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Wednesday, February 01, 2012

Ind. Decisions - More on 7th Circuit ruling in Amber Parker case

Updating this ILB entry from yesterday on the 7th Circuit's decision to allow plaintiff's suit to proceed in the case of Amber Parker v. Franklin Comm. Schools, the Indianapolis Star has a story today by reporter Nat Newell, headed "U.S. appeals court overturns dismissal of gender-discrimination suit on Indiana high school sports." Some quotes:

The Title IX lawsuit over the scheduling of high school boys and girls basketball games will go forward after the U.S. Court of Appeals for the Seventh Circuit overturned a lower court's dismissal of the case. * * *

Tom Wheeler, the attorney for the schools, said the ruling was not unanticipated and no decision had been made on whether to appeal it. If there is no appeal, Sniderman estimated it would take 12 to 18 months for the case to reach trial.

"With respect to Franklin (County), we know there's a disparity," Wheeler said. "We said to the court, while there is a disparity, it does not impact their athletic opportunities. We're (also) resolving (the disparity)."

A summary judgment from the Indianapolis-based U.S. District Court for the Southern District of Indiana dismissed the case in October, saying the damage done to girls basketball players wasn't substantial enough.

According to the appeals court ruling, Franklin County's boys team played nearly 95 percent of its games in "primetime" -- an evening game held prior to a day without school -- while the girls played less than 53 percent of theirs. Franklin County athletic director Beth Foster testified that she attempted to increase the number of girls games played in primetime but the other athletic directors refused.

Posted by Marcia Oddi on February 1, 2012 12:44 PM
Posted to Ind. (7th Cir.) Decisions