# Josephine County School District No. 7 v. Oregon School Activities Ass'n

> Court of Appeals of Oregon · October 31, 1973 · 15 Or. App. 185

URL: https://www.frixlaw.com/law-library/cases/6920038

## Case

- **Full name:** JOSEPHINE COUNTY SCHOOL DISTRICT No. 7 v. OREGON SCHOOL ACTIVITIES ASSOCIATION
- **Court:** Court of Appeals of Oregon
- **Decided:** October 31, 1973
- **Citations:** 15 Or. App. 185; 515 P.2d 431; 1973 Ore. App. LEXIS 726
- **Precedential status:** Published
- **Opinion:** Concurrence by Schwab
- **Judges:** Fobt, Foley, Fort, Schwab
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6920038

## How later opinions describe it (automated extraction)

- recognizing that the Fourteenth Amendment protects the right to intrastate travel
- recognizing that “the right to travel intrastate is a right protected from discriminatory regulation to the same extent as is [the] right to freedom of interstate movement” (footnote omitted)

## Opinion text

SCHWAB, C. J.,
specially concurring.
I concur in the result of the majority opinion which I understand to hold:
(1) The factual' determinations of a voluntary association whose activities do not constitute state, action are not subject to judicial review for any reason except perhaps for fraud or bad faith;
(2) The factual determinations of a voluntary association whose activities do constitute state action are not subject to judicial review absent statutory authorization, except perhaps for fraud or bad faith;
(3) Violations of its own procedural rules by a voluntary association are subject to judicial review whether or not its activities constitute state action;
(4) Claims that a voluntary association has de *202 prived a person of procedural due process are subject to judicial review only if the activities of the association are found to be state action within the Fourteenth Amendment; and
(5) Claims that the rules of a voluntary association are invalid on substantive constitutional grounds are subject to judicial review only if the activities of the association are found to be state action within the Fourteenth Amendment.
Foley, J., joins in this specially concurring opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6920038. Public record. Not legal advice.