Sunday, December 14, 2014

Goodbye, high school football

James Bukes, a former Pittsburgh federal administrative law judge and Mt. Lebanon resident explains how legal liability for long-term injuries and other challenges could kill football.

Is this the end of football?

I have heard stories about football participation dropping here in Mt. Lebanon.
Potential players and their parents are taking notice. According to the journal Neurotrauma, Pop Warner youth football participation dropped 9.5 percent between 2010 and 2012. In some of the wealthier suburbs of Pittsburgh, such as Upper St. Clair, more and more parents will not allow their sons to go out for football. Even President Barack Obama has said that if he had a son, he would not allow the boy to play football.
Here is a little bit more back story on the subject: How One Lawyer’s Crusade Could Change Football Forever

We need a lawyer crusader in Mt. Lebanon.

23 comments:

Anonymous said...

As someone who treats post-concussions and head injuries I can tell you that we have a bunch of kids that got injured from hitting their heads on door jams. Yes! Door jams! So should nanny government make us rip out all our doors? But let's not stop at football... Some of the most damning head injuries have occurred while playing soccer. Ask Christian and his family. Then there's hockey. Lacrosse. Baseball. But as my sweet husband said over and over again today - Get out of the way of the TV.. the Steelers MIGHT score! Didn't they try to kill boxing years ago? How many boxing clubs are there now? 25-30.

Anonymous said...

http://www.rothmaninstitute.com/blog/4-reasons-why-skateboarding-concussions-are-a-bigger-threat-than-you-thought

Unfortunately, there are inherent risks in almost anything we do, especially but not limited to recreational activities.
How many people are injured jogging, biking, skiing, etc.

I actually believe lawyers are a bigger threat to my health than anything else.

Richard Gideon said...

The PG article by James Bukes makes for interesting reading, given his background as an administrative law judge. As far as "amateur" sports is concerned, the greater battleground is at the college level, but as Mr. Bukes points out, public high schools are not immune to lawsuits - the "sovereign immunity" principle does not hold in this case.

But as to whether the latest round of lawsuits spells the "end" of football is, in my opinion, not likely anytime soon for one very good reason: money. Not only do colleges enjoy large revenues from their football programs, but the amount of money wagered on college football alone is staggering. According to a story aired by NBC news, "Between $60-70 billion is illegally wagered on college football each year according to CNBC." The legal gambling amount is another story in itself. (Betting on local high school sports would make for an interesting story as well.)

Still, while I don't think high school or college football is going away, I think the cost to play this sport (and other contact sports) is going to increase rapidly. And I think we will see new "contributing factors" arise in the near future; such as playing surfaces, improperly vetted athletes, defective equipment, liability insurance, etc. For public high schools these costs will be passed along to taxpayers, and those taxpayers may eventually question why they are paying for something that benefits only a tiny percentage of the polity. It will be at this "tipping point" that real concerns about high school football will emerge.

Anonymous said...

Richard, I think you point about money is spot on. I believe it is behind the turf, the vomitorium at the HS, and the youth sports.
People may not be skimming, but there are financial incentives like getting play time for your kid, scholarships and name recognition for the volunteers.

Anonymous said...

Parents of a high-school junior in Tampa who suffered a concussion on the sidelines after jumping for a pass have sued the Hillsborough County school district; he drove himself home, but later was put in a medically induced coma for nine days to reduce brain swelling. It’s possible that the very thing meant to protect players — new protocols that define how they should be evaluated for a possible brain injury, and how long they should be kept out of play if one is diagnosed or suspected — will actually put school districts, administrators and coaches at more legal risk.

School directors beware.

Anonymous said...

Let's just put all of the children in Mt. Lebanon in bubble wrap and never let them leave the house. All sports have risks. Football is never going away-it is too much of a tradition in high school, college and society in general. Friday night lights, college football Saturdays, and pro football Sundays are a way of life for millions of Americans. I did not play a sport in high school but I was in the band and the Friday night football games were a big part of high school for my fellow band members and me. We looked forward to performing at the football games and it was just a fun part of high school. Not much has changed since then. My children and most of their friends love football games and cheering for the high school team. A great number of them participate in the experience either as players, cheerleaders or members of the high school band. There is a sense of belonging and school spirit when everyone gets together to rally behind the sports teams. Yes, academics are the most important part of high school but kids learn plenty about how to get along with others, how to work as a team and how to interact with coaches and other adults through the sports and activities that they pursue beyond the classroom. The benefits of that are enormous and I don't think anyone would argue that point. Imagine how boring school would be if the kids had nothing to look forward to except studying and tests. There is so much more to high school than just academics and kids actually perform better on standardized tests when they are involved in extracurricular activities and sports.

