107 So. 3d 583
La.2013Background
- LHSAA, formed as a 1988 Louisiana nonprofit, is a private member-based association regulating interscholastic athletics for Louisiana high schools.
- Petition sought declarations that Title 17 statutes (La. R.S. 17:176(F), 17:176(G), 17:236.3) are unconstitutional as prohibited special laws; and Title 24 statutes (La. R.S. 24:513) do/do not apply to LHSAA as a quasi public body or are unconstitutional under due process/equal protection.
- District court held Title 17 statutes unconstitutional under Art. III, § 12(A)(7); found Title 24 statutes potentially applicable and constitutional for limited purposes; and denied relief on some cross-claims.
- On appeal, State/BESE challenged the district court; LHSAA urged full invalidation of Title 24 as applied and preservation of non-applicability of Title 24 to it.
- Court held Title 17 statutes are unconstitutional as special laws that amend the LHSAA’s charter; but held LHSAA is not a quasi public body under La. R.S. 24:513(A)(1)(b)(v); and ruled Title 24(a) and (b) unconstitutional under equal protection; reversed in part and affirmed in part.
- Overall disposition: Title 17 invalid; Title 24 invalid as applied; LHSAA not a quasi public body for purposes of Title 24 auditing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are Title 17 statutes local or special laws under Art. III, § 12(A)(7)? | LHSAA argues they are not special laws; general laws by state interest. | Appellants argue statutes are general laws addressing state education/athletics. | Title 17 statutes are special laws (prohibited). |
| Do Title 17 statutes amend the LHSAA charter, rendering them unconstitutional under Art. III, § 12(A)(7)? | LHSAA contends statutes change its bylaws/charter via legislative action. | Appellants claim statutes modify internal rules within permissible bounds. | Yes; statutes amend the LHSAA bylaws/charter and are unconstitutional. |
| Do Title 17 statutes violate equal protection or due process? | LHSAA asserts selective treatment of LHSAA compared to similar entities; retroactivity concerns. | Appellants claim rational relationship to state interest; no improper bias. | Unconstitutional under Equal Protection/Due Process. |
| Is LHSAA a ‘quasi public agency or body’ under La. R.S. 24:513(A)(l)(b)(v) so Title 24 applies? | LLA argues LHSAA is quasi public due to open meetings law and public funding. | Appellants contend LHSAA is private; not subject to Open Meetings Law. | No; LHSAA not a quasi public body; Spain overruled regarding LHSAA status. |
| Are La. R.S. 24:513(J)(4)(a) and (b) unconstitutional under equal protection/related to auditing? | If applicable, statutes ensure accountability; not arbitrary. | Statutes promote transparency in quasi-public entities. | Unconstitutional under Equal Protection; cannot stand without Title 24(A) basis. |
Key Cases Cited
- Spain v. Louisiana High School Athletic Association, 398 So.2d 1386 (La. 1981) (LHSAA public body for Open Meetings Law; connexity analysis later questioned)
- Property Insurance Association of Louisiana v. Theriot, 31 So.3d 1012 (La. 2010) (Smith factors for public/private status applied to determine public entity)
- Trustees of Dartmouth College v. Woodward, 7 Wall. 518 (U.S. 1819) (charter as contract; legislative impairment concerns)
- State v. Smith, 357 So.2d 505 (La. 1978) (Smith factors for public/private determination)
- Deer & Co. v. Parish Council of Washington Parish, 56 So.3d 936 (La. 2011) (local vs general law analysis; special laws)
- Arshad v. City of Kenner, 95 So.3d 482 (La. 2012) (two-prong local/special law analysis; general vs local)
- Louisiana Paddlewheels, Inc. v. Louisiana Riverboat Gaming Commission, 646 So.2d 889 (La. 1994) (local vs general law distinction)
- Livingston Down Racing Ass’n Inc. v. State, 705 So.2d 149 (La. 1997) (general applicability of laws; locality concerns)