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Dead Constitution
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Title: Judge rules it's too hot to play(for the children including ADULT college students)
Source: www.commercialappeal.com
URL Source: http://www.commercialappeal.com/mca ... 0,1426,MCA_451_5666728,00.html
Published: Aug 10, 2007
Author: William C. Bayne
Post Date: 2007-08-10 14:38:58 by freepatriot32
Ping List: *Agriculture-Environment*     Subscribe to *Agriculture-Environment*
Keywords: judicial tyranny, mississippi, libertarians
Views: 73
Comments: 2

In a move with wide-ranging implications, a North Mississippi judge Thursday banned outdoor school activities in DeSoto and five other counties in his district because of the searing heat.

The order by Chancellor Mitchell Lundy of Grenada County -- a decision that a legal expert called unusual -- halted outdoor football practices as schools gear up for the start of the prep season the end of this month.

Also affected until the heat relents are volleyball and band practice, recesses for elementary school students and outdoor activities for community college students.

"It is our duty to protect the minors from harm when at all possible," Lundy said in his two-page order banning outdoor activities between 9 a.m. and 7 p.m. "We protect them from others as well as from themselves."

Lundy gave no other reason for the order, which was not requested, but some area educators surmised he might be reacting to the recent deaths of two Mississippi high school football players.

Lonnie Magee, 17, of Mount Olive, collapsed during practice Wednesday and later died at a hospital. And James Shorts, 16, of Collins, died July 16. It wasn't known Thursday what led to Magee's death; Shorts died after an aortic aneurysm ruptured.

"I do think that Judge Lundy is reacting to these deaths, but we know that he (Lundy) has the best interest of the students at heart when he issued that order," said South Panola County Supt. Keith Shaffer. "You can bet we are going to do what it says."

Other superintendents in the affected area weren't as understanding.

"I think the judge needs to stay out of the school business," said Sammy Higdon, superintendent of the Water Valley School District in Yalobusha County.

"This is ridiculous -- really strange. It will also be hot next week when it's only 95 (degrees). It was hot last year and the year before that."

Moreover, Higdon said surrounding school districts not affected by the order would have a competitive advantage over Water Valley schools when football season starts.

"All of us are not under the same umbrella," he said.

Ron Rychlak, associate dean and professor at the University of Mississippi law school in Oxford, wasn't familiar with the order but said it sounded unusual.

"Without looking it up, I couldn't guarantee that it's unprecedented," Rychlak said, "but it certainly sounds unusual. Judges are supposed to handle cases and controversies, but not legislate.

"Perhaps it's the right decision, but I'm not sure it was handled the right way."

The Mississippi High School Activities Association allowed its teams to officially start football practice Monday, and those not affected by Lundy's ruling can continue with outdoor practices at any time.

Milton Kuykendall, superintendent of DeSoto County schools, said MHSA officials were "looking at (Lundy's) order, but no decision has been made on whether to challenge the ruling."

The football season starts Aug. 31 for all eight DeSoto County schools -- seven public high schools plus Southaven-based SBEC, which is a member of the Tennessee Secondary School Athletic Association. SBEC began practice July 30.

In addition to DeSoto, the counties included in the ruling are Tate, Panola, Yalobusha, Montgomery and Grenada.

The original ruling issued Thursday did not include Grenada County, which is where Lundy lives, but he amended the order to include it after the omission was pointed out.

Football coaches in DeSoto County, though their practice routines were disrupted by the order, tried to take it in stride.

"With us coaches, we've been well-briefed and well-educated as it relates to heat-related illness, exhaustion and heat strokes," Olive Branch coach Scott Samsel said.

"We've had two incidents (Monday) where we sent two kids to get IVs. But that had more to do with two guys that have a very small percentage of body fat. Also, these young men did not eat (before practice). It was more of a hydration thing."

Hernando football coach Anthony Jenkins added: "I would adhere to whatever orders are sent to us. All of that is in the best interest of the student-athletes.

"It's extremely scary and dangerous at this point. We've taken every measure imaginable to take care of our athletes."

Not only high school athletes were making adjustments, but band students and athletes at Northwest Mississippi Community College were making changes Thursday as well.

"Our coaches are experienced in conducting safe practices in hot weather," said Dan Smith, NWCC vice president for Student Affairs. "We take special safeguards to protect the health of our students."

Tate County Supt. Gary Walker was busy Thursday morning e-mailing Lundy's order to all principals and coaches in his district.

"This is the first time I've ever seen a judge do something like this," Walker said from his Senatobia office. "But it is summertime in Mississippi, and we are going to do our best to be good citizens and comply with this injunction. We would hate for any of our students to wind up in dire situations."

What the order says

"It is well settled in the State of Mississippi that the Chancery Court is the guardian, custodian and caretaker of all minors in the state. It is our duty to protect the minors from harm when at all possible. We protect them from others as well as from themselves.

"It has come to the attention of this Chancellor ... that the National Weather Service has issued a heat advisory for Mississippi (and) that advisory states that strenuous outdoor activities are dangerous the next several days as temperatures climb above 100 degrees. The dangerous times are between 9 a.m. and 7 p.m.

"It has also come to the attention of this Court that school (both public and private) activities are being held during these dangerous times. It is therefore this Chancellor's opinion that participation of these school-sponsored activities by minors is not in their best interest and is, in fact, dangerous to their health and welfare.

"Therefore, this Court hereby issues an immediate Temporary Restraining Order in the counties of DeSoto, Tate, Panola, Yalobusha. Montgomery and Grenada against any and all school-sponsored (i.e. sports-related activities) which include physical exertion and which are conducted outside between the hours of 9 a.m. and 7 p.m.

"This injunction is to take place immediately and be in full force and effect until further orders of this court."

Beating the heat

Student-athletes in Greater Memphis usually practice before or after the 9 a.m.-7 p.m. time covered by the judge's order banning outdoor activities in DeSoto County.

James Bacchus, support chief for Memphis City Schools, said the system's student-athletes work out in the early morning or in the evening.

At the University of Memphis, the football team reports at 5:45 a.m. to beat the heat. Subscribe to *Agriculture-Environment*

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#1. To: freepatriot32 (#0)

but we know that he (Lundy) has the best interest of the students at heart when he issued that order,

The road to hell............

duckhunter  posted on  2007-08-10   14:48:36 ET  Reply   Trace   Private Reply  


#2. To: freepatriot32 (#0)

Whatta ya know, a judge who's and idiot... Who'd a thunk it?!?!

"I might have to go do something less stressfull, like core pavement on a busy freeway, at night..."

Axenolith  posted on  2007-08-10   17:34:25 ET  Reply   Trace   Private Reply  


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