:
261:
226:, where out-of-state athletes had traditionally competed. In the Cincinnati area, the new rule affected
182:
981:. Defiance, Ohio. United Press International. October 8, 1985. p. 3 – via NewspaperARCHIVE.
573:
291:
235:
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1099:
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835:. Vol. 68, no. 16. Bowling Green, Ohio. Associated Press. September 20, 1985. p. 7.
512:
398:
313:
309:
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325:
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OHSAA bylaw 4-6-10 barring out-of-state students remains in effect. A 2015 article in the
8:
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three hours, then asked attorneys for the plaintiffs to return with information on how
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1069:"OHSAA announces plan to implement competitive balance in 2017-2018 school year"
1109:
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355:
312:, and attended St. Xavier as a sophomore. Three Moellering brothers lived in
927:. Associated Press. October 15, 1983. p. B4 – via Newspapers.com.
422:
359:
223:
906:. Associated Press. March 5, 1985. p. C3 – via Newspapers.com.
657:
McLeod, Ramon G. (October 1, 1983). "Students challenge 'Moeller rule'".
382:
283:
255:
939:
John W. Zeiler, et al. v. Ohio High School Athletic Association, et al.
321:
287:
219:
265:
The flags of three states fly outside St. Xavier's football stadium.
351:
254:. It was nicknamed the "Moeller rule", because head football coach
831:
169:, 779 F.2d 315 (6th Cir. 1985) was a court case heard before the
887:, slip. op. 83-765 (N.D.Ohio February 3, 1984).
214:
415:
United States District Court for the Northern District of Ohio
343:
United States District Court for the Southern District of Ohio
318:
United States District Court for the Southern District of Ohio
102:
United States District Court for the Southern District of Ohio
612:
610:
853:. November 23, 1983. p. A8 – via Newspapers.com.
202:
1126:
United States Court of Appeals for the Sixth Circuit cases
642:. E. W. Scripps Company. p. 1K – via NewsBank.
607:
963:. October 9, 1985. p. E8 – via Newspapers.com.
681:"Court Upholds High School Ban Against Non-Ohio Athletes"
663:. E. W. Scripps Company. p. 9A – via NewsBank.
915:
913:
768:"Ruling Will Let Kentuckians Play On Ohio School Teams"
551:"Parochial, Private School Division Split Considered"
910:
751: (Ct.App. Hamilton Cty. September 16, 1981).
391:
United States Court of Appeals for the Sixth Circuit
368:
San Antonio Independent School District v. Rodriguez
171:
United States Court of Appeals for the Sixth Circuit
41:
United States Court of Appeals for the Sixth Circuit
761:
759:
757:
679:Pulfer, Mike; Kaufman, Ben L. (December 18, 1985).
324:before the end of the winter athletic season and a
674:
672:
670:
508:"Judge Requests More Information On Athletes' Ban"
501:
499:
497:
597:Alerding v. Ohio High School Athletic Association
484:Alerding v. Ohio High School Athletic Association
273:'s interparochial high schools, St. Xavier was a
166:Alerding v. Ohio High School Athletic Association
22:Alerding v. Ohio High School Athletic Association
1107:
754:
525:
523:
205:, whether public or private, is a member of the
177:is not a fundamental privilege protected by the
884:Zeiler v. Ohio High School Athletic Association
797:
667:
494:
417:on behalf of their three children who attended
898:"Family Commutes Across State Line for Sports"
744:Menke v. Ohio High School Athletic Association
921:"Federal Judge Continues Order Against OHSAA"
678:
520:
687:. p. C1, C6 – via Newspapers.com.
173:which held that the right to participate in
957:"Non-Residents Still Fighting OHSAA Ruling"
718:"St. Xavier High School Athletic Champions"
328:against the ban. The plaintiffs noted that
93:denied the plaintiffs' requests for relief.
1046:University of South Carolina School of Law
866:"Bill Hits At Out-Of-State Recruiting Ban"
591:
589:
478:
476:
474:
472:
470:
468:
28:
806:"OHSAA Out-Of-State Rule Tested in Court"
785:Paolercio, Michael (September 17, 1981).
784:
698:Paolercio, Michael (September 30, 1980).
697:
617:Paolercio, Michael (September 30, 1980).
616:
425:, along with 32 other Michigan children.
411:Bedford Township, Monroe County, Michigan
185:. In particular, the court held that the
872:. p. D6 – via Newspapers.com.
824:"Was OHSAA unfair in banning 4 players?"
812:. p. B4 – via Newspapers.com.
793:. p. D6 – via Newspapers.com.
774:. p. C2 – via Newspapers.com.
720:. St. Xavier High School. Archived from
706:. p. C1 – via Newspapers.com.
700:"St. X Tradition Dies Bitterly in N. Ky"
625:. p. A1 – via Newspapers.com.
557:. p. D1 – via Newspapers.com.
538:. p. C4 – via Newspapers.com.
516:. p. C2 – via Newspapers.com.
