The URL can be used to link to this page

TR-2013-38 CHEERLEADING AS A SPORT U� � � ��- ` � �� Oct. 7. 2013 12: 17PM Agawam Public Schools No, 1371 P. 2 SCR-13-25 RESOLUTION TO SUPPORT HOUSE BILL 445 ENTITLED, "AN ACT RELATNE TO RECOGNIZING C1fEtRLEADING AS A SPORT" (Sponsored by Agawam School Committee) WBEREA5,there is a bill currently pending before the Commonwealth of Massachusetts House of Representatives known as House Bill 445 entitled, "An Act Relative to Recognizing Cheerleadirg as a Sport, " and WHEREAS, House Bill 445 declares it to be the policy of the Corainonwealth of Massachusetts to encourage School Committees to recognize cheerleading as an interscholastic sport, and W 2REAS,House Bill 445 is currently before the Joint Committee on Education, and WHEREAS,the Joint Committee on Education conducted a public hearing on June 20, 2013, at the State House regarding House Bill 445, and WHEREAS, it is in the best interests of students and the Town of Agawam to recognize cheerleadin.g as an interscholastic sport, and WHEREAS, Agawam High School Principal, Steven Lemansld, and Athletic Director, David Stratton, supports House Bill 445_ NOW THEREFORE, be it resolved that the Agawam School Committee supports the passage of House Bill 445 entitled, "An Act Relative to Recognizing Cheerleading as a Sport, " and supports notifying Governor Patrick, our State Senator, and our State Representative,Nicholas Poldyga, of its support for the pending legislation. William P. Sapelli, Superintendint Date SCHOOL COMNIITTEE ACTION yeas nays 0 absent 0 abstention Dated this day of , 2013. Richard A. Cohen,Mayor/Chairperson Agawam School Conunittee Oct. 7. 2013 12: 16PM Agawam Public Schools No. 1311 P. 1 Agawam Pubfic Schoots ti Superifitendent�s.Office 1305 Springfield Street Feeding Hills, MR 01030 . to- From: Fax; Fax: 413-789-1835 Phone: Phone: 413-821- Email: D ate: _ /d 7 m Subject. Numberofpages Including cover.sheaf Comm,eiats: NOTE: This message is Intended only for the use of the individual or entity to which it is addressed and may contain inf'ormadon that is privileged,confidential and exempt from dLtcfture under applicable law. if the reader of this message is not the Intended recipient or the employee or agent responsible For dellvering•the`message to the intended recipient you are hereby notified that any-dissemination, distributlon or copying of this communication is strictly prohibited. If you receive this message In error'please call413-821-05f hank yowl , l TR-2013-38 A RESOLUTION SUPPORTING HOUSE BILL 445 ENTITLED "AN ACT RELATIVE TO RECOGNIZING CHEERLEADING AS A SPORT" (Sponsored by Agawam City Council) WHEREAS, there is a bill currently pending before the Commonwealth of Massachusetts House of Representatives known as House Bill 445 entitled "An Act relative to recognizing cheerleading as a sport"; and v C:: l .I WHEREAS, House Bill 445 declares it to be the policy of the Commolyyvea of Massachusetts to encourage school committees to recognize cheerleading as an intchtic sport; and . x WHEREAS, House Bill 445 is currently before the Joint Committee on Education;'Qid 3va WHEREAS, the Joint Committee on Education conducted a public hearing on JFne 20c)-' 2013 at the State House regarding House Bill 445; and WHEREAS, it is in the best interests of the Town of Agawam to recognize cheerleading as an interscholastic sport; and NOW, THEREFORE, the Agawam City Council hereby resolves to support the passage of House Bill 445 entitled "An Act relative to recognizing cheerleading as a sport" and to notify the Governor, our State Senator and our State Representative of its support for the pending legislation. Dated this day of 101 fh ber, 2013. PER ORDER OF THE AGAWAM CITY COUNCIL Ash Christopher C. Jo s n, City Council President 0"j 9 C. - —rri C b ~ APPROVED TO FORM AND LEGALITY UAI r i <;C��. ce Vincent r Gioscia, City Solicitor �� i MAYORAL ACTION Received this `4 day of mbe r , 2013 from Council Clerk. Signed by Council President this 3(k day of< Cam, 2013. APPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the AgawCharter, as end , I he eby approve the passage of the above legislation on this��day of 2013. Richard A. Cohen, Mayor DISAPPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby veto the passage of the above legislation on this day of 2013 for the following reason(s): Richard A. Cohen, Mayor RETURN OF LEGISLATION TO COUNCIL CLERK Returned to Council Clerk this day of �f VP"2013. Lill 1 CAL 11T-rJ 1 ` HOUSE DOCKET,NO,2095 FILED ON:111 712 0 1 3 HOUSE . . . . . . . . . . . . . . . No. 445 s El bt tCommenmealtb of fKa55allps ett5 � t r S mFii MrL•L)tip': r � Brhm R. 44tinnrd r , 1 7ir the Haearuhle Sennle and 11ousc of Re/nescnlruives ofrlre Cononanwealrlr of Aius.sachuseus in General ; t Court aiserahlc'rL' f t 'e 'rhe undersigned Ims1wors and/ur citizen¢respecSrullc rvmion fie the passngc of the ucomranpmg: An Act tetMive Lu recuLnizing chccrleading as it sport. . i PrMION()r: k 1 i NAME: � DISTRICTIADDRE55: Boon P_ Mannal end Rarvrsicrhle Josh 5. C viler hrh Ph,moulh Cleon H. Turner 131 Rarnsurhle l .4uron !