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On the surface, the battle between the legislature and Gov. Tom Wolf over high school sports might seem simple.
It’s no surprise. They battle over everything. It’s easy to grasp. Lawmakers want high school sports now. Wolf doesn’t want high school sports this year.
And it follows a familiar Pennsylvania COVID theme. Democrat Wolf is an overreactive duck-and-cover, my-way-only tyrant. The Republican legislature is thick with don’t-tread-on-me science-deniers willing to put lives at risk.
Especially when it comes to football in an election year in a rural state where (without apology to Texas) “Friday Nights Lights” is a cultural touchstone.
So, lawmakers pass a bill giving schools authority to make their own sports decisions, including crowd size. And Wolf says he’ll veto it.
He’s got until Monday to do so. Or change his mind and sign it into law. Or allow it to become law without his signature. That’s the process.
But there’s more going on here than process.
This fight is different than dozens of earlier Wolf v. Legislature spats. This time, lots of Democrats join Republicans in opposing the governor. In fact, more than enough to help override a veto – unless, of course, D’s don’t believe in a bill they voted for.
Wolf’s never been overridden. Says he “can’t conceive” of being overridden now.
We’ll see.
But the issue is scrambled. It slips around like a fumble in the mud.
Wolf, in early June, released guidelines for high school sports. Then, in early August, Wolf recommended no high school sports until 2021.
Then state Health Secretary Rachel Levine stressed that Wolf has “no plans” to ban high schools sports, and decisions to play rest with schools. And Wolf told schools districts and the Pennsylvania Interscholastic Athletic Association, “You do what you want.”
They did. In the PIAA’s District III, covering 10 Central Pennsylvania counties, for example, 90 of 93 schools with football teams are set to play a 2020 season.
So, why pass legislation to give schools sports controls they already have and use?
Three reasons: it’s an election year; the bill allows schools to set crowd size; and it’s an election year.
GOP leaders see the issue as a winner, in a community/family/tradition sort of way; a positive to push (say it with me) in an election year.
Oh, and in the scrambled category? Crowd-size limits set by Wolf (250 outdoor; 25 indoor) are unconstitutional, according to Western Pennsylvania U.S. District Court Judge William Stickman IV. This past Monday he ruled such limits violate First Amendment rights to peaceable assembly.
Wolf is appealing the ruling and seeking a stay to keep crowd limits in place. Meanwhile, high school football kicks off across the state amid reports of out-sized crowds showing up at games in Western Pennsylvania.
(Stickman also ruled Wolf’s stay-home and biz-shutdown orders unconstitutional. Other courts have sided with Wolf. A Republican I know said of Stickman, “Yes! A judge who finally gets it!” A Democrat I know noted Stickman was never a judge on any court until President Trump put him on the federal bench last year.)
The ruling against Wolf and the BIG 10 Conference decision to reinstate its collegiate football season won’t help the argument against high school sports.
But the maddening truth behind all this is lingering doubt around the basic question – is it safe to play?
You’d think almost certainly for non-contact sports. But football? Basketball?
As a parent of sons who played these sports in high school and college, I know well the weight of the game, the totality of engagement from athletes that age. It is simply a love that grips heart and soul.
Who wants to take that from their child?
Yet, if play presents any chance of contracting a disease with possible long-term damage? Who wants that risk for their child, on top of routine risks involved in sport, and life in general?
Too much pandemic guidance, both medical and governmental, is seen as motivated by or tarred with politics. Too much appears redundant or arbitrary.
The result creates lack of trust and uncertainty about what’s right. It hands high school athletes and their families another worry – in an already-worrisome time.
John Baer may be reached at baer.columnist@gmail.com
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