Yes, we all should look for ways to make the sport of football safer for the children who participate. Parents can decide to not let their children play peewee football and wait until they are older, stronger and more developed physically before playing a contact sport. I think there is some evidence that parents are doing this now. Coaches can teach safer ways of tackling and other strategies to reduce the number of injuries that are occurring now. I'm sure there are numerous other ways to make the sport safer instead of banning it altogether.

Anonymous said...

I didn't say we should ban the sport, I was commenting on the potential personal liability of school directors from concussions, and other injuries.
Even the NFL agrees with me. Look at the new rules that have already been implemented in professional football to protect the players. How did they come about? Lawsuits by players who never knew they were assuming the risk of brain injury from playing football.
I wish you well with bubble wrap.

Anonymous said...

I wasn't specifically replying to you, 4:46. The headline states: "Goodbye, high school football". That prompted my comment about banning it. I don't really care if the NFL agrees with your position. The NFL has many problems right now aside from concussions.

The players in the NFL are big boys. They damn well knew all of the risks they were taking by playing football professionally. They reaped the financial rewards that went along with taking the risks to their physical and mental health and now they see more dollar signs in the form of lawsuits by ambulance chasing lawyers. The players need to take personal responsibility for the decision to play in the NFL and everything that goes along with that.

Anonymous said...

This isn't the nanny state overreaching. This is reality arriving. Its a brutal sport. Rule changes will not help. There is no "safer" helmet. The district would be wise to shut it down sooner rather than later. The liability is endless.

Anonymous said...

Is cheerleading a "brutal" sport? There are more catastrophic injuries in cheerleading than any other sport. Should the district shut that down, also? What about hockey. Not that's a brutal sport. I went to a fight once and a hockey game broke out. Should we ban all sports because someone may get injured? Baseball players have died after getting hit in the chest with a line drive. Why are you insisting that the district shut down football and not other dangerous sports? Where will this slippery slope end?

Parents can decide whether their children are permitted to play a sport that some consider brutal. Parents have to weigh the risks and benefits of everything they permit their children to do. They must sign a waiver releasing the district from liability if an injury should occur while their child is participating in a school activity. I know that anyone can file a lawsuit at any time and for any reason. Winning that lawsuit is another matter entirely. I know many children who have suffered concussions while playing the various sports the district offers. As far as I know, none of them has yet to file a lawsuit. I don't think Mt. Lebanon is about to be inundated with such lawsuits in the future.

Anonymous said...

11:07 Sorry you couldn't play football in your youth BUT just like boxing football is here to stay.

Anonymous said...

7:06, Are the kids playing football well compensated for the risks they take playing football? You darn well know your answer doesn't apply to kids and parents but you don't care.

Anonymous said...

11:56--While I dont relish jumping into this debate, I was intrigued by your assertion "there are more catastrophic injuries in cheerleading than any other sport".
It took me less than 10 minutes to find a number of articles that debunked that narrative. Several years ago, a study was released that concluded cheerleading yielded the most catastrophic injuries in sports. Media picked it up because it was an exciting headline. Problem is, the data was faulty. First, it lumped together all injuries including concussions, which are not consideres catastrophic. Second, the period on which the study relied was a 20 year span. A lot can change in terms of safety and methods in 20 years. Third, instead of looking at cheerleading in aggregate, including not just high school and college squads but also competitive cheering teams, the study only looked at the smaller number. The difference is an estimated 400,000 versus 100,000, thus skewing the results. And once concussions are examined seperately, cheerleading falls squarely in thd middle of the stats. Know what sport ranks highest in terms of concussions? Yep. Football.

