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ROBINSON v. KANSAS STATE HIGH SCHOOL ACTIVITIES ASS'N5/31/1996
The opinion of the court was delivered by
This case addresses the rule-making authority of the Kansas State High School Activities Association, Inc. (KSHSAA). The
district court after a bench trial enjoined enforcement of all KSHSAA rules, holding the rules are void ab initio because they are the product of an unconstitutional delegation of legislative power. According to the district court, the rules violate Article 2, ยง 1 of the Kansas Constitution. Additional issues concern whether: (1) the plaintiffs have standing to bring this action and (2) the unconstitutional delegation issue was properly before the district court for decision.
Two fathers, each with two minor sons who play basketball, sued KSHSAA, seeking relief from four rules concerning eligibility for high school and junior high school interscholastic basketball competition. The fathers sought a declaratory judgment, quo warranto, an order of mandamus, and a permanent injunction. The district court stayed the injunction, pending appeal. Our jurisdiction is under K.S.A. 60-2101(b) (a final judgment of the district court in which a Kansas statute was held to be unconstitutional).
We reverse and hold: (1) The fathers have standing; (2) the unconstitutional delegation issue is before us for review; and (3) KSHSAA's rules are not void and unenforceable as an unconstitutional delegation or sub-delegation of legislative power.
The fathers also alleged in district court that KSHSAA acted beyond its jurisdiction in adopting the questioned rules and that the rules were arbitrary and capricious. The merits of these theories were not addressed by the district court; thus, we do not reach them on appeal.
FACTS
Brook Robinson is the father of Brook, Jr., a freshman at Wichita Southeast High School, and Brandon, now a 7th-grader. Both boys play basketball. Charles Gunter is the father of Chuck, a senior on the varsity basketball squad at Wichita Southeast, and Mario, a freshman at the same school.
The fathers challenge the following four KSHSAA rules: Article 5, Section 1 of Rule 33 ("three players to a squad rule"), Article 4, Section 1 of Rule 33 ("anti-competitive team camp rule"); Article 1, Section 1 of Rule 22 ("outside team rule"); and Section 1 of Rule 26 ("anti-clinic and private instruction rule"). The "three-player
rule" may have been repealed, thus possibly mooting the question of its validity. (See "KSHSAA Cuts Down Restrictions," The Topeka Capital-Journal, Sunday, April 21, 1996, 15-F.)
The "anti-competitive team camp rule" prohibits basketball players from attending competitive team camps in summer or school-organized practices during spring or summer. The rule generally prohibits coaches from basketball-related contacts with their players during those times (except for a one-week team camp). Students may individually attend summer basketball camps that are not school-organized. Soccer and baseball do not have similar restrictions. The fathers desire that their sons have the freedom to attend competitive team camps in the summer, play in summer leagues with school teammates, receive summer instruction from their coaches, and have the freedom to decide what summer activities they will engage in without being penalized by KSHSAA.
The "outside team rule" prohibits a student from playing on both a school team and a non-school team during the basketball season. Mario and Brook, Jr., could not play YMCA basketball during the basketball seasons of their schools. Brandon will not be able to play YMCA and Salvation Army basketball without losing his eligibility. if he plays on a middle school team.
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