Lee High Lawsuit

[imported_elp6n]

For the folks that are disagreeing with the premise of the lawsuit, please keep in mind that Title IX is in place for a reason: Equality.

High school sports are not fundraisers.

Sure the guys can b i t c h & moan all they want. The guys HAVE their facilities already, and no threat of losing them.
How about we toss all the male sports aside, allow the females to have the facilities & athletics exclusively. Then we'll see how you feel about Title IX.

Yes it will cost a fortune, but it should have been done already. Lee County is not exempt from the law. If Lee County doesn't want to do this, they shouldnt have built the new facilities for the boys. The boys didn't have to have fundraisers to build their facilities.

[Unchained]

Participation in Girls Softball from elementary to High School has increased by at minimum 500% in the last 5 years. I have seen this personally watching the sport from Wise to Jonesville, as well as all over Southwest Virginia (cousin played for Pound's elem team before coming to JJK). Softball is possibly the fastest growing sport there is. I think any investment to promote/improve the sport will pay dividends down the road.

What if we close all the schools that have more gyms than the Appy school system? It all ain't gonna be legally equal and a good lawyer could have a field day with this. Pennington and Jonesville both had baseball fields in the high school days. Maybe it should be fixed, before it becomes such a problem that it goes to a lawsuit. St. Paul solved some issues like this in a way that didn't cost the taxpayers much, and still allowed both groups to use the gym. One member of the school board was against buying a "curtain" to seperate the boys and girls practices, if they were forced to be in the gym at the same time. I thought the folks had done well, and really could have asked for a lot more county money....then somebody goes against a small cost item? These are the things that kept me wondering, "What is gonna come next?"

[Craes]

Guys this ain't the only problem Lee Co has....all those firing that happened and all that is an issues....seems like any time a new party gets elected to run the county the schools are in an uproar and stuff goes on....I don't know this for fact went to school in Wise, but from what I understand the people that were fired are also suing the county for discrimination.

That being said I think it should be equal how can you expect all these people to be wanting to do it when you don't promote it? If you say sorry little girl go be a cheerleader what are you saying, are you promoting them to join a sports team (not that cheerleading does not have it's place, so don't want any cheerleaders going off). But think about it, they market anything else we buy into.

[pvfan]

Sure guys have the facillities already, why? Because people actually care about the game. They go watch it, unless you've got somebody playing on the team or played it yourself nobody goes and watches female sports.

[imported_red_66]

My biggest, and only complaint is that the baseball team and their boosters raised nearly the entire cost of their improvements because the school board wouldn't give them the money they needed. Before the baseball boosters were formed, Lee High's field was barely suitable to play on, after they were formed the field recieved new lights, new bleachers, a very nice field house with two batting cages, pitchers mound, dressing rooms, coaches office, fully equipped concession stand, and two restrooms, as well as new sod to cover the infield. The school board may have given them the same amount they give all the other sports teams in the county(including girls sports) but that was barely enough to cover new uniforms to replace the ones that were being used for 8+ years. Point being, the baseball boosters raised that money over a period of five years. I think the girls deserve equal rights and all that, but I also think they should have to raise at least part of the money just as the baseball team did.

[TheBeast]

From what I read I may be wrong I didn't go back and check the first post about this, but these parents are wanting softball fields put at all the MIDDLE schools and the high school is not at question. The county is only liable IMO for the money that they actually put into the baseball program. If they give each sport the same amount of money based on a scale of participation then there is no case for them. The county has no control over the money coming from and outside source.

[ QUOTE ]
the suit claims the system fails to offer girls softball at Pennington Middle School.


[/ QUOTE ]
Hence my case saying that these parents are just wanting the school to provide everything and put up the money for their little girl to play softball instead of them putting up the money and having her play little league softball like she should. Probably a holdback and is now to old to play little league and not in high school so she has to set out and not play anything till she gets to high school.

"Injunctive relief sought includes requiring the board to sponsor and fund a girls softball team and to provide their daughters with treatment and benefits equivalent to that provided to the boys athletic teams at Lee County public schools" , It kinda sounds like they are asking for equal facilities.

