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McPHERSON v. MICHIGAN HIGH SCHOOL ATHLETIC ASS'N

No. 95-1079.

77 F.3d 883 (1996)

Dion R. McPHERSON, Plaintiff-Appellee, v. MICHIGAN HIGH SCHOOL ATHLETIC ASSOCIATION, INC., a non-profit Michigan corporation, Defendant-Appellant, Board of Education of the Public Schools of the City of Ann Arbor, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided March 4, 1996.

Attorney(s) appearing for the Case

Lore A. Rogers (briefed), John W. Friedl (briefed), Ann Arbor, MI, for plaintiff-appellee.

Edmund J. Sikorski, Jr. (argued and briefed), Ann Arbor, MI, for defendant-appellant.

J. Kingsley Cotton, III (briefed), Drolet, Freeman, Preston & Cotton, Bloomfield Hills, MI, for amicus curiae Basketball Coaches Ass'n of Michigan.

Stewart R. Hakola (briefed), Michigan Protection & Advocacy Service, Marquette, MI, for amicus curiae Michigan Protection and Advocacy Service, Inc.

Before: MERRITT, Chief Judge; DAUGHTREY and OAKES, Circuit Judges.

OAKES, Circuit Judge.

The Michigan High School Athletic Association ("MHSAA") appeals the entry of a preliminary injunction by the Honorable Denise Page Hood of the Eastern District of Michigan which forbids it from enforcing its eight semester eligibility rule against Dion R. McPherson. McPherson challenged the MHSAA rule as violating Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12131 et seq. (1988), Section 504 of the Rehabilitation...

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