Clinton v. Nagy - 411 F. Supp. 1396 (N.D. Ohio 1974)

Rule:

Where a regulation is based upon a classification by sex, that classification is subject to scrutiny under the Equal Protection Clause of the Fourteenth Amendment to ascertain whether there is a rational relationship to a valid state purpose.

Facts:

Plaintiff, Brenda Clinton, brought this action, through her mother and next friend Johnnie Clinton, seeking the issuance of a temporary restraining order and a preliminary and permanent injunction against defendants John S. Nagy, Commissioner of the Division of Recreation of the City of Cleveland; Robert Maver, Director of the Cleveland Browns Muny Football Association; Charles Hall, Director of Class "F" Muny League teams; and Ralph J. Perk, Mayor of the City of Cleveland. The mother contended that preventing the minor from playing football was sex based denial of equal opportunity. The minor’s mother was made to sign a waiver absolving the city and football association of any liability even though the same waiver was not required of male participant. The action was filed pursuant to 42 U.S.C. § 1983 and seeks to enjoin defendants from depriving Clinton of equal recreational opportunities because of her sex and a declaratory judgment that the policies, customs, and practices of the defendants are in violation of the Constitution and laws of the United States.

Issue:

Should an injunction be granted to the mother and next friend of the minor against defendants for preventing the minor from playing football in violation of § 1983?

Answer:

Yes.

Conclusion:

The court found that denying the minor the opportunity to participate in football solely based on her sex did not bear a rational relationship to a legitimate state purpose of providing the safety and welfare of females. The court granted the mother the temporary restraining order, finding a substantial likelihood of success on the merits of her claim, concluding the medical evidence that would be presented established that males at that same age were larger and more developed. The court observed this suit was by one named plaintiff and there was no indication that it was alleged that the minor did not meet the physical standards of the other team members.