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City school district issues statement about federal lawsuit over girls softball field

By Howard B. Owens

Press release:

On April 5, the Batavia City School District received notification that a lawsuit was filed by the Empire Justice Center on behalf of a few District parents with the intent to demand an immediate upgrade to the girls’ softball field claiming the District was in violation of Title IX of the Educational Amendments of 1972.

The District believes this lawsuit is misguided as the issues addressed in the lawsuit have already been diligently pursued and we have prepared a proposition for voter approval during the annual District’s budget vote in May 2013.

In 2011, softball field upgrades were included in the District’s capital-improvements project proposal which was ultimately voted down by the taxpayers. Even after the capital improvement proposition was voted down, the District allocated as much funding as possible for material and labor to resurface the girls’ softball infield. In addition, arrangements were made to have nearly half of the home games played at an area premier softball facility, Genesee Community College.

The District also continues to make regular maintenance on this field and whatever improvements it can make within the approved budget. To continue its efforts to upgrade the softball field, in 2012, the District commenced an architectural study to address resurfacing the field, installing dugouts, an electronic scoreboard and outfield fencing. This plan was reviewed and approved by the Board of Education at its Feb.12, 2013 meeting.

A proposal to fund this plan, which also includes capital improvements for District buildings and the Richmond Memorial Library, will be placed on the ballot during the annual vote on the District’s budget on May 21. If the voters approve this capital proposition, the District will initiate the upgrades to the field as outlined above after the softball season ends so as not to disrupt the current season.     

Subsequent to the Board’s approval of the plan, the District received a letter on February 20, 2013 from the Empire Justice Center demanding that the softball field be upgraded immediately. The District met with representatives of the Empire Justice Center to review the matter.

We explained that the requested upgrades in their letter were the same improvements already incorporated into the District’s proposed project with the exception of night lighting. We shared with these representatives that commencing an upgrade immediately was impractical given that the work would render the field unplayable for most of the season as well as that the work was duplicative of that included within the District’s proposed capital project.

Unfortunately, the District’s good-faith efforts in terms of work already done to the field as well as the presentation of comprehensive facility upgrades to the voters for approval in May 2013 were ignored. However, with just a few more months of patience, it is the District’s belief that it will be able to embark on a comprehensive and complete renovation to the softball facilities.

Bob Harker

From 13wham.com:

"Susan and James Myers, their daughters Elizabeth and Rebecca, and Maria Walsh and her daughter Kimberly. They are being represented by the Empire Justice Center in Rochester, which declined to comment on the lawsuit."

Unfriggin real.When I grew up most of the kids in the neighborhood had newer and shinier bikes then me. If only my parents had had the caring and insight to sue, I'm sure I would be better off.

I am amazed on a daily basis at the society we have become. Mr. and Mrs. Myers? Ms. Walsh? What are you teaching your children!!??? What are you teaching the community for that matter?

What is the lasting impression your daughters will have over this? Don't hand me "stand up for what you think is right. It clearly is not.

"I didn't get my way and I'm pissed".

So make the taxpayers foot the bill.

People, vote thumbs down all you want. This sticks in my craw.

Apr 10, 2013, 5:39am Permalink
Sheila McWethy

As a parent whose child played softball last year on that field, I can tell you that the conditions are indeed deplorable. However based on the very fact from everything I have read and heard about the budget, this was one of those very issues that was to be addressed. From reading the article, it also clearly states that many of the games will be played elsewhere (GCC) this season. It seems to me that the district has recognized the issue and is taking the steps necessary to address it. The very idea that anyone thinks that it can be done overnight is obviously not realistic. Filing a lawsuit seems impractical and unnecessary and CLEARLY a waste of the districts funds trying to fight this lawsuit.

Apr 10, 2013, 8:16am Permalink
Ted Wenzka

Filing a lawsuit may seem impractical and unnecessary but in this case I believe it is the only way when you look at the past. The field work was included in the 2011 Budget Proposal and it was voted down. It is again in the 2013 Budget Proposal and "If the voters approve this capital proposition, the District will initiate the upgrades...". The important words are "If the voters approve".

Apr 10, 2013, 8:54am Permalink
Kyle Couchman

So I guess if the community's voters have their say about things, all you have to do is file a lawsuit? Can we then file a lawsuit against the city the next time they change the garbage collection routine, or try to make the city parks less accessible. Can we sue Mary Pat Hancock if she delcares the Towne Center a tourist destination again?

Apr 10, 2013, 9:01am Permalink
Mark Potwora

What is the states standard for a softball field...Who says the field is un playable..How for the last 50 years did the school system provide a field for softball to be played on..Just because someone files a lawsuit doesn't mean they will win..Hard to believe that this is just these parents pushing this..Whats the softball coach say about all this....In this day of equability why do we have a girls softball team...Shouldn't it be co-ed...

Apr 10, 2013, 11:43am Permalink
Ted Wenzka

Mark, "In this day of equability why do we have a girls softball team...Shouldn't it be co-ed..." Going along with your thinking, why do we have a boys hardball team ... Shouldn't it be co-ed....

Apr 10, 2013, 11:51am Permalink
Howard B. Owens

I don't think there is anything to prevent a girl from trying out for the baseball team. Girls playing hardball at varsity level is rare, but it has been done.

Apr 10, 2013, 10:20pm Permalink

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