•'et=u 5rh Hampden e 1 Tom Sannicandro 7M eWiddlesex 4 Timoihv R. dludden Barnsicible• Dukes and fvunlucket } GegfTDiehl ! 71h Pli mouilr ' Danielle 14'• Gregoire 4th Middlesex _ 21cma Dizoglio 141h Essex t Xlarjorie C. Decler 25rh A'liddhescs i HOUSE DOCKET.NO.2095 FILED ON V17r2013 r 1 HOUSE . . . . . . . . . . . . . . No. 445 ; By Mr. Mannal or Barnstable.it petition(accompanied h�•bill. l'fousC_No.445)0l'Brian R. Manna]and others for lcr;islalitrn to rrcounizc cheer;eadine tts a sport. !?ducalion. e Dic Lommontnr.altb of Aa55ar[)u5ctt5 r i . E In Ihr 1'ear'I'wn'I•huusund'I'hireren An Act rclaiivc to recognizing checrlwding as a sport. Hen anacreff lie•rhr Sentife nud louse of Rvprrvenrnmve.s in("mewl C,'uurr rrvarmhled.and hi//w uurhoroY )J7he vurne. u1 iarlosra. tiliC:HON 1 {'IralllCi 71 of the(icncril as r;irin;trin, in thr 2I)10(➢flscai Fditiml. is hcrchv amcndfM hx nddin_� Itic fi}IluuinL cclion.- htt-,)s://i-,aleci,faturt.�,OV/pills/BillHinil/1'?643 ?�reneralCourtld=l1 711212013 Lill I GAL ' A1'T'TJ • wb.. .+ .+. .+ SectiOn 37P. It is hcrehy declared to he thr policy of the commonwealth to encourage all school t committees to rccouni•re clieurleadinL as an interscholastic spun and Its;►dopL policies that promote equal opportunities and funding, For said spurt. t � The information congamed 4r rhiS website is for general information PurPases Orly,The General Court Provides this information as a k public Service and while we endeavor to keep the data accurate anti Wrrsrl LO the best of our ability,we make no representations or warranties of any kind,express or implied,about the completeness,accuracy,reliability,suitability or availability with respect to the website or the information contained on the website for any purpose.Any reliance you place on such information is therefore strictly at f your own rrsk. Snow!H:Ce Site Map Mess.aov I Site Map I Site Polo ev I Contact Us Copyright©2013 The General Court,All Rights Reserved htms://analcaislatune.nov/Bills/Bi11Htm1/l?643 3?,-encla1Courtld=11 = 7112/201 Is cheerleading a sport?A Massachusetts bill may make it one - Lowell Sun Online Page 1 of 2 Is cheerleading a sport? A Massachusetts bill may make it one The Lowell Sun Lowell Sun Updated., LowellSun.com By Colleen Quinn State House News Service Over the years, cheerleading has morphed from dancers waving pompoms and wielding megaphones to student athletes performing gymnastics, high lifts and creative dance routines at sporting events across Massachusetts. Cheerleaders say it is time for schools and athletic organizations to take their athletic ability more seriously, and are pushing lawmakers to pass a bill officially recognizing cheerleading as a sport (H 445). Former and current cheerleaders told Joint Education Committee members Thursday that if cheering is recognized as a sport they would have better access to training facilities, well- trained coaches, and safer equipment. Without the recognition, cheer squads will continue to play second string to other school sports teams where they are forced to practice at odd hours after other teams are finished using facilities. If the bill were to become law, state policy would officially encourage all local school committees to recognize cheerleading as an interscholastic sport and to adopt policies that promote equal opportunities and funding for cheerleading. Emma Mannal, 12, a sixth grade cheerleader from Barnstable, said she spends hours practicing in a "hot, sweaty" gym four or five days a week. "We spend hours each day, weeks, and even months trying to perfect harder and more complex tumbling skills. We work just as hard as other athletes, we may even work harder," Manna[ told lawmakers on the Education Committee. A law recognizing cheerleading as a sport would go a long way to changing perceptions about the girls' athletic abilities, advocates said. "We do something other athletes don't have to do. We have to defend our sport," Mannal said. Mannal is the daughter of Rep. Brian Mannal, a Democrat from Barnstable, who said he filed the legislation because he has watched his daughter and her team struggle for recognition and practice space. Mannal, a freshman representative, said some people might think the legislation is "silly" or not