Newspapers sue IHSA
SPRINGFIELD — The Illinois Press Association has filed a lawsuit against the Illinois High School Association in an effort to overturn a rule that limits access to school sporting events and the use of photos taken at those events.
According to the lawsuit, the IHSA has contracted with Visual Image Photography Inc. for “exclusive and unlimited access to IHSA tournament locations and photo opportunities.” At the same time, newspapers are required to sign an agreement limiting their own access and the “secondary use” of photos not printed in the traditional newspaper.
The Northwest Herald in Crystal Lake, a sister paper of the Bureau County Republican, joined the IPA in the lawsuit.
According to a press release issued by the IPA, photos published in the traditional newspaper are not subject to restriction. Photographers typically shoot dozens of photos and use only one or two in the newspaper. All the unused photos are subject to IHSA control, according to the terms of the media pass agreement for state tournaments.
Such requirements amount to prior restraint of the media’s free press rights, the lawsuit claims.
“It’s very clear what this is about,” said David L. Bennett, executive director of the IPA. “After a century of supporting and promoting local school sports, newspapers have helped develop a market that the IHSA now wants for itself. We believe what they’re doing is unlawful.”
A hearing on the lawsuit is set for 1:30 p.m. Monday in Sangamon County Circuit Court with Judge Patrick Kelley.
Mike Patterson, athletic director at Bureau Valley High School, said he has no opinion on which side is right, but that the rule would create a limited choice for fans to purchase pictures.
“The question is does the IHSA, as a private body, have control of this, and the judge, who knows a lot more than I do, will figure it out,” he said.
Patterson said he knew that VIP has had a long and good relationship with the IHSA, but he had another question.
“My concern, if they’re the only one, I wonder what it will do to the prices?” he said.
Kevin Hieronymus, sports editor at the BCR, said this is just another example in which news media has clashed with the IHSA in covering high school sporting events. He has had issues with the IHSA for limitations of flash photography and restrictions on where you can shoot pictures from in IHSA postseason tournaments.
“The IHSA needs to remember we are not shooting pictures for ourselves, rather for the kids, and the scrapbooks the moms and dads put together,” he said.
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