DATE: Wednesday, September 17, 1997 TAG: 9709170658 SECTION: SPORTS PAGE: C6 EDITION: FINAL SOURCE: BY JAMES C. BLACK, STAFF WRITER LENGTH: 35 lines
The Virginia High School League has asked a federal district court to drop from a lawsuit a claim that the league violates the Constitution's equal protction clause.
The motion was filed in federal district court in Charlottesville. It was in response to a lawsuit filed by the American Civil Liberties Union on behalf of 11 female high school athletes from Suffolk.
Jim Johnson, an attorney for the VHSL, said the equal protection claim is similar enough to a Title IX violation claim that the former should be dropped. Title IX is a federal law that mandates equity among males and females in schools receiving federal funds.
``You only need Title IX,'' Johnson said. ``Let's move on.''
According toDebbie Waters, who is co-counsel with the ACLU's Mary Bauer, the ACLU has until Monday to respond to the motion. The next move then would be to set up a pretrial conference in Charlottesville.
Spearheaded by Nansemond River assistant principal Kevin Alston, the suit challenges the lack of alignment in girls sports in the three public high school classifications: Group A, AA, AAA.
Nansemond River and Lakeland, Group AA prior to last fall, competed in basketball during the fall, volleyball during the winter, and tennis during the spring when the schools were in the Bay Rivers District.
In Group AAA's Southeastern District, in which the schools now compete, tennis and volleyball are played in the fall and basketball in the winter.
Alston's daughter Ashley and several other girls played tennis and field hockey previously were forced to drop a sport. All boys sports are aligned.
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