serious. http://"nvw.Iowellsun.com/N,ervebreakingne,A,sfeed/ci_23 503210/1s-cheerl eading-sport-ma... 7/30/201 3 Is cheerleading a sport? A Massachusetts bill may make it one - Lowell Sun Online Page 2 of 2 "There are literally thousands of young women, cause let's face it cheerleading is predominately a female sport, that don't believe having an equal opportunity to participate in the sport of their choice is a silly issue," Rep. Mannal said. . Autumn Campinha said she has had bruised ankles, and sprained knees and wrists from the throwing, flipping and swings the Barnstable Silverbullets perform. "We practice non-stop to get ready for games and competitions. It hurts to hear cheerleading is not classified as a sport," she said. Cheryl Duddy Schoenfeld, a former New England Patriots cheerleader and high school coach from Dedham, said modern competitive cheerleading is "fierce," requiring strength, creativity and superb gymnastic skills. If cheerleading was considered a sport student athletes would become eligible for awards and scholarships given to other athletes, Schoenfeld said. "They deserve to be recognized for their accomplishments," she said. Cheerleaders are not the only ones calling on lawmakers to deem cheerleading a sport. The American Academy of Pediatrics recently issued a report calling on all state legislatures to enact laws recognizing cheerleading as a sport. The medical organization pointed out injuries related to cheering as a reason to declare it a sport, according to Rep. Mannal. Rep. Alice Peisch (D-Wellesley), co-chair of the Education Committee, asked what was preventing cheerleading from being recognized as a sport without a law. Rep. Jeffrey Roy (D -Franklin) asked if anyone was working with Massachusetts Interscholastic Athletic Association to push for recognition. "As far as I know anytime it has been brought up it has been rebuffed by MIAA," Schoenfeld said. Representatives from MIAA, who were at the hearing to testify on another bill, had just left the room before the cheerleading bill came up. "MIAA is, in a sense, the only game in town. They have a lock on Massachusetts high school sports," Rep. Mannal said. "If they say it is not a sport, it is not a sport unless we (lawmakers) change it." A state law that recognizes it would encourage school committees to recognize it, and it will "over time be something the MIAA must recognize," he said. http-.//mm,w.Iowerlsun.com/vervebrealcingnewsfeed/ci_'2)'503?]O/is-clieerleadiiic,-spoil-ma... 7/30/2013 • L s debate: �. ByICOLIN QUINN `and safer equipment. Stat6h6use News'SerJice the recognition, cheer-squads 1 AS s _. uvill continueifp flay:second- $QSTON,•-Over the years;'•string to,other.-school,spbrts -cheerleading•- has:•-Jnorpkied .teams where they are forced-to from,,,.dancers;.;waving pom- .practiceat odd hours after ath- _pomsr':and•,;Wielding: mega- erteams are.finished•using:fa- :phonegA do, 'student;athiJ s duties r perforinttrg .6*1,astics;.high. -1f-:the bill were to •become 4iftg..and�eative=dance lrou= .law=state'policy.would -offi- p. g cialiy encourage :all. local .Assae,oref3 Preis t1ne,5;at:S OI iIl events acrOss �a r•_ iMlisaissi , ;i i:Fiee�feaderis erform r�urin a m , MChee headers say, #.is time :school cheerleading as an inter_, bi"Ae'fbal game y►nth Arkansas Jan.:19 in Oxford; " 4orsdhoolsand;athleticorgan- scholastic sport:andito adopt .Miss: 4.iations:;'to take their athletic ;policies • hat. :promote equal r . ,ability:rnb e:seriously;,and are .opportunities and funding for work just as hard,as-other ath- athletes.don't have-to do..We ;pushing'law,makers#o-,pass:a .cheerleading. detes,we may even work hard- have to defend our. sport," 'bill,". :officially :recognizing' Emma:Mannal, :12,-a sixth- er;" Mannal told lawmakers Mannal said.,,. •cheerleading as,a,sport:: ..-.-: :grade cheerleader from Barn- ..on-the Education-Committee. Manna] is the daughter of ,Fornier,-and-�burrent'�dheer- stable, said she spends hours -A-,.-: 'Taw,: :r•e c o,gn i z-in g :Rep. Brian Mannal, a Demo .leaders-told .Joint Education' ;•practicing.in .a "hot,~sweaty"_ cheerleadingas_a:sport would crat., from Barnstable, •who Coriiniittee menibeis-"Tours- .gym.four&five,days a:week., go—long way'toward chang- said he filed.the legislatibn"be-. day? at.if cheering,is.recog- . -"We spend'hours,each day, mg•.:percepfions about the cause. he has .watched-:his' nized.as :a sport they would weeks,and even months try- girls' athletic ,abilities; advo- daughter and her team striug- have better•'acces's to training -4ngtd�perfect1arderand more .cdtes.said:. facilities,welktrained coaches complex tumbling skills. We "We do something other Please see'Cheer,Page