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April 10, 2013 - 5:49pm

Law firm issues statement on Title IX suit over girls softball field

posted by Billie Owens in City Schools, Title IX.

Press release:

On April 5, Empire Justice Center filed a class-action suit against Batavia City
School District on behalf of three female softball players and their families, alleging wide disparities in treatment between girls’ softball and boys’ baseball.

Title IX forbids all federally funded entities from discriminating on the basis of sex. We are proud of the girls and their families for joining the ranks of so many brave Title IX plaintiffs over the course of history who have stood up for their civil rights and helped to level the playing field for women in sports.

In the words of one federal judge in another Title IX case, “[e]ach day these inequalities go unredressed, the members of the girls’ softball team, prospective members, students, faculty and the community at large, are sent a clear message that girls’ high school varsity softball is not as worthy as boys’ high school varsity baseball, i.e. that girls are not as important as boys.”

While we must refrain from commenting on the merits of pending litigation, we would like to make clear that had the Batavia School District agreed to commit to any concrete plans to remedy the inequities between girls’ softball and boys’ baseball by a specific date, there would have been no need for a lawsuit. As soon as the district makes a binding commitment, the case will be resolved.

As stated in the complaint, the Plaintiffs do not ask to take anything from their male classmates; nor are the girls asking for their own Dwyer Stadium (a request that they recognize would not be feasible). They are fans of the boys’ team and will continue to show their support by attending Blue Devils games at Dwyer regardless of the outcome of the case. They simply want equitable facilities to play on, as well as recognition that their athletic endeavors are as worthy as those of their male classmates.

Bob Harker
Bob Harker's picture
Last seen: 6 years 1 month ago
Joined: Aug 20 2009 - 3:12pm

Yet another worthwhile effort of the Empire Justice Center: Their involvement in C.A.S.H. which is designed to "helps working families GET, KEEP, and GROW their money."


Mark Brudz
Mark Brudz's picture
Last seen: 3 years 3 months ago
Joined: Feb 9 2012 - 9:33pm

I have to part with you on this one Bob, C.A.S.H. is a good program and is exactly what the Empire Justice Center should be doing.

1) It use no tax dollars, it works through the United way and Catholic Charities for funding and VOLUNTEERS, therefore not a burden on the community. It works through charity, which I for one am a huge proponent of.

2) It teaches poor people through counseling how to make the best of the dollars they have, and how to position themselves to earn more money.

The law suit on the other hand as you and I agree is bogus and is directly aimed at the taxpayers of The City Of Batavia in particular.

The plaintiffs and the Law Center may have actually hurt their cause however, rather than attempting to build public awareness first, from everything that I have read, I can see some real issues that would prevent many for voting to approve what hey want.

Thomas Mooney
Thomas Mooney's picture
Last seen: 7 years 4 weeks ago
Joined: May 19 2009 - 9:49pm

I agree , this will only hurt the chances of the project getting approval. The other thing is , why spend money to play at Dwyer for 175/ game when we have our own fields ?Is this what we budget for , perks for athletes . HS players do not need pro facilities , as stated , the fence is so far back that most HS players could only dream of hitting it that far. Bring the boys back to the HS and then the lawsuit is dead.

Vote no on the budget and no on the project. Consolodation was an extreme measure to get us back on track so why are we raising taxes , lower operating cost from not havin Robert Morris and the sale of the Admin. Building along with those operating cost and there was a huge reduction in staffshould result in lower taxes . I for one do not want 175 dollars spent on the baseball team playing at Dwyer when we just cut jobs , sold a buliding and closed another along with collecting rent .

Why do we have two groundskeepers , if we keep sending our teams to other fields.

Here is thought that could addresse both teams and save money. There isn't a JV soccer team anymore , so build a back to back fence with a buffer between the two, and move all baseball and softball games back to the HS. now we are "even steven "and now we dont have to pay to play at Dwyer nor is title iv an issue.

I dont think this extreme compared to consolodation , and we were suppoed to remove the pork

Bob Harker
Bob Harker's picture
Last seen: 6 years 1 month ago
Joined: Aug 20 2009 - 3:12pm

Thanks, Mark. Good point.

I just found their stated mission of helping "working class" families to "GET, Keep, and Grow" money a bit abrasive, especially given this frivolous lawsuit.

My wife and I are the very definition of "working class". Far from poor (depending on your definition) yet far from upper class. We've never sought, nor would ever accept any charitable or taxpayer funded "help".

Too much pride? Maybe. I guess we were just brought up that way - never expecting or demanding an "even playing field".

Pun intended.

Slightly off topic: What is poor in America today? Relaxing in front of your one flat screen? Only one cell phone? Your car being 10 years old?

Or is it going to work every day, working your ass off, and living paycheck to paycheck? Buying what you have. Maybe taking the bus.

Obama's proposed budget addresses the CPI increases for social security and medicare - he calls these " entitlement programs". That were actually paid for by the recipients.

But he fails to address the "necessary social programs" of welfare and medicaid.

Before CM goes on a diatribe of far left wing philosophy, I'd appreciate hearing your viewpoint.

Mark Brudz
Mark Brudz's picture
Last seen: 3 years 3 months ago
Joined: Feb 9 2012 - 9:33pm

Wow Bob, could we go for hours on the subjects you presented, each worthy of a topic on their own.

I don't think that you and I would be very far off on most of those topics. My wife and I too are far from poor, yet not anywhere near upper class, I think most on this sight would consider their positions relatively the same.

I have never however, bought into the even playing field argument, I have found that those who take the obstacles in their life head on, are always better off for it, whether they ultimately meet their goals or not, more often than not, they will achieve more than they began with

Jack Dorf
Jack Dorf's picture
Last seen: 1 month 5 days ago
Joined: Apr 12 2010 - 11:32am

It's actually a simple issue to resolve. The city owns MacArthur Park. Let the girls play either at the little league or minor league fields which are both the size needed for softball. They can pick which field suits them best. Problem solved. Just for the record the minor league field is one of the best in western NY thanks to Paul Sputore.

Annette Lazarevic
Annette Lazarevic's picture
Last seen: 8 months 3 weeks ago
Joined: Jul 11 2008 - 10:07pm

Lion's Park has a great softball field. It has a concession stand, a scoreboard, covered dugouts, and a fence to hit home runs over! Everything that the lawsuit asks for. In fact the Notre Dame Varsity softball team uses this field as their home field. I am sure BHS could also use this field. They would just have to contact the president of the Tonawanda Valley summer softball League which maintains the field. I am sure many of the girls play summer softball there and know the president of the league. Maybe they should have thought about this first before trying to waste taxpayer money with a frivolous lawsuit!

David Horning
David Horning's picture
Last seen: 2 years 8 months ago
Joined: Nov 3 2008 - 3:05pm

Title IX has been destroying mens amateur sports since its passage.

Ted Wenzka
Ted Wenzka's picture
Last seen: 8 years 6 months ago
Joined: May 25 2010 - 2:42pm

Sounds like you are the "keep them barefoot and pregnant" type of guy.

Rachael Scott
Rachael Scott's picture
Last seen: 7 years 3 months ago
Joined: Aug 10 2010 - 10:32am

Anyone else notice how all the men think this is ridiculous? Good luck girls, you definitely deserve at least equal conditions. Not everyone lives in the stone age.

Frank Bartholomew
Frank Bartholomew's picture
Last seen: 2 months 3 weeks ago
Joined: Apr 4 2010 - 8:02pm

Rachael, not all the men, I thought Mr.Mooney had the best solution to the problem, which was to play at the HS.
It's fair, and takes title IX out of it.

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