WATKINS v. LOUISIANA HIGH SCHOOL ATHLETIC ASS'N
301 So.2d 695 (1974)
Mrs. Edmond C. WATKINS, Plaintiff and Appellant,
LOUISIANA HIGH SCHOOL ATHLETIC ASSOCIATION et al., Defendants and Appellees.
Court of Appeal of Louisiana, Third Circuit.
October 16, 1974.
Camp, Carmouche, Palmer, Carwile & Barsh, by Edwin K. Hunter and A. J. Gray, III, Lake Charles, for plaintiff-appellant.
Talley, Anthony, Hughes & Knight, by Lawrence R. Anderson, Jr., and Charles M. Hughes, Bogalusa, for defendant-appellee.
Before HOOD, CULPEPPER and DOMENGEAUX, JJ.
Mrs. Edmond C. Watkins filed this suit against the Louisiana High School Athletic Association and its chief executive officer, Mr. Frank Spruiell. She seeks a "preliminary injunction, enjoining enforcement of its [LHSAA] February 19, 1974 ruling, prohibiting Fenton High School from playing in any athletic contest for one year with Mrs. Edmond C. Watkins in attendance and enjoining any action to exclude plaintiff from any atheltic event or any action penalizing Fenton High School for plaintiff's attendance at any athletic event." Plaintiff also seeks damages totaling $90,000.
Defendants filed exceptions of no right of action and no cause of action. The trial judge sustained both exceptions and dismissed plaintiff's suit. Plaintiff appealed.
The substantial issues are: (1) Under the pleadings, and the evidence introduced at the hearing on the exception of no right of action, does plaintiff have a sufficient interest to institute this suit? (2) Does plaintiff's petition as amended state a cause of action?THE EXCEPTION OF NO RIGHT OF ACTION
Evidence adduced at the hearing on the exception of no right of action consists of interrogatories propounded by plaintiff to the defendants, the answers and supplemental and amending answers by defendants to the interrogatories, and depositions of plaintiff, her husband and Mr. Richard McNabb, coach of the boys varsity basketball team at Fenton High School. This
evidence, together with the pleadings, shows that the Louisiana High School Athletic Association is an unincorporated association whose membership is voluntary and consists of approximately 450 high schools in the state. Each high school is represented in the association by its principal. The constitution of the association states that its general purpose is "to promote, regulate and direct the interscholastic athletic activities of the high schools of Louisiana."
One of the specific purposes of the association is "to promote the spirit of sportsmanship and fair play in all athletic contests." (Louisiana High School Athletic Association Constitution, Art. 2, Sec. 5.)