BG SON The Republican,,Friday,June.21,2013 Che"en eon finu ConfinuedIrom.'Page 21; cheerleading is "fierce," re- -qumng strength;' creativity gle .for recognition and prat- and superb gymnastic skills. tice space. Mannal, a Cheerleaders are not the freshman representative, said only ones calling on lawmak- soine people might think the ers to deem cheerleading a legislation is"silly"or not seri- sport. ous. The American Academy of "There are literally thou- Pediatrics recently issued.a re- sands of young women - be- port calling on all state le&la- cause, -le.t's ' face it tures to e'n•act laws cheerleading-is predominately recognizing cheerleading as a a female sport-that don't'be- sport. The medical organiza- heve havmg.an equal opportu- Lion pointed out injuries relat- nity to participate in the sport ed to cheering as a reason to of their choice is a silly issue," declare it a sport,according to Rep.Mannal said. Rep.Mannal. Autumn Campinha said she Rep. Alice Peisch, D- has had bruised ankles, and Wellesley,co-chair of the Edu- sprained 'knees and wrists cation Committee,asked what from the throwing, flipping was preventing cheerleading and swings the Barnstable Sil- from being recognized as a ver Bullets perform."We prat- sport without a law. Rep. Jef- tice nonstop to get ready for frey Roy, D-Franklin, asked if games and competitions. It anyone-was working with the hurts to hear cheerleading is Massachusetts Interscholastic not classified as a sport." Athletic Association to push Cheryl Duddy Schoenfeld,a for recognition. former New England Patriots "As far as l know anviime it cheerleader and high school has been brought uDit has coach from Dedham, said been rebuffed by 1Vll. t. Cheerleaders Should Be Treated Like Athletes, Says American Academy of Pediatrics - WSJ.com Page 1 of 4 l} News,Quotes,Companies,Vicleas SEARCH U.S.FDIT'ION idrnnay }.r' ,,_ fIL•+::• �ril::A>nl R J1 I'.`.]n 1 Substribu Lop In knlne World U.S. N-w Yn:k. 13nvn^ss Tech ht irkrr!, Markel Data Cinmmn Lffq&Culture Ruat Estate Management C•Suite Ans&Entertainment Cars Books&Ideas Fashion Food&Drink .Sports Travel Rearm Retirement Planning WSJ.Magazine Off Duty-The A-Hetl 4 } {, Hospitals I)cfanr?cd I•Ill'Shows +; +r, r1n}erit;;tns Living Celgene Blood-Cancer Drug IF Prescrshe Rif;Data Prrnnisc ill Guile"thcrap Longer, liut Not Shop+•s Positive l(CSllltti •4;}'' ?1 to Track Doctors at Always Hualthiler Work ItC-Ar,tII F.Wt Lt MISS ilCtnber 22.111 V,,651 p;n L' . Treat Cheerleaders as Athletes, Pediatrics Academy Advises Article F Comments(e) MORE IN mbkLTR d WELU&SG. Email Print By KAIHER3NC HOBSON �r. INVMMENT TRACKER 1 E / / LEA e MOPX r More in Health & Wellness Univetstly at Kentucky cheerleaders during the 2012 NCAA Southeastern Conlerence college basketball is BVdLiInV Snacking Sad? IOurnarnent In New Orleans In March licet 11';Is+to Soothe a 1'ai[tial Sunburn The nation's pediatricians say cheerleaders should be treated more like athletes to Aintin s„r Fa<u:r I t[:Iiresiuu Rciiri help prevent serious injuries from stunts and pyramids. "will, A Ncw I'l,ell I Irlig Hrrpati[is C'I',,tin; Urged hy'l';!sk Furec In a report published online Monday, the American Academy of Pediatrics recommends that cheerleading should be designated a sport at the high school and Popular Now Wh■lr rn,0 collegiate levels"so that it is subject to rules and regulations set forth by sports governing bodies,"such as the NCAA. Opirtiun:Stratsscl. Another IRS Lal�11.11- There are an estimated a00.000 participants in high school cheerleading,almost allScandal Waiting(u ° I•Iaplien women, and 29 states recognize high school cheering as a sport. s The National Collegiate Athletic Association doesn't track the number of college Opinion:lNoanan: How to Find cheerleaders because it isn't considered a sport. 2 Grace After Disgrace htin:i/online.�rsi.ct}ml�trticl�!�E�10001424052970-204 i��f(1 �7�(17?(�fl(}�1�;(1�;7t?:ft�.})tml 7/12/201 3 rp--mots Sal ) Mlllcl Ludll t, L autllly Ul t CU]dLll4b - Yv,)JA,0111 rdgu L U1 `+ �j3orts,must petition to be recognized ?t y.I-the NC AA, and the criteria for Inclusion, among other things,state that ?, there must be an element of ry,= competition.Two groups emphasizing Doctors ( • tumbling and stunts have asked for cheerleading recognized as an *�i,..::.....,. •.rye..,.s._. '" emerging sport. Debate . An NCAA , spokeswoman says the petitions will be Firzlcranci in San 4 i Fisco „i;i,,• reviewed for three years. Sideline cheerleaders wouldn't be included. l !� 1'.