Opinion

Jones v. Massachusetts Interscholastic Athletic Association

Court
District Court, D. Massachusetts
Filed
Oct 11, 2022
Cited by
0 cases
Authority
More cited than 22.9%

The opinion

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

)

SARAH JONES, )

as next friend of her minor child )

“Jimmy,” on behalf of herself and )

all others similarly situated; )

)

and )

)

JOHN SMITH and JANE SMITH, )

as next friends of their minor child ) Case No. 22-CV-11426-AK

“Timmy,” on behalf of themselves and )

all others similarly situated; )

)

Plaintiffs, )

)

v. )

)

MASSACHUSETTS INTERSCHOLASTIC )

ATHLETIC ASSOCIATION, )

)

Defendant. )

)

MEMORANDUM AND ORDER ON

PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

A. KELLEY, D.J.

In this action, the Court is asked to issue an injunction requiring the Massachusetts

Interscholastic Athletic Association (“Defendant or “MIAA”), which governs high school

athletics in the Commonwealth, to permit two students enrolled in a statewide virtual public high

school to participate in athletics as members of the teams of their local brick-and-mortar high

schools. For the reasons stated below, the Court DENIES Plaintiffs’ motion for injunctive relief.

I. BACKGROUND

a. The Parties

The Plaintiffs in this action are Sarah Jones, mother of “Jimmy,” and John and Jane

Smith, parents of “Timmy.”1 Jimmy is a seventeen-year-old student at The Education

Cooperative Connections Academy (“TECCA”), a statewide online public school in

Massachusetts that serves students in kindergarten through 12th grade. [Dkt. 4-1 at ¶¶ 9, 4].

Jimmy was born in the Russian Federation in 2005, adopted by Sarah Jones at the age of 18

months, and attended Duxbury High School before enrolling at TECCA in 2021. [Id. at ¶¶ 25–

27]. Sarah Jones cites Jimmy’s club hockey schedule as well as challenges related to his

organization and processing abilities, likely related to his potential neglect and malnourishment

as an infant in Russia, as factors in her decision to enroll him in TECCA. [Id. at ¶¶ 28–35].

Timmy is a sixteen-year-old, 10th grade student at TECCA. [Id. at ¶ 43]. He suffers from

a social anxiety disorder and sensory integration dysfunction. [Id. at ¶ 40]. Timmy attended

brick-and-mortar public schools, where he experienced bullying, until 6th grade. [Id. at ¶ 41].

His parents chose to enroll him at TECCA beginning with his 7th grade year in 2019, citing the

psychological harm inflicted upon him by bullying at his prior school as a factor in their

decision. [Id. at ¶¶ 42–43].

1 The names of Plaintiffs and their minor children are all pseudonyms. Prior to removal, the Norfolk County

Superior Court granted Plaintiffs’ motions to proceed pseudonymously on a temporary basis. [See Dkt. 1-1 at 6].

However, in light of these orders’ temporary basis, along with recent First Circuit precedent governing

pseudonymous litigation, on October 11, 2022, this Court ordered [Dkt. 26] that if Plaintiffs wish to proceed under

pseudonyms, they must file a motion to proceed pseudonymously, as well as a document under seal containing

Plaintiffs’ true identities. Doe v. Massachusetts Inst. of Tech., 46 F.4th 61, 70 (1st Cir. 2022) (holding that, where a

Doe’s “true identity is unknown” to the Court, it is “problematic because it renders a meaningful recusal check

impossible,” while also creating circumstances where “giving the judgment preclusive effect in future litigation

would be dicey. It follows that courts tasked with resolving pseudonymity motions must be afforded the anonymous

party's true name under seal.”).

MIAA is a not-for-profit association that governs most high school athletics in

Massachusetts. [Id. at ¶ 58]. MIAA includes approximately 375 member schools, including a

large majority of the public secondary schools in the Commonwealth. [Id. at ¶¶ 58–59].

Pursuant to state statute, local school boards have delegated to MIAA the power to govern and

regulate competitive athletic events with its member schools. [Id. at ¶ 59].

b. TECCA

TECCA is a public school certified by the Massachusetts Department of Elementary and

Secondary Education (“DESE”) that is open to students throughout all of Massachusetts. [Id. at

¶ 51]. As a statewide virtual school, it is distinct from district virtual schools, which enroll

students from only a limited geographic area in online classes. [Id. at ¶ 57]. The school is

subject to state achievement and accountability standards, is accountable to DESE, and does not

charge tuition. [Id. at ¶ 52]. TECCA offers a full array of special educational services for

students with disabilities. [Id. at ¶ 54].

