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Tuesday, January 31, 2012

Ind. Decisons - 7th Circuit decides another Indiana case today

And it is the Amber Parker case! The girls prevail to fight on another day!

In Amber Parker v. Franklin Comm. Schools (SD Ind., Lawrence), a 37-page opinion, Judge Tinder writes:

A packed gymnasium, cheerleaders rallying the fans, the crowd on their feet supporting their team, and the pep band playing the school song: these are all things you might expect to see at an Indiana high school basketball game on a Friday night. The crowd becomes part of the game; they provide motivation, support, and encouragement to the players. After all, what would a spectator sport be without the spectators? Unfortunately, this is a question the Franklin County High School girls’ basketball teams must answer every season because half their games have been relegated to non-primetime nights (generally Monday through Thursday) to give preference to the boys’ Friday and Saturday night games. Non-primetime games result in a loss of audience, conflict with homework, and foster feelings of inferiority. The question we’re asked to decide in this appeal is whether such discriminatory scheduling practices are actionable under Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681(a). We think the plaintiffs have presented a genuine question of fact that such practices violate the statute, and therefore we vacate the district court’s entry of summary judgment in favor of the defendants on this claim. We further vacate the district court’s dismissal of the plaintiffs’ equal protection claim, brought pursuant to 42 U.S.C. § 1983, on the basis of sovereign immunity. The defendants are “persons” within the meaning of § 1983, and thus, subject to suit under that statute.
For background see this May 27, 2011 ILB entry.

Posted by Marcia Oddi on January 31, 2012 03:53 PM
Posted to Ind. (7th Cir.) Decisions