Erin Israel, by Her Next Friend, Patricia Israel v. West Virginia Secondary Schools Activities Commission and The…

Summary

The court held that the appeal remained justiciable despite the student's graduation because the challenged athletic rule was capable of repetition, likely to evade review, and carried collateral consequences. It further held that the rule barring girls from trying out for a boys' baseball team when the school offered girls' softball violated federal and state equal-protection guarantees because baseball and softball were not substantially equivalent. The court also held that the governing athletic association was subject to the state Human Rights Act and remanded for further proceedings, including determination of reasonable attorney's fees.