The bottom line is, football is dangerous. I'm not here to debate the merits of the game, though I do think it's asinine to put sports before academics. The choice for kids to play footballs rests squarely with parents. When those kids grow up, the choice is theirs alone. No matter who is making the choice, personal responsibility plays a role. But none of that eliminates the risk inherent to the sport.

Anonymous said...

4:38 I thought it was obvious I was referring to professional football players being well compensated for the risks they assume when playing football. Of course, children are not compensated financially. Every parent will weigh the risks and benefits of each sport and make a decision that's in the best interest of their child. Financial gain is just one of the benefits derided from playing a sport. I didn't think the benefits outweighed the risks of playing football for my son and I did not allow him to participate when he begged me to let him play at the age of 7. He found other activities that he enjoyed. From time to time he would suggest football again and I always refused. He was disappointed but he accepted my decision. Every parent will make the decision for their own child. So I do care, but it is not my place to tell other parents how to raise their children.

11:56 I agree with you about personal responsibility but I don't think anyone is putting sports before academics. At least, I don't. The bottom line is, a lot of sports are dangerous and there are risks inherent to any sport.

Anonymous said...

*gained, not derided from playing a sport. Sorry.

Anonymous said...

Nothing compares to the hitting in football. Nothing. I'm guessing the class action suit against the District will be filed by 2020 if not sooner. The coaches and "trainers" will run for the hills. Only the District and its deep pockets will remain to pay the settlement.

Richard Gideon said...

Here's a companion story concerning college football:

Should Collegiate Athletes Be Paid? by Professor Peter Jaworski (Georgetown University).

In this video Professor Jaworski, speaking of the Alabama "Crimson Tide," says, "They tackle each other in war without killing, risking injury, concussions… health consequences that last for the rest of their lives. And all for a meager, tiny, infinitesimal chance to maybe make the NFL, or more realistically, become a part of Tuscaloosa’s football lore."

Anonymous said...

Here's something funny: On other articles people are complaining about miniscule toxic effects of zinc and whatnot in artificial turf, then they come here and say concussions are no big deal.

By miniscule, I mean risks on the order of one in a million. On the other hand, concussions are a real thing directly affecting countable numbers of our children.

As usual, extremists lack perspective.

Anonymous said...

I'm amazed that we've survived as a species with kids playing ball on grass, not wearing helmets when they rode bikes or roller skated, scheduled playdates without helicopter parents choosing the right friends.

Anonymous said...

I may lack perspective but you lack reading comprehension skills. Where did anyone say "concussions are no big deal"? I couldn't find any post that made that claim. Someone said that concussions aren't classified as catastrophic but that is far from saying they aren't a significant injury. I think they can be catastrophic when they lead to swelling of the brain.

I also don't think that all football players in high school and college have dreams of one day playing in the NFL. They know that there is only a small chance of that ever happening. Maybe they play for love of the game. Also, they get the prettiest girls on campus if you're into that sort of thing. Honestly, no one is holding a gun to their heads and forcing them to risk life and limb. They all have individual reasons for playing the game and obviously those reasons are worth the risk of injury to them or they wouldn't have made the decision to play.

Anonymous said...

9:30 what is your definition of a helicopter parent? I think you are abusing the terminology.

We may have all survived as a species, I'll give you that. It would be unethical to ignore information known to to cause harm without proper warning.

I'm sure most of us were driven home from the hospital after our birth in our mother's arms, not an infant car seat as we do now.

Y'all should look up brain shearing. Diffuse Axonal injury. The first few listings of it on google are from law firms. Wonder why? A concussion is probably it's mildest form.

Anonymous said...

this is a post about risks and liabilities.

this school district and municipality are taking a lot of risks -- and they know it. the choices they are making are calculated and they tend toward assuming that no one will take action against them.

they are playing with fire -- high school football is just a socially acceptable example of risk/liability as an undertaking for the school district. they are doing things that are much worse -- illegal, harm-inducing and negligent.

the time will come when they will be held accountable.

Lebo Citizens said...

A Lebo Citizens reader emailed this link with the results of a national poll by the Robert Morris University Polling Institute Powered by Trib Total Media, 49.4 percent of Americans support a ban on youth playing contact football prior to entering high school. - See more at: RMU Poll Shows Growing Support for Banning Youth Contact Football
Elaine