�4fC.4 .J"I1'3 Cheerleading has a lower overall injury rate than women's sports like gymnastics, G Opinion:George 9!" soccer and basketball, But the rate of catastrophic injury, causing death or `1 Y.Shultz:'rheNorth permanent disability, is comparatively high, according to previously published data Globe American C: hat... cited in the pediatrics academy report. According to researchers at the University of North Carolina's National Center for Show 5 More Catastrophic Spoil Injury Research, about 55%of the 128 direct catastrophic -• -- .- Injuries to high-school female athletes between the 1982-1983 and 2010-2011 school years were received while cheerleading, according to the center's research. Among college female athletes, cheerleading accounted for 71%of 51 direct catastrophic injuries, according to the center. The pediatrics academy report cites statistics indicating a rise in the number of cheerleaders ages 6 and older, including traditional cheer squads on the sidelines at games and competitive squads that aren't affiliated with schools, from 3.0 million in 1990 to 3.6 million in 2003. Cheerleading injury rates have actually decreased over the past few years, after increased attention to safety,says Frederick Mueller, director of the UNC sport- injury research center,which collects injury reports. Cheering squads often maintain intense workout schedules throughout the school year, not just during a single season, he says. They would benefit from better facilities, qualified coaches, access to athletic trainers and limits on practice. HooplaHa.com Wake up everyday with a smile at HooplaHal hooplaha ccm The AAP says cheerleaders, like other student athletes, should have a pre- participation physical. Coaches should be specially trained in the types of gymnastic The End Of Obama? ThiS looming scandal Could ruin the 44th President and disrupl the stunts that cheering squads increasingly perform. StansberryResearch.ccm The most dangerous stunts and pyramids shouldn't be done on hard surfaces, the "Garcinia Cambogia"on oz Read This Before You say Garcinia.As Seen On TV.#1 Gardnia AAP says. Cheerleaders with signs of a head injury should leave the competition or Cambogia practice and shouldn't return until they have been cleared by a doctor or medical livehealthjournal cam professional. "Participation has increased, and the demands of the sport have increased,"says Cynthia La Bella, lead author of the report and an associate professor of pediatrics at Northwestern University's Feinberg School of Medicine, "The things that they're doing are more dangerous." The academy hopes coaches, administrators and state high-school athletic organizations will follow the guidelines, which aren't binding. Jim Lord, executive director of the American Association of Cheerleading Coaches &Administrators, says he agrees with most of the pediatricians'recommendations. Whether or not cheerleading is deemed a sport, participants should be treated as athletes,with access to the same level of facilities, medical personnel and qualified coaches,he says. imp Woi line.ursj.cony/articic/SB100014240-297020442590457fi07?6000fi0>i795F,htm1 7/12/201 Court Holds That High School Cheerleading Is a Contact Sport - Sports Litigation Alert Page I of 3 Subscriber Links Current SLAJssue SLA Archives Lx unt Manazement Subscriber Support Sports Litigation Alert Home I Subscribe Be a Contributing Writer I Expert Witness DireLtory Featured SpoEts Law Attorney I About us I Contact us I Subscriber sum Sample Issue ll Resources Court Holds That High School Cheerleading Is A Contact Sport — Providing Immunity For Teammate And School District By Carla Varriale, Esq. in a recent decision that underscored the considerable risks Sports Law Archive and safety concerns associated with cheerleading and is bound to have This is a sample article from the far-reaching implications, the Sports Litigation Alert archive Wisconsin Supreme Court has held " of more than 700 sports law that high-school cheerleading is a articles and case summaries. contact sport. The Court ruled that Subscribers have full access to cheerleader/athletes who this keyword-searchable negligently injure other sports law resource that dates in jure participants are immune from back to 2004. liability. Likewise, the Court determined that the school district was immune from liability for the alleged negligent acts of a cheerleading coach. to Noffke v. Bakke, 3o8 Wis. 2d 410, 748 N.W.2d 195 (:aoo8), the plaintiff, Brittany L. Noffke sustained injuries while practicing a "post -to-hands"cheerleading stunt. She fell backwards off of the stunt formation and struck her head on a tile floor. A teammate (and a defendant), was to have moved into position during the stunt and caught Noffke after she fell back. He moved into the wrong position, however, and failed to catch her. Mats or other