389:Alerding and Moellering appealed to the
260:
1013:. Ohio High School Athletic Association
847:"Students Lose 1st Bid To Play In Ohio"
765:
586:
568:
566:
564:
505:
465:
305:upheld the decision in September 1981.
136:The district court ruling was affirmed.
1108:
1066:
1031:
803:
710:
656:
635:
491: (6th Cir. December 17, 1985).
993:Alston v. Virginia High School League
863:
604: (S.D. Ohio August 20, 1984).
529:
362:treat out-of-state student-athletes.
207:Ohio High School Athletic Association
187:Ohio High School Athletic Association
1067:Beaven, Michael (January 28, 2016).
561:
548:
336:
766:Gutsell, Jeff (November 19, 1983).
13:
1116:Privileges and Immunities case law
975:"Court tackles affirmative action"
381:In response, State Representative
14:
1157:
1093:
1011:"Residence Bylaw Resource Center"
804:Howard, Allen (October 5, 1983).
409:case, John W. and Judy Zeiler of
1146:United States education case law
946: (U.S. October 7, 1985).
530:Holtz, Randy (August 15, 1980).
506:Kaufman, Ben L. (June 5, 1984).
179:Privileges and Immunities Clause
157:Privileges and Immunities Clause
1100:Residence Bylaw Resource Center
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967:
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931:
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816:
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736:
691:
574:"Prep out-of-state rule tested"
1121:1985 in United States case law
1038:Journal of Law & Education
864:Holtz, Randy (June 12, 1980).
787:"Ban On Out-Of-Staters Upheld"
650:
629:
542:
345:. On November 23, 1983, Judge
308:Dennis C. Alerding resided in
252:Covington Catholic High School
1:
1136:St. Xavier High School (Ohio)
458:
240:Cincinnati Country Day School
192:
1032:Dalton, Rachel (Fall 2015).
619:"Imported Athletes Kept Out"
449:Journal of Law and Education
419:Central Catholic High School
405:Around the same time as the
76:779 F.2d 315 (6th Cir. 1985)
7:
549:Buck, Ray (June 15, 1978).
431:United States Supreme Court
61:December 17, 1985
10:
1162:
1131:High school sports in Ohio
998:144 F.Supp. 2d 526
183:United States Constitution
1000: (W.D. Va. 1999).
749:2 Ohio App.3d 244
532:"Out-Of-State Into Court"
436:
341:The case came before the
271:Archdiocese of Cincinnati
236:Summit Country Day School
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602:591 F.Supp. 1538
413:, sued OHSAA before the
961:The Cincinnati Enquirer
925:The Cincinnati Enquirer
870:The Cincinnati Enquirer
851:The Cincinnati Enquirer
810:The Cincinnati Enquirer
791:The Cincinnati Enquirer
772:The Cincinnati Enquirer
704:The Cincinnati Enquirer
685:The Cincinnati Enquirer
623:The Cincinnati Enquirer
555:The Cincinnati Enquirer
536:The Cincinnati Enquirer
513:The Cincinnati Enquirer
399:Equal Protection Clause
314:Lakeside Park, Kentucky
266:
228:St. Xavier High School
175:interscholastic sports
944: slip op. 84-1671
354:, Indiana, Kentucky,
310:Fort Thomas, Kentucky
303:state appellate court
299:Court of Common Pleas
264:
1074:Akron Beacon Journal
489:779 F.2d 315
326:declaratory judgment
903:The Palm Beach Post
724:on January 23, 2008
660:The Cincinnati Post
427:John William Potter
232:Moeller High School
121:Robert B. Krupansky
117:Albert J. Engel Jr.
579:The Times-Reporter
267:
244:Seven Hills School
1077:. GateHouse Media
979:The Crescent-News
639:The Kentucky Post
397:pertained to the
347:S. Arthur Spiegel
337:Legal proceedings
279:Northern Kentucky
248:Northern Kentucky
162:
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145:John Weld Peck II
125:John Weld Peck II
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1079:. Retrieved
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722:the original
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360:Pennsylvania
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292:Charlie Wolf
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164:
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86:Prior action
81:Case history
50:
21:
15:
383:Dave Karmol
284:Jim Bunning
269:Unlike the
256:Gerry Faust
141:Decision by
1110:Categories
728:January 8,
459:References
322:injunction
288:Bob Arnzen
220:Cincinnati
193:Background
65:1985-12-17
1054:0275-6072
433:in 1985.
395:Rodriguez
442:Alerding
407:Alerding
352:Michigan
151:Keywords
73:Citation
1102:, OHSAA
1081:May 20,
1017:May 20,
832:BG News
181:of the
63: (
58:Decided
1052:
996:,
942:,
747:,
600:,
487:,
437:Impact
423:Toledo
374:Camden
358:, and
290:, and
275:Jesuit
242:, and
224:Toledo
1044:(4).
827:(PDF)
330:Menke
215:bylaw
37:Court
1083:2018
1050:ISSN
1019:2018
730:2007
222:and
203:Ohio
89:The
421:in
201:in
1112::
1071:.
1048:.
1042:44
1040:.
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959:.
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912:^
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789:.
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756:^
702:.
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1085:.
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