DANE CHISHOLM (19-3034) AND REID LINNINGER (19-3100), FORMER STUDENT-ATHLETES OF ST. MARYS CITY SCHOOLS v.ST. MARYS CITY SCHOOL DISTRICT BOARD OF EDUCATION, SHAWN BROWN, JAMES HOLLMAN, AND PAUL DOUGLAS FRYE - Articles

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DANE CHISHOLM (19-3034) AND REID LINNINGER (19-3100), FORMER STUDENT-ATHLETES OF ST. MARYS CITY SCHOOLS v.ST. MARYS CITY SCHOOL DISTRICT BOARD OF EDUCATION, SHAWN BROWN, JAMES HOLLMAN, AND PAUL DOUGLAS FRYE

Posted by: Karen Belcher on Jan 7, 2020

Court: 6th Circuit Court (Published Opinions)

Attorneys 1:

ARGUED: Mark A. Weiker, ALBEIT WEIKER, LLP, Columbus, Ohio, for Appellants. Tabitha Justice, SUBASHI, WILDERMUTH & JUSTICE, Dayton, Ohio, for Appellees St. Marys, Shawn Brown, and James Hollman. William V. Beach, ROBISON, CURPHEY & O’CONNELL, LLC, Toledo, Ohio, for Appellee Paul Douglas Frye

Attorneys 2:

ON BRIEF: Mark A. Weiker, ALBEIT WEIKER, LLP, Columbus, Ohio, for Appellants. Tabitha Justice, Brian L. Wildermuth, SUBASHI, WILDERMUTH & JUSTICE, Dayton, Ohio, for Appellees St. Marys, Shawn Brown, and James Hollman. William V. Beach, Amy J. Luck, ROBISON, CURPHEY & O’CONNELL, LLC, Toledo, Ohio, for Appellee Paul Douglas Frye.

Judge(s): ROGERS, WHITE, and READLER, Circuit Judges

Court Appealed: Appeal from the United States District Court for the Northern District of Ohio at Toledo

CHAD A. READLER, Circuit Judge. Playing football is not for the fainthearted. During games, players risk physical injury in the name of beating an opponent. Even at practice, players put their physical wellbeing at risk to compete for starting positions and to gain an edge for an upcoming game.

As a matter of decency, Frye’s conduct was distasteful, and no doubt offensive to many. But as a matter of law, his conduct did not constitute sex-based discrimination, in violation of Title IX, nor was it conduct intolerable in a civilized society, in violation of Ohio tort law. Accordingly, we AFFIRM the judgment of the district court.

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