Pursuant to the rules and procedures described infra, students at TECCA had for many

years played for the athletic teams of their local district brick-and-mortar high schools. [Id. at ¶

55]. TECCA has not sponsored athletic teams because its student body lives throughout the

state. [Id. at ¶ 56]. However, TECCA recently applied to become a member of MIAA. 2

2 Defendant states it received TECCA’s application for membership on September 13, 2022. [Dkt. 17 at ¶ 5].

Defendant further states the application as filed (and attached as an exhibit to MIAA’s supplemental opposition

filing [see Dkt. 17-3]), is “incomplete[,] … only anticipates offering cross-country – not soccer or lacrosse,” and

also does not select the option on the form that would allow students like Plaintiffs, whose schools are too small to

have their own sports teams, to participate in their local district public schools’ teams. [Id.] The Court has yet to be

informed as to the status of TECCA’s recent application.

c. MIAA Rule 51 and Waivers

MIAA publishes a handbook that contains, among other items, rules that govern student

eligibility to participate in MIAA athletic programs. [Id. at ¶ 66]. Rule 51 is the baseline

eligibility rule, and provides that:

For a student to practice with, or to represent a MIAA member school in athletic

competition, the student must be duly enrolled in that school. Additionally, the student

must be a candidate for that school’s diploma, subject to the jurisdiction of that school’s

principal (i.e. the principal must have the authority to suspend the student from classes),

and under the supervision of that school principal (i.e. the principal must have control and

knowledge of the student’s daily attendance and achievement).

[Id. at ¶ 67]. Rule 51 thus generally requires that a student must be enrolled at a school in order

to be a member of any of that school’s athletic teams. [Id. at ¶ 68].

The MIAA handbook contains further rules detailing procedures by which students not

enrolled at a school may be eligible to join that school’s teams. [Id. at ¶ 71]. These procedures

include separate approval processes, and, in at least some instances, require students to seek a

waiver of the Rule 51 restriction from MIAA on Form 200, which is MIAA’s pre-created wavier

form. [Id. at ¶¶ 69, 71–72]. These rules creating exceptions to Rule 51 have permitted, for

example, home schooled students, foreign exchange students, middle school students attending a

combined middle-high school, and students attending virtual public schools to participate on

high school athletic teams. [Id. at ¶ 68].

Effective July 1, 2022, MIAA amended Rule 51 as follows:

Students attending Virtual Schools do not meet any of the above requirements, therefore

are ineligible to participate in interscholastic athletics at MIAA Member Schools.

Waivers are not permitted for Rule 51.

[Id. at ¶¶ 73, 75]. MIAA did not simultaneously make changes to the rules permitting other

types of non-traditional students to join high school athletic teams. [Id. at ¶ 76]. MIAA issued a

Rule Clarification, which indicated that “‘A virtual school is a separate educational entity where

students dis-enroll from their traditional school and attend a virtual school by CHOICE,’” and

compared students enrolled in virtual public schools to students enrolled in private schools, who

are likewise not permitted to join the athletic teams of their local public high schools. [Id. at ¶

77; see also id. at p. 38].

d. Effect of Rule 51 on TECCA Students

Since enrolling at TECCA, Jimmy and Timmy have each participated on the athletic

teams of their local brick-and-mortar public high school. In the spring of 2022, Jimmy sought to

play lacrosse on the Duxbury High School junior varsity team. [Id. at ¶¶ 34–35]. The Duxbury

High School athletic and academic administrations applied for a MIAA waiver on Jimmy’s

behalf, and MIAA granted that waiver, permitting Jimmy to compete in the spring 2022 season.

[Id. at ¶ 35].

In each year since 2019, Timmy has sought to play soccer with his local public school

teams. [Id. at ¶¶ 42–44]. He received a MIAA waiver allowing him to play in each season from

2019 through 2021. [Id.]

Plaintiffs allege that the amendment to Rule 51 as of July 1, 2022, will prohibit both

Jimmy and Timmy from participating any further on their local public schools’ athletic teams.

