Friday, January 13, 2006

High School Basketball: A Right or a Privilege?

At the risk of being accused of flooding the Sports Law Blog with another story out of Massachusetts (home of the 2 time defending Super Bowl champion Patriots), here's a newsworthy one from the western part of the state. An interesting issue presented itself in Springfield MA concerning the right of a high school student arrested on felony charges to play on his team’s varsity basketball team.

Nicholas Tokarski, a Springfield high school senior and four other teens were arrested and charged with damaging cars and buildings in Springfield over a four-month period that ended last July.

Citing an unwritten school policy that prohibits students charged with felonies from being involved in certain school activities, the high school principal apparently blocked Tokarski from further participation on the school's basketball team. He and his family went to court in December and were granted the right by a judge to continue playing basketball for the time being. The ruling allowed Tokarsi, who was a co-captain on the team and apparently quite good, to play in games while the judge ruled on his request for a permanent injunction against the school.

A family lawyer argued that Tokarski's chances of a college scholarship or financial aid would be harmed if Tokarski couldn't play this season. A city solicitor argued there is "no right under the constitution to play basketball," and that due process was granted by school officials, through meetings with Tokarski's parents. "Education is a right, basketball is a privilege," the city solicitor said.

Tokarski was actually indicted on these charges (which seems severe). His case is now pending in Hampden Superior Court on one count of malicious damage to a motor vehicle and six counts of wanton and reckless destruction of property valued at $250 or more. Apparently, 300 students have signed a petition in support of Tokarski's playing basketball this season.

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