Author Topic: E-mail update, for those that don't get them..  (Read 2659 times)

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Offline fencewire

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E-mail update, for those that don't get them..
« on: May 10, 2011, 05:31:24 PM »
May 9, 2011
 
TO: All TASO Members
 
RE: Legal Update
 
There has been considerable legal activity in our fight to remain an independent organization of high school sports officials in the past few weeks. In fact, each time I started to send you an update, the situation would change or be about to change. In order for this message to be clear and concise, I will provide you a chronological outline of recent events.
 
Tuesday April 19th
 
The UIL sent an e-mail to Baseball Crew Chiefs which stated:
 
“Please have everyone on your top crew, which was submitted to the UIL on the Top 25% list, register at http://uil.arbitersports.com/front/105040/Site/PageContent/Registration before the close of business on Friday April 22nd.  We need the information provided during registration to use for selection of umpires for this years' state tournament.”
 
Note that this was not sent to the Baseball Chapter Secretaries, but rather directly to the Crew Chiefs. 
 
You will recall last year the UIL had set November 1, 2010 as the deadline for all officials to register at the UIL website to be able to officiate in any UIL game. When TASO was successful in scheduling a hearing date for October 20th, the UIL without any explanation set another arbitrary date of October 13th for only Volleyball Officials on the chapter’s top 25% list to register in order to be considered for regional and the state tournament assignments. This was an obvious attempt to require registration in exchange for an opportunity to be selected for a tournament match.
 
With that history to reflect upon, it is not hard to interpret “to use for selection of umpires for this years' state tournament” as another attempt to trade “registration” for the opportunity to umpire in the state championship tournament.
 
Wednesday April 20th
 
TASO immediately took action to prevent this implied attempt to blackmail our members by scheduling a Temporary Restraining Order (TRO) hearing for the next day.
 
Later that day the UIL sent out another e-mail to the Baseball Crew Chiefs and in that message stated:
 
“Please note that yesterday's message was directed only towards those chapters that have submitted no or incomplete contact information to me for their baseball officials.  For those chapters who have already submitted to me the contact information for the officials on your list, neither my previous email nor this one pertain to you.”
 
Again, the e-mail was not sent to Chapter Secretaries, but rather the Baseball Crew Chiefs.
 
Thursday April 21st
 
The TRO hearing was held and TASO was granted a Temporary Restraining Order which effectively shut down the UIL registration of officials.
 
A date for a Temporary Injunction was set for May 2, 2011.
 
This is good place to remind you that our fight is not against the “free registration” but against the unauthorized creation of a UIL Sports Officiating Department which has a goal to control all high school sports officiating by forcing or trying to entice TASO members to join their Officials Organization and silencing the one and only independent voice that officials have, TASO. The “free registration” being offered by the UIL is simply a means to that end.
 
Monday April 25th
 
A hearing was held regarding two motions the UIL has filed with the state court; the first was another plea to the jurisdiction, again claiming that the UIL is a State Agency and therefore cannot be sued and that their staff acting in their official capacity had not violated their own or State rules and regulations.
 
The second was a claim that TASO did not have standing to bring suit on behalf of its members.
 
 
Tuesday April 26th
 
The court DENIES both UIL motions.
 
Friday April 29th
 
The UIL appeals the state court’s ruling denying their plea to the jurisdiction. This cancels the May 2nd TI hearing
 
Monday May 2nd
 
TASO files a motion for a Writ of Injunction which would in effect shut down all UIL registration and chapter affiliation activity during the term of the UIL appeal.
 
Friday May 6th
 
The Appeals Court again agrees with TASO and issues a Writ of Injunction which states:
 
“University Interscholastic League, … or any person or entity acting on your behalf or on behalf of the University Interscholastic League, are enjoined from (1) enforcing, implementing, or taking any action to effectuate the registration requirement imposed by amended University Interscholastic League Rule 1204; and (2) taking any action seeking to compel, coerce or influence any chapter that was a TASO affiliated chapter during the 2010·2011 school year to affiliate with the University Interscholastic League.”
 
Please note that this does not prohibit the UIL from implementing the new Fee Schedule. 
 
This Writ will be in place while the UIL appeal is under consideration of the Appellate Court, so it could be weeks or months before any additional activity occurs. When it does, another update will be sent.
 
The Writ is posted on the TASO website for your review.
 
In summary, the courts continue to side with TASO, and there is currently in place an enforceable injunction that prohibits the UIL from registering any official or requiring an official to affiliate with the UIL.  Any statement by the UIL on their website that our lawsuit is dismissed is simply untruthful.  If you are aware of any actions taken by the UIL or anyone on their behalf that violates the injunction that is currently in place – please let me know as soon as possible.   I appreciate that these legal maneuvers sound complicated and confusing, but in short, we are taking the steps we need to take to preserve the independence of Texas Sports Officials and keep TASO an organization OF officials, BY officials and FOR officials.
 
Regards
 
Mike
 
Michael Fitch
Executive Director
Texas Association of Sports Officials