Posted on 08/10/2007 1:19:53 PM PDT by SmithL
The governing body for high school athletics in Mississippi asked the state Supreme Court Friday to block a chancellor’s order banning outdoor activities because of the heat.
The Mississippi High School Activities Association filed a request with the high court in response to Chancellor Mitchell Lundy’s order Thursday blocking activities between 9 a.m. and 7 p.m. until the record high temperatures ease.
The order blocked, among other activities, outdoor football practice in a six-county area, including DeSoto County, as teams prepare for the start of the prep season the end of this month.
In asking the court to issue either a Writ of Prohibition or a Writ of Mandamus, setting aside Lundy’s order, the Activities Association said in its petition: "A court cannot undertake to adjudicate a controversy on its own motion where no controversy has been placed before it by a party. A court can only act when a party presents a controversy to it, and then, only if it is presented in the form of a proper pleading."
The petition added that the Chancery Court "had neither the subject matter jurisdiction over the issue of school-sponsored activities nor personal jurisdiction over the petitioners nor any other public or private school board in its judicial district."
There was no immediate response from the Supreme Court, but the case was accepted.
(Excerpt) Read more at commercialappeal.com ...
I didn’t read the link, so maybe I show my ignorance, but..........
Why is a state supreme court being asked about ruling on a decision about curtailing school activities because of hot weather? Has someone’s civil rights been violated by school officials making a determination about the weather? I just don’t get how this is in the court’s jurisdiction?
Imagine the U.S. Supreme Court being asked to rule similarly about whether the government in Washington should shutdown during snowy winter weather. This just sounds so out of place .
Judges like this should be censured and impeached for conduct like this. I have no doubt that this guy KNOWS he has no authority to issue prior restraint.
The judge had no authority to rule.
There wasn’t a case before him.
He basically declared himself emperor and issued a decree.
Fight this early or you’ll fight it often.
Let the Conquistadors and the Chargers play ball!!
One kid died, it’s a tragedy, but it has happened before, denying the others their right to excel at sports is not an answer. And that is coming form a non jock...
Do you remember the summer of 1980? Yes 1980, 27 years ago.
The temps in that area hit 106 during the day and stayed at
100 throughout the whole night !!! This lasted almost a week as I recall. I lived in the country 50 miles east of Memphis, and had no A/C !!
In this case, and this case only, I would have agree with the judge! It has not been this hot for this long, since 1980.
OTOH, wouldn’t ya think that the parents would have enough sense just to tell thee coach “my kid ain’t playing” until the heat index is below 95?
Two children have died practicing in the heat.
I remember that week quite well, as I was working with my dad farming cotton in Marshall county.
BTW, its a 100 in Memphis right now.
Actually, I think it was more like 10 days.
My son was a senior in college that year, and was spending the summer repairing aslphalt parking lots.
We will never forget the summer of 1980.
I serviced a lot of farmers in Marshall and Benton county.
I was in the two-way radio business... Maybe your dad was one of my customers ;)
Because a lower court judge made the ruling without basis, in fact without anyone requesting it! There was no case being presented to the court, and no controversial law being examined for validity. Nothing. The lower court judge legislated from the bench.
That was the year I went to the Neshoba County Fair for the first time. It was HOT.
Common sense would tell the coaches to practice early in the morning or late in the evening. And common sense would tell parents/coaches to make sure the players are properly hydrated. Some kids are not physically fit enough to practice in such temperatures. Hopefully, physicals are required by schools before a child is declared fit enough to participate in sports in such temps.
I’m not sure about the judge making the decree. However, hubby seemed to think the judge was within bounds. I can’t remember what was his reasoning. It seems like he cited some similar instance. But I’ve been outside in the heat, and my brain is not functioning properly. :)
A judge has no authority to issue decrees such as this one.
He also stated this: “It is well settled in the State of Mississippi that the Chancery Court is the guardian, custodian and caretaker of all minors in the state.”
I wouldn’t want to be a parent in Mississippi if this travesty stands.
can’t sleep eh?
i’m just enjoying the quiet...
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