safety equipment were httn://m-u,u,.srnortsiitigationalert.com/archiir:-cheerlcading-is-contact-sport.p,hp 7/30/201 t,ourt rtoias i nat rtign �icnooi i,:neeneaoing is a Lontact aport - sports Litigation Yklert rage L of 3 not provided. At the time of the accident, Noffke's coach (a teacher from the school district), was supervising another team nearby. Noffke commenced a negligence action against her teammate, the school district and the school district's insurer. Initially, the Court was charged with determining whether Noffke's teammate was immune from liability under a Wisconsin statute which provides immunity from negligence actions for participants in a recreational activity which involves physical contact between persons in a sport involving amateur teams. The Court concluded that, pursuant to Wis. Stat. §895.525(4m)(a) (2005-o6), Noffke's teammate was immune from liability because he was participating in a recreational activity involving physical contact between persons in a sport involving amateur teams. After analyzing the language of§895.525(4m)(a) and consulting a dictionary in order to parse the terms "contact" and "contact sports," the Court determined that cheerleading is a sport which involves a consi erable amoun o p ystca contact an some mes orce tTi interaction") among a pa ictpants and, as such, falls within the scope of the s a e Co—OF—contrasted "recreational activities" that do not enjoy immunity, such as bowling, horseback riding and skiing and reasoned that cheerleading is a contact sport because it involves "phystca exe ton anIMT is—governed a set ot rules or cus oms, End a teams ort because "a group is organized to work ogfi ge er" to ea an arttcipation. a ou a so consulted the spirit rules o t e National Fe era ion o State Rig Schoo Associations and iHetermineclthat c eer ea to is a con ac sport a set invo ves p ystca contact between c eerit-laurl b. Moreover, the Court expressly encouraged the Wisconsin Legislature to "review this important statute and consider our interpretation", particularly with regard to how it may apply to such school team sports such as golf, swimming or tennis. The Court then considered whether the lower court erred when it concluded as a matter of law that Noffke's teammate was not reckless, since recklessness eliminated his immunity from liability under §895.525(4m)(a). Noting that the record lacked any evidence that Noffke's teammate "consciously disregarded the risk of serious bodily harm" to Noffke, the Court held he was not reckless as a matter of law. Rather, his conduct was merely inadvertent or unskillful. Lastly, the Court considered whether Wis. Stat. §893.80(4) afforded the school district with immunit},for the alleged negligent acts of the cheerleading coach. §893.80(4) conveys broad immunity for liability for the legislative, quasi-legislative,judicial and quasi-judicial acts of a municipality, its officers or employees. The Court concluded that the school district was immune under the circumstances, noting that there was no known and compelling danger giving rise to a ministerial http://wvvw.sportslitigational ert.com/archive-cheerleading-is-contact-sport.i)hp 7/30/2013 Court Holds That High School Cheerleading Is a Contact Sport - Sports Litigation Alert Page 3 of 3 duty (and that, in any event, no such duty was violated by the cheerleading coach). Noffke argued that the coach (as an employee of the school district) violated a ministerial duty by not providing a second spotter and mats as required by the spirit rules, and that the coach should have known there was a compelling danger as appropriate safety precautions were not taken for the cheerleaders performing this stunt for the first time. The Court found, however, that the school district was not bound by the spirit rules because it had not adopted them. The spirit rules, moreover, did not require additional spotters or mats, but rather merely"suggested" these safety precautions. Consequently, the coach had the option of providing a second spotter and mats and chose not to do so. The Naf ke decision, which the first of its kind, is a potential bellwether for other jurisdictions, The Court's analysis led to an unusual request that the Wisconsin legislature"...once again review this important statute" and consider "how the statute may apply to additional school team sports," Whether the Wisconsin legislature will heed this invitation, and what impact it will have.on other school sports in Wisconsin and nationwide, remain to be seen. The Naffke decision, which has attracted national attention, also underscored the inherent risks associated with cheerleading. The Court's scrutiny of the applicable