[beamer_ball]

Here's another article on the issue:


Lack of softball sparks lawsuit against Lee County School Board

Friday, February 17, 2006
By WALTER LITTRELL
Times-News

BIG STONE GAP - A Pennington Gap family has filed a lawsuit in U.S. District Court in Big Stone Gap against the Lee County School Board claiming the board illegally denies their daughters an equal opportunity to participate in interscholastic and other school-sponsored athletics as compared to male students.

Specifically, the suit claims the system fails to offer girls softball at Pennington Middle School.

The basis for the suit is cited as violations of the Equal Protection Clause of the 14th Amendment and Title IX requirements which state: "No person in the United States shall, on the basis of sex, be excluded from participation in ... any education program or activity receiving federal financial assistance."

The action seeks a declaratory judgment that the board has violated their daughters' rights under federal law and an injunction requiring the board to immediately cease its discriminatory practices and to remedy the effects of its practices and conduct. Injunctive relief sought includes requiring the board to sponsor and fund a girls softball team and to provide their daughters with treatment and benefits equivalent to that provided to the boys athletic teams at Lee County public schools.

The suit also asks that the plaintiffs be allowed to recover reasonable attorney's fees and costs.

The suit was filed Nov. 2 on behalf of Myron and Joyce Hatfield as parents of their minor daughters. The suit was initially against the board, Superintendent Fred Marion in his official capacity and "Does 1 through 50."

In reference to the "Does," the suit states: "The named plaintiffs are ignorant of the true names and capacities of Does 1-50 but believe them to be employees of Lee County public schools or members of the Lee County ... Board of Education. Plaintiffs will seek to amend this complaint to set forth their true names and capacities when they are ascertained."

A motion to dismiss Marion was filed on Dec. 14. The motion argued that the plaintiffs bring no claims against the superintendent in his official or individual capacity and that there are no claims for monetary damages against Marion in his official capacity. It further states that joining both the superintendent in his official capacity and the board itself is unnecessary and redundant.

A joint stipulation of dismissal, dismissing Marion with prejudice, was submitted on Jan. 3.

The Hatfields - represented by Samuel J. Schiller of Cookeville, Tenn.; Ray Yasser of Tulsa, Okla.; and Sue Ella E. Kobak of Pennington Gap - allege in their lawsuit that the defendants have discriminated against their daughters in the areas of funding athletics, scheduling games and practices, transportation, and provision of locker rooms and facilities for both practice and competition.

The parents say one of their daughters is a talented athlete who participates in softball and basketball at Lee High, where she has endured the unequal treatment and benefits directed by the Lee County school system toward its female athletes.

Another daughter, who attends Pennington Middle School, is also described as a talented athlete who participates in basketball, volleyball, track and softball. The suit claims this daughter is forced to participate on a recreational league team as there is no softball team at Pennington Middle.

Other claims of discrimination state that the school system provides a lighted field and indoor practice facilities for the Lee High baseball team and supplies access to superior locker rooms and practice and/or competition facilities to boys as compared to girls.

"The imbalance in the treatment of female and male athletes at Lee County public schools and in particular at Lee High School ... demonstrates Lee County public schools' failure to comply with Title IX," states the suit.

In an answer to the suit, filed Dec. 22 by counsel R. Lucas Hobbs, the board admits it does not provide a softball team at Pennington Middle School and states that other allegations throughout the suit are jurisdictional allegation and/or legal conclusions to which no factual response is required.

The response denies that the Hatfields' daughter has endured unequal treatment and that other female students at Pennington Middle are not afforded opportunities to participate in athletics at least comparable to the opportunities offered to males.

A bench trial for the case has been scheduled for Sept. 14 and 15 in Big Stone Gap.

[1inStripes]

These parents need to look at the baseball fields at Pennington, and Jonesville. Neither one really has one IMO. They are horrible as well. They did build a really nice softball field at JMS for Lee High's girls, and why cant the PMS use the little league fields in the area anyway.

I am all for equality, but this isn't inequality IMO. Heck, if you count up the sports, and counting cheerleading, I would just about bet money that they come out even at the middle schools for guys and girls. It may be splitting hairs, but it counts. Cheerleading is classified as a sport to the VHSL.