Basketball tournaments on the Sabbath
Richard D. Friedman
rdfrdman at umich.edu
Fri Mar 2 21:19:08 PST 2012
The TAPPS website, http://www.tapps.net/, indicates that they agreed
to let Beren play when presented with the papers, before they were
actually filed. But the lawyer who signed the complaint -- which
included the application for the TRO -- confirmed to me that the
papers were indeed filed. I get the impression that TAPPS, while
saying adamantly that they were going to adhere to their schedule,
decided they would fold quickly if sued; I think someone there
finally realized that they were not casting themselves in a favorable light.
At 07:19 PM 3/2/2012, you wrote:
>It would look less like a discrimination claim and more like an
>exemption claim. Judges tend to naively assume that the calendar is
>a neutral set of rules, and the sharply different treatment of
>Sunday and Saturday here would make it more obvious than usual that
>that just isn't true.
>By the way, I was confused about chronology. The complaint was
>filed, and TAPPS caved, yesterday. There was another story in the
>Times this morning. Haven't heard the score of the game.
>On Fri, 2 Mar 2012 23:11:44 +0000
> "Finkelman, Paul
> <paul.finkelman at albanylaw.edu>" <Paul.Finkelman at albanylaw.edu> wrote:
> >I am guessing that the leaders of this organization never dreamed
> of a Jewish basketball team going to the finals. They never heard
> of Dolph Shayes or Nancy Lieberman.
> >More seriously: If the organization (which includes many
> Christian schools) played games on Sundays, would the Hebrew high
> school be in a weaker position?
> >Paul Finkelman, Ph.D.
> >President William McKinley Distinguished Professor of Law
> >Albany Law School
> >80 New Scotland Avenue
> >Albany, NY 12208
> >518-445-3386 (p)
> >518-445-3363 (f)
> >paul.finkelman at albanylaw.edu<mailto:paul.finkelman at albanylaw.edu>
> >From: religionlaw-bounces at lists.ucla.edu
> [religionlaw-bounces at lists.ucla.edu] on behalf of Ira Lupu [iclupu at law.gwu.edu]
> >Sent: Friday, March 02, 2012 6:03 PM
> >To: Law & Religion issues for Law Academics
> >Subject: Re: Basketball tournaments on the Sabbath
> >Today's first semi-final: Houston Beren 58, Dallas Covenant 46 --
> final is after sundown tomorrow evening.
> >Thanks, Doug.
> >On Fri, Mar 2, 2012 at 5:48 PM, Ed Darrell
> <edarrell at sbcglobal.net<mailto:edarrell at sbcglobal.net>> wrote:
> >If your position is utterly untenable as a matter of public
> relations, it may not matter that the other side's state action
> theory is very weak. But they had to file the lawsuit before common
> sense could prevail.
> >One more demonstration of the value of lawyers. Good news that
> they've scheduled the game to fit it in. Good, good news.
> >Ed Darrell
> >From: Alan Brownstein
> <aebrownstein at ucdavis.edu<mailto:aebrownstein at ucdavis.edu>>
> >To: Law & Religion issues for Law Academics
> <religionlaw at lists.ucla.edu<mailto:religionlaw at lists.ucla.edu>>
> >Sent: Fri, March 2, 2012 3:35:05 PM
> >Subject: RE: Basketball tournaments on the Sabbath
> >A somewhat similar lawsuit was litigated by students attending
> the Portland Adventist Academy (and their parents) against the
> Oregon State Activities Association which is a state actor. After 8
> years of litigation, the students succeeded in their state
> anti-discrimination claims. See Nakashima v. Bd. Of Educ., 334 Or. 487 (2008)
> >Alan Brownstein
> religionlaw-bounces at lists.ucla.edu<mailto:religionlaw-bounces at lists.ucla.edu>
> [mailto:religionlaw-bounces at lists.ucla.edu<mailto:religionlaw-bounces at lists.ucla.edu>]
> On Behalf Of Douglas Laycock
> >Sent: Friday, March 02, 2012 11:48 AM
> >To: 'Law & Religion issues for Law Academics'
> >Subject: Basketball tournaments on the Sabbath
> >Some of you may have seen the story in the Times the other day
> about the Beren Hebrew Academy in Houston, whose basketball team
> has reached the state semi-finals of the Texas Association of
> Private and Parochial Schools tournament. The semifinal game was
> scheduled for tonight; the Academy is Orthodox and observant, and
> could not play. The other school was willing to reschedule, but
> the TAPPS Board voted 8-0 not to allow that. Most TAPPS members are
> church affiliated, and as a matter of policy, it never schedules
> games on Sunday.
> >Beren parents and students filed a lawsuit this morning in the
> Northern District of Texas, alleging unconstitutional religious
> discrimination, Texas RFRA, and breach of contract (based on a
> provision in the TAPPS bylaws). The complaint's state action theory
> was that the game was scheduled to be played in a public school
> gym, which is surely not enough. The contract claim looked
> stronger, judging only by the complaint.
> >Richard Friedman at Michigan tells me that TAPPS caved as soon as
> the complaint was filed, and that the game will begin imminently
> and will be completed before sunset. If your position is utterly
> untenable as a matter of public relations, it may not matter that
> the other side's state action theory is very weak. But they had to
> file the lawsuit before common sense could prevail.
> >Douglas Laycock
> >Robert E. Scott Distinguished Professor of Law
> >University of Virginia Law School
> >580 Massie Road
> >Charlottesville, VA 22903
> > 434-243-8546<tel:434-243-8546>
> >To post, send message to
> Religionlaw at lists.ucla.edu<mailto:Religionlaw at lists.ucla.edu>
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> >Ira C. Lupu
> >F. Elwood & Eleanor Davis Professor of Law
> >George Washington University Law School
> >2000 H St., NW
> >Washington, DC 20052
> >My SSRN papers are here:
>Robert E. Scott Distinguished Professor of Law
>University of Virginia Law School
>580 Massie Road
>Charlottesville, VA 22903
>To post, send message to Religionlaw at lists.ucla.edu
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