standards and safety equipment (or lack thereof) was notable. Naffke-maylead to enhanced awareness of the importance of ensuring that cheerleader/athletes have sufficient protection and supervision. And that is something to cheer about. Carla Varriale, Esq. is a partner in Havkins, Rosenfeld. Ritzert&Varriale. I LP in New York. Her legal practice focuses on legal issues of interest to sports, entertainment and recreational teams and venues.She also teaches "Sports Law and Ethics"at Columbia University's School of Continuing Education.She can be reached at 646-747-5115 and carla.varriale(@hrrylaw.coin. linp://,A,wm,.sportslititxationa{ert.cot-n/archive-chwc;i cad inp- contaci-snort.phn 7/30/201 3 Evan Bard 1 fWV A Period 3 S SrS f English 12 'YJ� Q f _Vjkd� "�l �} S C�OIj� • - �( S i. o P � � A Sport on the Rise What makes a sport a sport? By definition, a sport is an organized, competitive, and skillful physical activity requiring commitment and fair play. A sport has a set of custom rules and regulations. There are key factors in a sport. They consist of the physical abilities of the different player(s) or teams when trying to win or lose. In sports there is always an outcome, whether it may be good or bad, someone has to win. Even though numerous activities have opponents and there is a deciding factor of who wins and who loses, these activities are not considered sports. Football, basketball and baseball are extremely popular but that doesn't mean they can be the only true sports in this world. Facing an opponent and declaring a winner defines a sport, however cheerleading is not considered a sport. Millions of young women and even men now participate in cheerleading. Who gets to decide that it is not a sport? Cheerleading is extremely dangerous, very competitive and it should be considered a sport nationwide. When you turn on the television, what is featured on all the sports' channels - mostly men's sports like football, golf, and baseball? In college, athletes can be given thousands of dollars in scholarships to go play for that school to create an amazing team. Pro athletes are paid millions of dollars to be on television, make appearances and be a professional. Cheerleading also does all of these things. UCA and NCA Nationals are televised from Florida and other states all the time. They are all day events consisting of high schools and colleges across the United States. Scouts come to this competition to pick the best cheerleaders to come and attend their college. It is possible to even receive a full ride to a top choice school if you are extremely good. A sport or not, scouts still beg and bribe to get the top cheerleaders to be on their team. You can tell you are on a team by one thing, a uniform. Uniforms bring different people together to be in unison. All- teams have them including cheerleading. The uniforms for cheerleaders have strategic reasons why they are made somewhat short and tight. Shorter skirts allow for more movement throughout a'routine or cheer event. Cheerleaders need to tumble, flip, run and jump. A long skirt would constrict-moving your legs into different types of positions. Cheerleading is usually thought of as a girls' sport, however you would be surprised to know that it was started by young men in the 1880s at Princeton University. Women did not begin to appear as cheerleaders at football games until the late 1920s. Compared to today's time, cheerleading is much more competitive and injury prone. Cheerleading is now considered the most dangerous women's activity. "Cheerleading caused more serious and deadly injuries by far than other female sports" (Live Science Staff). Based on numerous studies cheerleading is the most dangerous, almost deadly "sport" for girls today. "Over the thirteen years studied, hospitals saw more than 200,000 injuries tied to cheerleading, with almost 40 percent of those Occurring to the legs, ankles or feet" (Ninemire, Valerie). In sports you need to be well rounded in all aspects of that sport to be considered great or to be the "top dog". Cheerleaders have to be proficient in numerous components to just be able to join the team. Being a cheerleader requires flexibility, having muscular and cardio endurance, advanced gymnastic skills, dancing ability, loud voices, tight precise motions, the ability to entertain a crowd as well as always keeping a smile on your face. When meeting pro athletes, you usually get the same attitudes from them all. Some appear to have super egos and extremely bad attitudes. Generally, cheerleaders are not like that. Men and women participate in cheerleading for the love of the "activity" while athletes are in it mostly for the