Better Government Association v. Illinois High School Ass'n
2017 IL 121124
| Ill. | 2017Background
- The Illinois High School Association (IHSA) is a private, not-for-profit unincorporated association (founded 1900) that sets rules and runs post-season tournaments for member high schools (public and private); ~85% of members are public schools but membership is voluntary.
- Better Government Association (BGA) requested IHSA contracts and vendor applications under FOIA; IHSA refused, asserting it is not a public body under FOIA. BGA then requested the same records from Consolidated High School District 230 (District 230), which also refused.
- BGA sued IHSA and District 230 for declaratory relief alleging FOIA violations; IHSA moved to dismiss under 735 ILCS 5/2-619(a)(9) and District 230 moved under 735 ILCS 5/2-615. The trial court granted both motions; the appellate court affirmed.
- Key legal question: whether IHSA is a “public body” under Illinois FOIA (5 ILCS 140/2) or alternatively whether IHSA records are public records of District 230 under FOIA §7(2) when a private party performs a governmental function for a public body.
- The Illinois Supreme Court applied the four-factor test (independent legal existence, government control, public funding, nature of functions) used in prior Illinois decisions and held IHSA is not a public body and District 230 had no obligation under §7(2) to obtain/disclose IHSA records.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether IHSA is a “public body” under FOIA | IHSA functions for public schools and serves predominantly public members, so it is effectively a subsidiary public body subject to FOIA | IHSA is an independent private association, not created, controlled, or funded by government; therefore not a FOIA public body | IHSA is not a public body under FOIA (court applied Rockford/Hopf factors; independent existence, lack of government control/funding weigh against public-body status) |
| Whether IHSA records are public records of District 230 under FOIA §7(2) | IHSA performs governmental functions on behalf of District 230, so its records that directly relate to that function are District records under §7(2) | District 230 never contracted with IHSA to perform its governmental functions; IHSA did not act on the District’s behalf | §7(2) does not apply because IHSA did not contract to perform a governmental function for District 230; requested records are not District public records |
Key Cases Cited
- Rockford Newspapers, Inc. v. Northern Illinois Council on Alcoholism & Drug Dependence, 64 Ill. App. 3d 94 (discusses multi-factor test for when a private entity is a subsidiary public body)
- Hopf v. Topcorp, Inc., 170 Ill. App. 3d 85 (applies similar factors under Open Meetings Act/FOIA analysis)
- Brentwood Academy v. Tennessee Secondary School Athletic Ass’n, 531 U.S. 288 (explains state-action analysis for private entities under section 1983)
- Breighner v. Michigan High School Athletic Ass’n, 683 N.W.2d 639 (rejects broad attribution of public funding where private association’s revenue derives from operations involving public schools)
- O’Toole v. Chicago Zoological Society, 2015 IL 118254 (clarifies inquiry into operational control for tort-immunity purposes; relevance to assessing government control)