TASO...file the second lawsuit!!!
It was refiled. See below:
September 8, 2010
In last week’s update I advised you that in return for the UIL’s apparent willingness to continue our discussions, TASO would hold off in refiling our law suit to prevent their hostile takeover attempt of Texas High School Officiating. All along we knew that this could be a stalling tactic and would be prepared to respond at any time.
Late last week it became apparent that the UIL has no intention to attempt to reach any form of negotiated agreement. As you may know they opened up the Registration Process at their web site early on Monday morning and sent e-mails to all of the officials that they have managed to secure (by whatever means possible) e-mail addresses.
I will say, that they were kind enough to give me advanced notice … I received an e-mail at 12:42 AM on Monday Morning. I imagine they were surprised to find a reply from me less than an hour later.
Yesterday TASO refiled the law suit as outlined by the Third Court of Appeals in their decision on August 27th. The next step will be to schedule a hearing to seek a Temporary Injunction to stop the UIL registration process. This hearing will be scheduled ASAP.
On Tuesday we requested a Temporary Restraining Order (TRO) to halt the UIL Registration process pending the hearing for an Injunction. In order for a TRO to be granted a party must show that irreparable harm will result in the absence of the TRO. Based on the fact that the registration deadline is not until November 1, and TASO officials may work UIL games until that point, it really came as no surprise that the TRO request was denied.
Be assured that we will aggressively seek to secure the Temporary Injunction to halt the hostile takeover attempt by the same governing body that is controlled by the public school districts. If this is allowed to happen, the independence of the high school sports officials in Texas will be lost.
It is also important to remember this. Our first suit was dismissed on a technicality, not the merits of the case. The Appeals Court stated in their decision “We express no opinion on the merits of TASO’s ultra vires claims, including whether, in the event that TASO brought these claims against a government officer acting in an official capacity, it could “allege, and ultimately prove, that the officer acted without legal authority or failed to perform a purely ministerial act.”
Also not to be forgotten is that when the four decisions have been issued by both the trial and appellate court based on material facts of the case, TASO has won all four.
Many of you have been told that you must quickly register with the UIL and that it will be in the best interest of your Chapter to do so. This is just not true. Then deadline is currently November 1st, it makes no difference if you register now or October 31st. If it does, then you should question the motives. It is more likely that those who are urging you to register immediately are doing so for their own self gain.
I urge you to take your time and consider all the facts. Ask yourself why the UIL is so dead set in controlling high school officiating. They say they are not going to charge any money to register … this year, but make no promises about next year, or the next. Why is that? I think I know, but I’ll let you come to your own conclusion.
I have asked dozens of UIL supporters why they are so pro UIL. Typically the answer I get is simple, it’s that they make play off assignments. I hear a few others, but not a single answer has ever addressed the well being of the body of high school officials … and more importantly, not to the betterment of the student athlete.
In the past week, I have received more than 100 e-mails and phone calls of support for our members. I am encouraged and strengthen by your support. I am more convinced than ever that the over whelming majority of our members want TASO to remain an independent organization OF officials, BY officials and FOR officials.
More later.
Mike
Michael Fitch
Executive Director
Texas Association of Sports Officials
