IPA files motion to strike IHSA's lawsuit

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SPRINGFIELD — The Illinois Press Association stepped up to the plate again Thursday in its legal efforts against the Illinois High School Association by asking a Sangamon County Circuit judge to strike a counterclaim lawsuit.

Earlier this fall, the IPA filed a lawsuit against the IHSA in an effort to overturn a rule that limits access to school sporting events and the use of photos taken at those events. The Northwest Herald in Crystal Lake, a sister paper of the Bureau County Republican, joined the IPA in the lawsuit.

In a statement, Dave Bennett, executive director of the IPA, said his board met Dec. 7 and strengthened its resolve to challenge the IHSA’s practice.

“The IHSA is trying to control something that it doesn’t own,” Bennett said. “And if we don’t comply, they take away our constitutional rights to equal access to public events. We can’t sit on the sidelines and let that happen. It’s not up to the IHSA to determine what news is and how it is distributed.”

The IHSA prohibited five newspapers from having field access during the 2007 State Football Finals.

“We made a good faith effort to work with the IHSA on this issue,” Bennett said. “We reached a compromise on some points but still were at odds over the secondary use of photos. We withdrew our legal motion for a preliminary injunction and agreed to discuss the secondary use issue with our board on Dec. 7, but that wasn’t soon enough for the IHSA.”

Thursday’s motion asks the court to strike the counterclaim on the basis that it was improperly filed.

The IPA also asked the court to extend its time to file an amended complaint until Jan. 15.

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