[Id. at ¶¶ 37, 46]. Specifically, Timmy seeks to play soccer in the fall 2022 season, while Jimmy

seeks to play lacrosse in the spring 2023 season. [Id.] Moreover, Plaintiffs allege there may be

up to 35 similarly situated students who could bring claims involving near-identical questions of

fact and law as those raised by Jimmy and Timmy and indicate an intent to pursue a class action

on such basis. [Id. at ¶¶ 16–21].

e. Procedural History

On August 24, 2022, Sarah Jones, as next friend of Jimmy, filed suit against MIAA in

Norfolk County Superior Court, alleging that the amendment to Rule 51 violated both Jimmy’s

Fourteenth Amendment due process rights and the Massachusetts Administrative Procedure Act.

[See Dkt. 1-1 at 1–37]. Ms. Jones simultaneously filed an emergency motion for a preliminary

injunction seeking to bar enforcement of the amendment to Rule 51. [See Dkt. 1-1 at 40–44].

On August 31, 2022, Plaintiffs served their First Amended Complaint. [See Dkt. 4-1; see also

Dkt. 7 at ¶ 4]. This complaint added the Smiths, as next friends of Timmy, as plaintiffs, and

further indicated that “approximately 35 other students attending statewide virtual public schools

in Massachusetts may ultimately make up a class of Plaintiffs with identical claims. [Dkt. 4-1 at

¶ 13].

On September 6, 2022—and with Ms. Jones’s emergency motion still pending—MIAA

timely removed this case to federal court. [Dkt. 1]. On September 7, 2022, Plaintiffs filed a

renewed emergency motion for a preliminary injunction [Dkt. 5], along with an accompanying

memorandum of law [Dkt. 6] and affidavit by counsel [Dkt. 7]. MIAA opposed Plaintiffs’

motion. [Dkts. 15, 17]. On September 13, 2022, the Court held a hearing on the motion, during

which it directed the parties to confer as to whether a temporary compromise could be reached

for the sake of the students wishing to play this year. [See Dkts. 16, 24]. Such a compromise

would have permitted the Court to address the issues of law presented in this case only once—

after the conclusion of discovery and full briefing on the merits—rather than in this posture.

Moreover, Plaintiffs informed the Court at the motion hearing that TECCA had an

application to join MIAA already prepared and ready to submit—raising the prospect of potential

compromise if MIAA were to receive and begin processing TECCA’s application (with the

ostensible likelihood TECCA would be accepted as a member school), and thereafter agree to

suspend application of its amendment to Rule 51 for the remainder of the academic year—

effectively giving the case time to either be fully litigated on the merits, or otherwise rendered

moot. However, the parties were unable to reach any sort of agreement [see Dkts. 21, 23], and

the Court now addresses the motion.

II. LEGAL STANDARD

A preliminary injunction is “an extraordinary remedy never awarded as of right.” Winter

v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 24 (2008). When considering a preliminary

injunction, the Court must evaluate “(1) the plaintiff’s likelihood of success on the merits; (2) the

potential for irreparable harm in the absence of an injunction; (3) whether issuing an injunction

will burden the defendants less than denying an injunction would burden the plaintiffs; and (4)

the effect, if any, on the public interest.” González-Droz v. González-Colon, 573 F.3d 75, 79

(1st Cir. 2009) (quoting Boston Duck Tours, LP v. Super Duck Tours, LLC, 531 F.3d 1, 11 (1st

Cir. 2008)). The party seeking the preliminary injunction “bears the burden of establishing that

these four factors weigh in its favor.” Esso Standard Oil Co. v. Monroig-Zayas, 445 F.3d 13, 18

(1st Cir. 2006).

III. DISCUSSION

The Court considers each of the four factors discussed above in turn, and whether

Plaintiffs have met their burden of establishing that they weigh in their favor.

a. Likelihood of Success on the Merits

To demonstrate a likelihood of success on the merits, a plaintiff seeking a preliminary

injunction must show “more than mere possibility of success—rather, they must establish a

‘strong likelihood’ that they will ultimately prevail.” Sindicato P.R. de Trabajadores v. Fortuño,

699 F.3d 1, 10 (1st Cir. 2012) (quoting Respect Maine PAC v. McKee, 622 F.3d 13, 15 (1st Cir.

2010)). Courts place “particular emphasis” on this factor, Get In Shape Franchise, Inc. v. TFL

Fishers, LLC, 167 F. Supp. 3d 173, 198 (D. Mass. 2016), as, if the moving party cannot

demonstrate they are likely to succeed, “the remaining factors become matters of idle curiosity,”

id. (quoting New Comm Wireless Servs., Inc. v. SprintCom, Inc., 287 F.3d 1, 9 (1st Cir. 2002)).

