HK, not you at all.Cydkar, I’m no lawyer, never claimed to be. You might have me confused with someone else.
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HK, not you at all.Cydkar, I’m no lawyer, never claimed to be. You might have me confused with someone else.
I haven’t followed every player that has transferred in but have only read about one other denied. I haven’t read the code, but if it has vague language like “make a home” like Hawkness stated, there is a lot of subjectivity there.
It’s clear many players moved in specifically to play football as their home states aren’t playing. How many of the families do you think are staying in Iowa after this year? My guess is none or close to none. If they approved others (e.g. Valley QB), did they check that they sold their homes in their previous states, etc. or how severed their connections are there? If not, I think its BS to single out a few players and then let the rest play. Arland and his mom moved, which to me is as much of a “home” as what other eligible players seemed to do.
One issue will almost certainly be whether the governing body (IHSAA) possesses discretion with respect to eligibility decisions based upon what has been submitted for consideration or whether eligibility is ministerial after certain "boxes have been checked."
Think about it this way, the Iowa DOT possesses no discretion to refuse to provide an Iowa identification card if the applicant brings in the requisite proof of identification. That is "ministerial." No discretion involved at all.
If the IHSAA possesses discretion, then the question becomes whether the governing body abused its discretion in some form or another. I.e. exercising its discretion in an arbitrary or capricious fashion. Alternatively, the Bruce family could argue that the rules are so vague and ambiguous that it does not permit for uniform and consistent rulings.
Either way, the Bruce family will have to demonstrate that (a) they will suffer irreparable harm if a TRO is not issued allowing Bruce to play on Friday and (b) a substantial likelihood of success on the merits of the underlying claim. (a) is easier to demonstrate . . . we don't have time machines which will allow a "re-do;" every game not played cannot be undone. (b) will be the more challenging issue.
And to be clear the Valley QB transferred in from Colorado 3 weeks ago. Arland has a Kansas high school teammate that played Friday for SEP. Dowling has a couple kids from Illinois or wherever that played Friday night. So knock it off with the rules. Arland and his Mom live in a house in Ankeny and he goes to school there. The exception is met.
Man I have never seen more heartless people for an Iowa recruit. Maybe the younger kids will be here next year after hopefully Covid is in a better place. I cannot believe I wasted my time arguing with people. Wow.
Lol heartless? It's high school football.
What about the kid who worked his ass off for years only to see some big recruit come in at the last second and take his spot? And of course they're all going to move back as soon as the season is over.
I have no sympathy whatsoever for any of these kids. Stay in your home state and play in the spring.
Why argue with mental midgets? Some Iowa fans just suck. And the fact COVID is not being factored in as extenuating circumstances is ridiculous, as many kids have transferred in from other states and gotten to play.
The fact some Iowa fans are actually rooting for this kid to be ineligible tells you all you need to know about their mental facilities. "Iowa Nice" is such a crock of shit. Pffft.
I haven’t followed every player that has transferred in but have only read about one other denied. I haven’t read the code, but if it has vague language like “make a home” like Hawkness stated, there is a lot of subjectivity there.
It’s clear many players moved in specifically to play football as their home states aren’t playing. How many of the families do you think are staying in Iowa after this year? My guess is none or close to none. If they approved others (e.g. Valley QB), did they check that they sold their homes in their previous states, etc. or how severed their connections are there? If not, I think its BS to single out a few players and then let the rest play. Arland and his mom moved, which to me is as much of a “home” as what other eligible players seemed to do.
Why argue with mental midgets? Some Iowa fans just suck. And the fact COVID is not being factored in as extenuating circumstances is ridiculous, as many kids have transferred in from other states and gotten to play.
The fact some Iowa fans are actually rooting for this kid to be ineligible tells you all you need to know about their mental facilities. "Iowa Nice" is such a crock of shit. Pffft.
Really dumb of IHSAA to deny Bruce. This isn't your average year. Make an exception if you think he doesn't fit the letter of the law exactly. Just makes them look petty.
Not only should the parent be upset, imagine what the guys boss would be thinking if he knew his employee was doing this.If I hired an attorney to represent my kid for any reason and they started posting about it on a public forum, that attorney would no longer be representing my kid. Also, this bizarre battle between hk23 and cytwins is flat out pathetic. They both should be embarrassed by their words and actions.
