Better Government Association v. Illinois High School Ass'n
89 N.E.3d 376
Ill.2018Background
- The Illinois High School Association (IHSA) is a private, not-for-profit voluntary association (founded 1900) that sets rules for interscholastic sports and runs postseason tournaments for member high schools (≈85% public members).
- Better Government Association (BGA) requested IHSA contracts and vendor applications under FOIA; IHSA refused, claiming it is not a public body subject to FOIA.
- BGA then requested the same records from Consolidated High School District 230, alleging under FOIA §7(2) that IHSA performed governmental functions on District 230’s behalf; District 230 denied having custody or control of the records.
- BGA sued IHSA and District 230 for declaratory relief. IHSA moved to dismiss under 735 ILCS 5/2-619(a)(9); District 230 moved under 2-615. The trial court dismissed; the appellate court affirmed.
- The Illinois Supreme Court granted review to decide (1) whether IHSA is a “public body” under FOIA and (2) whether IHSA records are public records of District 230 under FOIA §7(2). The Court affirmed the lower courts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether IHSA is a “public body” under FOIA | BGA: IHSA functions for public schools and thus is a subsidiary public body subject to FOIA | IHSA: private, independently organized, not created/controlled/funded by government; not a subsidiary of any enumerated public body | Held: IHSA is not a public body under FOIA (factors: independent legal existence, lack of government control, absence of public funding) |
| Whether federal/state “state-action” or tort-immunity designations convert IHSA into a FOIA public body | BGA: prior findings of state-action or Tort Immunity Act relevance should inform FOIA analysis | IHSA: those doctrines are distinct; state-action or immunity status does not automatically make an entity a FOIA public body | Held: Rejected; state-action and Tort Immunity Act analyses do not control FOIA subsidiary-body inquiry |
| Whether IHSA is a subsidiary of District 230 or member public schools | BGA: IHSA acts on behalf of collective public schools/school districts and thus functions for them | IHSA/District 230: IHSA not created or governed by any district; membership voluntary; no statutory delegation or contract making IHSA perform District governmental functions | Held: IHSA did not contract to perform a governmental function for District 230; §7(2) does not apply; records are not District 230 public records |
| Whether FOIA §7(2) requires District disclosure of IHSA records | BGA: §7(2) addresses privatization and requires disclosure when private contractors perform governmental functions | District 230: no contract or delegation exists and records do not directly relate to any District governmental function | Held: §7(2) inapplicable—no contractual performance of District governmental functions and records not directly related |
Key Cases Cited
- Rockford Newspapers, Inc. v. Northern Illinois Council on Alcoholism & Drug Dependence, 64 Ill. App. 3d 94 (1978) (factors for determining whether private entity is a subsidiary public body)
- Hopf v. Topcorp, Inc., 256 Ill. App. 3d 887 (1993) (applying subsidiary-body test under FOIA/Open Meetings Act)
- Brentwood Academy v. Tennessee Secondary School Athletic Ass’n, 531 U.S. 288 (2001) (federal state-action tests and the ‘‘fairly attributable’’ inquiry under §1983)
- Breighner v. Michigan High School Athletic Ass’n, 683 N.W.2d 639 (Mich. 2004) (declining to treat athletic association as public body based on indirect revenue from public schools)
- Hood v. Illinois High School Ass’n, 359 Ill. App. 3d 1065 (2005) (Tort Immunity Act context; IHSA not a local public entity)