The Court need only determine the “probable outcome” of the underlying claims; it need not

resolve the issues presented with certainty. See id.

i. Claim 1: Equal Protection

Here, the Plaintiffs assert two causes of action. First, they assert a federal constitutional

claim under the Equal Protection Clause of the Fourteenth Amendment, arguing that MIAA

impermissibly discriminated against Plaintiff students on the basis of their attendance at a virtual

public school. An Equal Protection Claim requires “proof that (1) the person, compared with

others similarly situated, was selectively treated; and (2) that such selective treatment was based

on impermissible considerations such as race, religion, intent to inhibit or punish the exercise of

constitutional rights, or malicious or bad faith intent to injure a person.” Freeman v. Town of

Hudson, 714 F.3d 29, 38 (1st Cir. 2013).

Courts apply different levels of review, or scrutiny, to Equal Protection Clause claims

based off the type of impermissible classification the plaintiff alleges the defendant made. A

“suspect class,” such as race, religion, or national origin, receives a heightened level of scrutiny.

Mazzarino v. Massachusetts State Lottery Comm’n, No. 21-CV-11516-MPK, 2022 WL

2713733, at *6 (D. Mass. July 13, 2022); see United States v. Carolene Prods., 304 U.S. 144, 152

n.4 (1938) (identifying “prejudice against discrete and insular minorities” as grounds for

heightened scrutiny). Conversely, a classification targeting a non-suspect class is subject to

rational basis review. Cook v. Gates, 528 F.3d 42, 61 (1st Cir. 2008). To survive rational basis

review, a state actor must merely show that its regulation is “rationally related to a legitimate

state interest.” City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 440 (1985); see Engquist

v. Oregon Dept. of Agric., 553 U.S. 591, 602 (2008) (“When those who appear similarly situated

are nevertheless treated differently, the Equal Protection Clause requires at least a rational reason

for the difference, to ensure that all persons subject to legislation or regulation are indeed being

treated alike, under like circumstances and conditions.”).

Plaintiffs assert that caselaw holding exclusion of home-school students from MIAA

participation violates the Equal Protection Clause, see Davis v. Massachusetts Interscholastic

Athletic Ass’n, Inc., 3 Mass. L. Rptr. 375, 1995 WL 808968, at *2 (Mass. Super. Jan. 18, 1995),

necessitates a similar finding with regard to the TECCA Plaintiffs here. [See Dkt. 19 at 2]. Yet,

as Defendant points out, there are key differences between a TECCA student who is fully

enrolled at that institution, despite its virtual status, and a home-school student who “not only

remain[s] under the control of the local school district, which must approve a homeschooled

student’s curriculum,” but who also retains the ability to “receive a diploma from their local

school district,” contingent upon their satisfaction of DESE’s “competency requirements and

local educational standards, school committee policy, and the approval by the Superintendent of

Schools.” [Dkt. 20 at 1–2].

When evaluating an equal protection claim as here, “the formula for determining whether

individuals or entities are ‘similarly situated’ for equal protection purposes is not always

susceptible to precise demarcation”; nevertheless, “the case law makes clear that the burdens of

production and persuasion must be shouldered by the party asserting the equal protection

violation … [t]hus, plaintiffs claiming an equal protection violation must first identify and

relate specific instances where persons situated similarly in all relevant aspects were treated

differently.” Cordi-Allen v. Conlon, 494 F.3d 245, 250–51 (1st Cir. 2007) (internal quotations

and citations omitted) (emphasis in original). The myriad differences between TECCA students

and home-school students alone make a finding of likely success on this claim difficult to

make—and that is to say nothing of the many similarities between TECCA students and charter

or private school students, nor of the significant change in circumstances provided by TECCA’s

recent application to simply join the MIAA as a member school.

Moreover, in the affidavit submitted by MIAA Assistant Executive Director Phil

Napolitano alongside Defendant’s opposition to the instant motion, Mr. Napolitano details

several rationales behind MIAA’s rule clarification as relevant to equal protection analysis.

