Never Contemplated Construction?

Never Contemplated Construction?


In the 1990s, parents of girls in a handful of towns throughout Nebraska sued to force school districts to elevate softball from a club sport to a sanctioned sport. Since then, most of the Title IX complaints have been handled short of litigation — through petitions to school boards, the Nebraska School Activities Association or letters from attorneys raising the prospect of a Title IX case. An example: An attorney who was the parent of an Omaha Westside softball player sent a letter to school board members after officials unveiled a gleaming new baseball complex on high school grounds in 2007. Meanwhile, the school’s softball team was playing a couple miles away on a city-owned dirt field. Westside officials responded with major upgrades to the softball fields. In the Bennington case, three sets of parents — Kenneth and Rebecca Lowther, Brian and Angie Scobee and Donald and Jennifer Sedlacek — filed the federal lawsuit on behalf of their daughters, who play softball or basketball or both. Samuel Schiller, a Tennessee-based attorney who is handling the case for the parents, has filed dozens of lawsuits in at least 18 states over unequal treatment of boys and girls. The lawsuit doesn’t seek monetary damages other than attorneys’ fees. Instead, it seeks to level the playing fields between boys and girls. The lawsuit focuses on several details in each sport that the girls’ parents allege show the school district doesn’t value girls’ sports as much as boys’. BASEBALL vs. SOFTBALL: The baseball program is provided more balls of superior quality than the softball program; more uniforms than the softball program; more safety screens of higher quality and better condition; more coaches and more access to high-quality off-season training; and a mobile batting cage that is not provided to the girls. PRIME GAME TIMES: The girls’ basketball team gets the non-primetime game slots and must travel by bus to away games with the JV boys’ and girls’ teams. “The Varsity boys, in contrast, are transported later in the day, arriving in time for their game without the requirement of waiting on site, as the Varsity girls are required to do,” the lawsuit says. Schools across the NSAA deal with similar travel schedules, as girls’ varsity games typically start at 5:30 p.m., while boys’ varsity games start at 7:15 p.m. UNIFORMS: The parents say the boys are provided “more and higher-quality uniforms” than the girls. FACILITIES: The baseball program has two fields — one for varsity and another field for lower-level teams. Softball has one.

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