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The Honolulu Advertiser
Updated at 10:28 a.m., Thursday, April 2, 2009

Preps: Legal fight over Michigan girls sports will cost $6M

Advertiser Staff and News Services

DETROIT — The Michigan High School Athletic Association has agreed to pay $6 million in legal fees in a landmark case that changed the seasons for girls basketball and volleyball. The ruling also led to changes in Hawai'i's high school sports seasons.

Lawyers representing a group called Communities for Equity would get $2.5 million, followed by smaller annual payments until May 2015, according to documents filed this week in federal court in Kalamazoo.

The agreement still needs the approval of U.S. Chief District Judge Paul Maloney.

The high school association and the group that successfully sued had asked that the deal be confidential, but Maloney refused.

"The public's interest in access to judicial proceedings, particularly in a case such as this with high scrutiny, clearly outweighs the justification offered to file the settlement agreement under seal," the judge said.

Communities for Equity, which began with some Grand Rapids-area parents, filed a lawsuit in 1998, claiming prep sports seasons discriminated against girls and violated state and federal law. In 2001, U.S. District Judge Richard Enslen agreed.

High school girls, like boys, now play basketball in the winter, and girls play volleyball in the fall, a schedule that conforms to seasons in other states.

Without a settlement, the association could be on the hook for millions more in legal fees. The tab was more than $7.8 million, with interest, by the end of March 2008.

The $6 million total would be reduced if the balance is paid before May 2015. In addition, some payments can be delayed but interest would be added.

It's unclear how the MHSAA will come up with the money. A message seeking comment was left with spokesman John Johnson.

A lawyer for Communities for Equity said the group asked the judge to seal the settlement only because that's what the MHSAA wanted.

"We didn't care" if the public learned the details, Kristen Galles said Thursday.

The case also led to changes in Hawai'i, which had played its girls basketball season at the same time as Michigan.

Hawai'i's high school girls basketball, softball and boys volleyball seasons were moved to align with college schedules beginning in the 2007-08 school year.

Girls basketball was moved from the spring to winter, softball from winter to spring and boys volleyball from fall to spring.