These rationales include: assuring adherence to other MIAA rules “governing student eligibility

requirements about attendance, academics and behavior” [Dkt. 15-1 at ¶ 14]; MIAA’s receipt of

complaints from its member schools regarding virtual school waivers and concomitant MIAA

rule violations and inequities among member and non-member schools [id. at ¶ 15]; the

protection of students at MIAA member-schools “from displacement by outside, non-MIAA

players” [id. at ¶ 16]; and the correction of past “inequity to independent charter schools” caused

by inconsistent interpretation of MIAA’s rules [id. at ¶ 17]. Even if the Court were to find that

MIAA was treating similarly situated groups of students differently, it nevertheless finds that

MIAA’s stated reasons for its policies at issue and their “rational[] relat[ion] to a legitimate state

interest,” City of Cleburne, 473 U.S. at 440, to be persuasive.

ii. Claim 2: Massachusetts Administrative Procedure Act

Plaintiffs’ second claim seeks a declaratory judgment holding that MIAA failed to

comply with the Massachusetts Administrative Procedure Act (“MAPA”), Mass. Gen. Laws ch.

30A, § 1 et seq., in amending Rule 51, and declaring the amended rule unenforceable. The

purpose of the MAPA is “to establish a set of minimum standards of fair procedure below which

no agency should be allowed to fall and to create uniformity in agency proceedings.” Carey v.

Commissioner of Corr., 95 N.E.3d 220, 224 (Mass. 2018) (citation omitted).

Massachusetts provides a cause of action for declaratory relief where a state agency

practice is “alleged to be in violation of the Constitution of the United States or of the

constitution or laws of the commonwealth.” Mass. Gen. Laws ch. 231A, § 2. To obtain

declaratory relief in a case involving administrative action, a plaintiff must show that “(1) there

is an actual controversy; (2) he has standing; (3) necessary parties have been joined; and (4)

available administrative remedies have been exhausted.” School Comm. of Hudson v. Board of

Educ., 863 N.E.2d 22, 32 (Mass. 2007).

Specifically, Plaintiffs allege that MIAA violated the notice and comment requirements

of Section 3 of the MAPA. That section requires an agency to “give notice and afford interested

persons an opportunity to present data, views, or arguments … [p]rior to the adoption,

amendment, or repeal of any regulation.” Mass. Gen. Laws ch. 30A, § 3. Its provisions include,

inter alia, procedures by which an agency must give notice of a proposed regulation to

potentially interested persons, requirements for the contents of such notice, and provisions by

which the agency may bypass notice and comment requirements in emergency situations. See id.

These notice and comment procedures provide “an opportunity for input and debate by the

persons affected, and deliberate resolution of issues.” Carey, 95 N.E.3d at 224 (citation omitted).

The notice and comment provisions of the MAPA only apply to entities meeting the

statute’s definition of “agency” or otherwise enumerated by the statute. See Desrosiers v.

Governor, 158 N.E.3d 827, 843 n.26 (Mass. 2020). The statute defines “agency” as “any

department, board, commission, division or authority of the state government or subdivision of

any of the foregoing, or official of the state government, authorized by law to make regulations

or to conduct adjudicatory proceedings.” Mass. Gen. Laws ch. 30A, § 1(2).

Plaintiffs further allege that MIAA violated the MAPA because its amendment to Rule 51

was arbitrary and capricious. The Supreme Judicial Court of Massachusetts held just weeks ago

that, as “a quasi-governmental agency,” MIAA is subject to the MAPA’s arbitrary and capricious

review standard. See Abner A. v. Massachusetts Interscholastic Athletic Ass’n, 192 N.E.3d

1066, 1075 (Mass. 2022) (quoting Scott v. Oklahoma Secondary Sch. Activities Ass’n, 313 P.3d

891, 902 (Okla. 2013)) (“While the athletic association is not a State agency subject to the

provisions of the Administrative Procedures Act (APA), it is similar enough in character and in

reach that courts should apply the standard of review provided by the APA.”). An agency

decision “is not arbitrary and capricious unless there is no ground which reasonable persons

might deem proper to support it.” Garrity v. Conserv. Comm’n, 971 N.E.2d 748, 758 (Mass.

2012) (citation omitted).