Yes, it is crazy that people expect kids and their families to follow the rules.
If you are trying to come off as the biggest bitch on this site today, congrats...you've accomplished it.
Really dumb of IHSAA to deny Bruce. This isn't your average year. Make an exception if you think he doesn't fit the letter of the law exactly. Just makes them look petty.
Need to also let all the ICCSD kids transfer wherever they want and play as well, correct?
Like I said, this is one year because of a pandemic and schools not playing. I think people need to be more flexible this year.Don’t lose sight of the fact that eligibility rules are meant to promote competition, protect those who unquestionably live in a district who may not be able to compete on the field if they lose their position due to a questionable transfer and dissuade “recruiting.”
This isn’t just about whether a former out of state high school senior is being deprived and of a chance to play FB.
So I am clear Legend and others don’t want Bruce to play this year. Got it. BTW Captain Kirk said today he thinks he should be able to play. Not saying Kirk will be right but our coach definitely thinks Bruce should be able to play. Legend if you don’t believe me call him (since you know everything) and ask him about our conversation earlier. Thanks.
So the lease is $100 per month? Lol.I pulled the Petition from Iowa's e-filing site.
So are you Travis or Bradley?
I noticed that you made reference to "A.B." throughout the Petition as you should because he is a minor. However, in paragraph 4(a) of his mother's Affidavit you used his first name when referencing "Arlund's former high school." That's an oversight. Also, isn't his name spelled "Arland" not "Arlund?"
Finally, in Exhibit 3, you attach a copy of the Temporary Guardianship Agreement. You've included the names and birthdates of both minors who remain in Kansas. Shouldn't that information be redacted and not public? You could have filed the unreacted version under seal.
From strictly a "legal analysis" standpoint, do you really think that a lease for $100 will be deemed an arms-length transaction when the landlord is not requiring the lessee to pay for electric, gas, telephone, cable television, water or garbage? The $100/lease payment wouldn't come close to covering those expenses. If a lease isn't deemed to be an arms-length transaction, does that impact the analysis of whether the move is a "good faith" move?
There's nothing in the Petition identifying the relationship between the landlords and Ms. Bruce.
Given the absence of information in the Petition regarding that relationship and the minimal lease payment . . . from an outsider's perspective . . . it smells like a "sweetheart deal" in an effort to bring in a "ringer" for Ankeny's FB prospects this Fall.
EDIT: Forgot to add . . . good draw on Judge Hanson. Smart man. Eminently fair and reasonable.
I pulled the Petition from Iowa's e-filing site.
So are you Travis or Bradley?
I noticed that you made reference to "A.B." throughout the Petition as you should because he is a minor. However, in paragraph 4(a) of his mother's Affidavit you used his first name when referencing "Arlund's former high school." That's an oversight. Also, isn't his name spelled "Arland" not "Arlund?"
Finally, in Exhibit 3, you attach a copy of the Temporary Guardianship Agreement. You've included the names and birthdates of both minors who remain in Kansas. Shouldn't that information be redacted and not public? You could have filed the unreacted version under seal.
From strictly a "legal analysis" standpoint, do you really think that a lease for $100 will be deemed an arms-length transaction when the landlord is not requiring the lessee to pay for electric, gas, telephone, cable television, water or garbage? The $100/lease payment wouldn't come close to covering those expenses. If a lease isn't deemed to be an arms-length transaction, does that impact the analysis of whether the move is a "good faith" move?
There's nothing in the Petition identifying the relationship between the landlords and Ms. Bruce.
Given the absence of information in the Petition regarding that relationship and the minimal lease payment . . . from an outsider's perspective . . . it smells like a "sweetheart deal" in an effort to bring in a "ringer" for Ankeny's FB prospects this Fall.
Interesting information on the lease. The part I still struggle with is if I consider Arland’s scenario with two I’m making up:
- #1- AB’s mom signs a “sweetheart lease agreement” for $100 and gives custody of 2 other kids to a relative. AB and mom move to Iowa.
