Appeal from decree of Court of Common Pleas of Dauphin County, No. 3122 of 1971, in case of School District of The City of Harrisburg v. Pennsylvania Interscholastic Athletic Association.
Ronald M. Katzman, with him James W. Evans, and Goldberg, Evans & Katzman, for appellant.
Rod J. Pera, with him William M. Young, Jr., and McNees, Wallace & Nurick, for appellee.
Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Opinion by Mr. Chief Justice Jones. Mr. Justice Roberts and Mr. Justice Pomeroy concur in the result. Mr. Justice Nix and Mr. Justice Manderino dissent.
This case arose from the aftermath of a September 17, 1971, football game between Harrisburg High School ("Harrisburg") and Cedar Cliff High School ("Cedar Cliff") involving post-game incidents of fighting among the game's spectators. While the record is imprecise, it does appear that there was fighting in the area of the stadium parking lot and that at least three persons were injured: one young woman suffered a cut head, a male student sustained a fractured jaw and another unidentified male was beaten with a lead pipe. The initial outbreaks prompted a stadium announcement intended to restore order. The announcement had the opposite effect and fighting became more widespread.
Upon learning of the events following the Harrisburg-Cedar Cliff game, John W. Bolten, President of the Central Pennsylvania Football League ("CPFL"), convened September 21 and 23, 1971, fact finding meetings attended by Donald R. Meehan, principal of Harrisburg, Louis S. Edwards, principal of Cedar Cliff, E. Jerry Brooks, chairman of the Pennsylvania Interscholastic Athletic Association ("PIAA") District III and Theodore R. Wagner, Jr., Executive Director of the PIAA. As a result of these meetings, CPFL censured Harrisburg and warned that future incidents would result in suspension from the CPFL. A report of these proceedings and the CPFL action was sent to the District III PIAA Committee.
On September 28, 1971, at a regularly scheduled meeting of the PIAA District III, the Harrisburg and Cedar Cliff principals and CPFL President Bolten offered testimony on the Harrisburg-Cedar Cliff incident. After hearing testimony, PIAA District III censured
Harrisburg and imposed two years' minimum probation, which probation included the proscription of Harrisburg's participation in any athletic contests or practices beginning later than 4:00 p.m.*fn1
Pursuant to PIAA constitutional procedure, Harrisburg requested, and was granted, an appeal to the PIAA Board of Control. After testimony was heard by the Board of Control on October 16, 1971, the action of PIAA District III was sustained.
Harrisburg (appellant) filed a complaint in equity in the court below on October 18, 1971, seeking, inter alia, a preliminary injunction. The court found no irreparable harm and denied the preliminary injunction on October 29, 1971. On January 4, ...