For substantially similar reasons as discussed in the analysis of Plaintiffs’ equal

protection claim above, the Court finds that Plaintiffs’ claims under the MAPA fail to meet the

requisite standard for likelihood of success on the merits as would be required to issue a

preliminary injunction. Many of the same facts and circumstances that demonstrate TECCA

students’ likely lack of “similarly situated,” see Engquist, 553 U.S. at 602, status to others such

as home-school students, and which provide reasons “rationally related to a legitimate state

interest,” City of Cleburne, 473 U.S. at 440, also support a finding that MIAA’s actions at issue

here have been reasonably grounded and not “arbitrary and capricious” under the MAPA.

Defendant has provided numerous rational explanations for its rule clarifications and system for

accommodating non-traditional students. And while, as Defendant acknowledges [see Dkt. 15 at

20], this may seem unfair to Timmy and Jimmy, Plaintiffs are simply not able to meet their

burden with regard to likelihood of success on the merits of their claims—at least at this stage of

the litigation and in this pre-discovery posture.

b. Potential for Irreparable Harm

Irreparable harm is “a substantial injury that is not accurately measurable or adequately

compensable by money damages.” Ross-Simons of Warwick v. Baccarat, Inc., 102 F.3d 12, 19

(1st Cir. 1996); Hearst Stations Inc. v. Aereo, Inc., 977 F. Supp. 2d 32, 40 (D. Mass. 2013). A

plaintiff must show more than a “tenuous or overly speculative forecast of anticipated harm.”

Ross-Simons, 102 F.3d at 19. Courts consider this factor in conjunction with likelihood of

success on the merits, using a “sliding scale … such that the strength of the showing necessary

on irreparable harm depends in part on the degree of likelihood of success shown.” Braintree

Labs., Inc. v. Citigroup Global Mkts. Inc., 622 F.3d 36, 42–43 (1st Cir. 2010).

Here, the potential for irreparable harm to Plaintiffs is evident, insofar as they have plead

facts pertaining to the significance of continued participation in team sports through Jimmy and

Timmy’s local district schools on these adolescents’ respective mental health, access to

opportunities for socialization, and enhancement of important life skills such as leadership,

organizational involvement, and physical well-being. In contrast, MIAA does not even address

the possibility of irreparable harm to itself [see Dkt. 15 at 10; see also Dkt. 19 at 3], which the

Court finds understandable given the seeming ease of continuing a practice the organization has

undertaken for years and which only involves approximately 35 students statewide.

Nevertheless, in light of the considerations regarding likelihood of success on the merits

discussed above, the mere fact that Plaintiffs’ potential for irreparable harm is greater—or even

significantly greater—than Defendant’s is insufficient to overcome the “particular emphasis,”

Get In Shape Franchise, Inc., 167 F. Supp. 3d at 198, on that first and most critical prong of the

test to be applied to motions seeking preliminary injunction—and the relegation of the latter

three prongs to “matters of idle curiosity,” id. (quoting New Comm Wireless Servs., Inc. v.

SprintCom, Inc., 287 F.3d 1, 9 (1st Cir. 2002)). Essentially, while the Court is sympathetic to

Jimmy and Timmy’s desire and the benefits to their personal development to continue

participating on MIAA member-school athletic teams, the irreparable harm they will face by

virtue of their absences is simply not sufficient to supersede the significance of their likelihood

to succeed—or fail—on the ultimate merits of their claims.

c. Balance of Hardships

Like the irreparable harm factor, the Court weighs the balance of hardships factor in light

of its findings on the likelihood of success factor. Concrete Mach. Co., Inc. v. Classic Lawn

Ornaments, Inc., 843 F.2d 600, 612–13 (1st Cir. 1988). “If a strong likelihood of success is

demonstrated, then the court should issue the injunction even if the defendant will incur the

relatively greater burden.” Id. at 613. Conversely, if the plaintiff shows only a “slightly greater

chance of succeeding than failing on the merits,” a finding that the balance of hardships weighs

in favor of the defendant will defeat the motion for an injunction, as “the court should not force

the defendant to suffer prior to a final determination on the allegations.” Id.