- #2- Parents with only child or youngest child signs $1,000/mo. lease for 6-months in Iowa. Parents can WFH during pandemic.
- #3- Parents with only child or youngest child buy house in Iowa but keep their house in original state. Parents can WFH during pandemic.
Let’s say that in all 3 scenarios, the family moved after their home state postponed fall football and the kids are on record as wanting to move so they can play football. The differentiating factors seem to be 1) family income, 2) parent ability to WFH, and 3) if they have younger siblings.
Again, I don’t care enough to read through the Iahsaa code but if they are using “bright lines” rules and AB met them, he should get to play even if the lease is BS. I don’t think the Iahsaa should be making judgment calls in those cases. If everything is subject to interpretation, then any kid that said or indicated they are coming for football should be ineligible. Instead, it seems like the Iahsaa has potentially made it so that the wealthier kids can play and the poorer ones can’t when they are both attempting the same thing (a short stint in Iowa for football).
Excellent post.David -
Good post. Your comment about income disparity and the potential for disparate impact is thought provoking.
As for your comment that any kid who said "I'm just coming to Iowa for the Fall semester because of football" . . . I struggle with what should be done. While I certainly understand Arland Bruce's desire to play football, I am simultaneously sympathetic to the person (who may be a Senior and who has put in his sweat and effort into the Ankeny program) displaced simply because a "ringer" chose that particular school district.
I'm not naive. I know what happens with bigger high school programs and the parochial high schools. Despite their assurances otherwise, recruiting happens. Yet, I'd like to think that, when all is said and done, kids residing in a particular high school district play for the local high school and win/lose. The spirit of the rule at issue certainly seems to suggest that creating an exception to the 90 day "sit out" period should be awarded in only the most strict of circumstances and is meant to discourage recruiting.
I guess that's why I was curious regarding the relationship between the Bruces and the family that owns the home in which they are living. Are they friends? Are they distant relatives? Are they friends of friends? How did the Bruces end up there? On its face, it seems like someone may have said "hey . . . they aren't playing football in Kansas, let's see if we can get this University of Iowa recruit to Ankeny to play football to try to land Ankeny a state championship."
And, yes, I sure hope that the IHSAA is subjecting all of the recent out-of-state transfers to the same scrutiny.
Wow Aurora. From Naperville. Will give Judge Hanson you kind words at 9 tomorrow. Thanks for your legal analysis. Will work it tomorrow. You are one smart lawyer.
My goal tomorrow is to get a Hawk recruit eligible. If Aurora the arm chair lawyer is upset or Legend so be it. Aurora how do you actually know about Judge Hanson? He would be happy to know. Someone in Illinois knows what a great Judge he is. And you took the time to read all the pleadings. Good work buddy. Will send you the ruling.
Aurora I am heart attack serious would love your thoughts. Ain’t time to troll. Hearing is at 9 tomorrow. I like my chances but still.
Jade Arroyo was the kid who tried to go to Valley but who moved back which was actually 2 weeks before the season began. In part it was determined by the Valley AD it would be hard to get him cleared by IHSAA and based on the rules in Colorado he would not have been eligible for his senior year since he was on a junior.If you ever played Orchard Valley Golf Course, I used to live off of the 16th hole. Transitioned my practice from Chicago to Des Moines 10+ years ago after spending the first 16 in Illinois. I'm a native Iowan and it was good to get back here.
Upon reading these posts today and the Petition, the one thing that stood out to me is whether the IHSAA or their legal counsel was willing to talk to you about the decision making process. A good source informed me that WDM Valley sent a kid (don't know name) back to Colorado because he wasn't eligible. As I posted before, I'd like to think that the IHSAA is applying the same level of scrutiny to all kids transferring into the state.
My practice is primarily focused upon defending product manufacturing clients in venues all over the U.S. but I've defended a few TRO/P.I. requests. I think that you've got the irreparable injury "side" covered well . . . what I don't have a great grasp on is the "substantial likelihood on the merits" side of the equation. That seems to be your bigger hurdle.
I'll be following through EDMS.
Why does anyone waste their breathe on this Legend tool? He is a complete jerk.Who is Brice?
Hearing done. We shall see.