Accordingly, and in line with the discussion of Plaintiffs’ likelihood of success on the

merits as discussed above, the Court finds this factor has little significance in the overall analysis

of Plaintiffs’ motion for preliminary injunction. While Jimmy and Timmy are, at least as alleged

and argued, facing considerable hardship by no longer being allowed to participate on their

former athletic teams, Defendant, too, has provided several reasonable rationales for its decision

to amend the relevant MIAA rules. Some of these reasons, such as complaints from member

schools and the need to correct past inequities in rule application, may certainly also cause great

hardship to a quasi-governmental organization tasked with managing relationships and

coordinating athletic programs between hundreds of member schools. Regardless, as discussed

above regarding irreparable harm, these factors are of slight significance in the Court’s analysis

here.

d. Public Interest

The public interest factor “requires this Court to inquire whether there are public interests

beyond the private interests of the litigants that would be affected by the issuance or denial of

injunctive relief.” Everett J. Prescott, Inc. v. Ross, 383 F. Supp. 2d 180, 193 (D. Maine 2005)

(citing United States v. Zenon, 711 F.2d 476 (1st Cir. 1983)). It is always in the public interest

to prevent the violation of a party’s constitutional rights. Dorce v. Wolf, 506 F. Supp. 3d 142,

145 (D. Mass. 2020) (quoting Melendres v. Arpaio, 695 F.3d 990, 1002 (9th Cir. 2012)).

While Plaintiffs’ constitutional claims have yet to be litigated in full, per the analysis

conducted in resolving this motion, the Court finds they are unable at this stage to prove the

requisite likelihood of success. Regarding other factors potentially related to the public interest,

Plaintiffs reference the obvious importance of interscholastic athletic involvement in a student’s

development and educational experiences, and note that “lack of injunctive relief will, instead,

diminish the ability of thousands of Massachusetts children to obtain the benefits of such athletic

participation.” [Dkt. 6 at 20] (emphasis added). Yet it is quite unclear how Plaintiffs arrived at

this extraordinarily high number, given that they identify only 35 students statewide as potential

class members in this litigation. [See Dkt. 4-1 at 13, 17].

Defendant, on the other hand, argues that the MIAA Board of Directors, made up of

public school officials including “MIAA school Superintendents, Principals, Athletic Directors

and School Committee Members” have “confirmed that the Rule Clarification is in the best

interests of MIAA members, that is, the best interests of the Commonwealth’s public

schools.” [Dkt. 15 at 19]. Again, and as above, the Court finds this factor to be not particularly

persuasive in light of Plaintiffs’ lack of showing sufficient likelihood of success on the merits.

However, the very small size of the population affected here, alongside the very real public

interest in having a functional, consistent statewide system for youth development activities such

as sports, indicates this aspect of the test may well weigh in favor of Defendant.

IV. CONCLUSION

A “preliminary injunction cannot survive if the plaintiffs are unlikely to succeed on the

merits,” and, despite the importance of weighing potential for irreparable harm, “[w]hat matters

as to each party is not the raw amount of irreparable harm the party might conceivably suffer, but

rather the risk of such harm in light of the party’s chance of success on the merits. Only where

the balance between these risks cuts in favor of the moving party may a preliminary injunction

properly issue.” Abner A. v. Massachusetts Interscholastic Athletic Ass’n, 192 N.E.3d 1066,

1074 (Mass. 2022) (internal quotations and citations omitted).

It is this balancing test between risks that is ultimately dispositive as to this motion.

While the Court finds the risk of irreparable harm and the balance of hardships to weigh in favor

of Plaintiffs, the tenuousness of the merits of their claims precludes such extraordinary relief as

the preliminary injunction sought here. Defendant has provided several rational, seemingly

legitimate state interests underlying its rule clarifications at issue—and while the Court does not

opine on the overall merits of Plaintiffs’ claims, which of course cannot be evaluated in full

absent discovery and continued litigation—it is certainly far from apparent that Plaintiffs are, in

fact, sufficiently likely to succeed.

Unfortunately, this would seem to mean that adolescents like Jimmy and Timmy will be

unable to resume participation on MIAA member-school sports teams, a fact that seems rather

unfortunate given the Plaintiffs’ statements regarding how important these activities are to the

boys’ lives and wellness—as well as the overall seeming insignificance of accommodating

potentially only about 35 such students seeking waivers statewide. In light of these

circumstances, the Court certainly encourages the parties to make continued attempts at arriving

at a compromise of sorts for these students—whether it be through prompt attention to TECCA’s

application to join MIAA or some other means of resolving this.

For the foregoing reasons, Plaintiffs’ Emergency Motion for Temporary Restraining

Order and Preliminary Injunction [Dkt. 5] is DENIED. The Court will proceed with the

establishment of a scheduling order and timetable for discovery.

SO ORDERED.

October 11, 2022 /s/ Angel Kelley

ANGEL KELLEY

U.S. DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.