money. Cheerleaders do not get paid. Pro cheerleaders like the Patriot's cheerleaders get paid under $100 a home game. The only advantage is they get to make appearances and get their photos taken all the time. One draw back is that they have to sign a contract when joining the team that they can not have any contact with the professional players. Cheerleaders are passionate about what they are doing and try to do it as long as possible. You can not make a living off of it but doing it makes you feel amazing'. "College cheer is all about athletics," says Maryland cheer coach Tina Simijoski, who directs the NFL's Baltimore Ravens cheerleaders. "The pros are more about glamour. They're two different things" (Brady, Erik). In every sport there comes a time when you retire. Your body has slowed down and the older athletes can not keep up with the fresh legs right from college. Usually you do not participate in a sport once you are forty or fifty years old. The same goes for cheerleading. Once a cheerleader has hit a certain age his/her body can not bend and shape into what it could when they were teenagers. Their bodies and joints ache and most are not as strong as they were in their youth. Cheerleaders usually retire in their late twenties. The pro cheerleading teams have a Iimit of how many years you may be on the team - no more than three years so that new, young faces are always associated with the football team's name. In every high school and college nationwide, cheerleaders have to abide by certain rules to remain on the team. These rules are followed strictly by every sports team enforced by the Athletic Director. Cheerleaders must maintain good grades, above a C- average and participate in all practices and events. If cheerleading is not a sport and merely an after school activity, then why do the sport requirements appl.y to these young men and women? What most people do not know about cheerleading is the large amount of time each teammate puts into the season. Cheerleading is not one simple season and then it is time to call it quits. Oh no, this sport goes pretty much all year round. High school cheerleading starts up in August and ends in either March or April depending on how well the teams place at competitions. College cheerleading practices start up in June. The season usually ends in April at the National Cheerleading Competition in Florida. Nobody knows the long and dreadful hours that are considered normal practices to a cheerleading team all the while maintaining your hectic academic schedule. Cheerleading is an extremely active "sport" and practices can go all day. Athletic tearns have set rules that regulate the number of hours per day and week that they can practice. The cheerleaders can practice for hours a day. Agawam High School cheerleaders had a six hour Saturday practice in the fall of 2009. The reason why there are so many injuries is because these young men and women get so tired and over worked that they are not using proper safety techniques. No football team could go outside in their big pads and helmets and tackle each other for six hours straight. The cheerleader's favorite quote would have to be"if cheerleading was easy, they'd call it football." Not only are the requirements of a sport met for cheerleading but it goes above and beyond that. Cheerleaders put their heart and soul into this every single clay that they participate. Nobody can give up, the only way they can succeed in competition is by becoming one. Failure is not an option in the mind of the true athlete; the cheerleader. Cheerleading is becoming more and more popular with each coming year with millions of girls and boys participating. Cheerleading is considered a sport in fifteen different states in the United States. It is one the rise and one day it is going to take over the sports world. Who would ever think that cheer isn't a sport? We practice, we perform, we compete, we win. Do you have what it takes? Yelling so loud the next day you can't be heard. Memorizing a million tiny moves to show off in front of a team that never wins, throwing that girl in the air with her life in your hands, your-muscles screaming in protest but you catch her anyway. Sacrificing yourself for 20 girls on one mat with one chance to stick it." By Erin D., Maple Valley Citgtions Brady, Erik. "Cheerleading in the USA: A sport and an industry". USA Today April 26, 2002: 1-3 Fish, Kaye. "Why cheerleading is a sport". The News Herald September 15, 2008 Live Science Staff. "Girls' Most Dangerous Sport: Cheerleading". Live Science. April 28, 2010 <http:l/www.Iivescience.com/health/080811-cheerleading-injuries.html>. Ninemire, Valerie. "Has Cheerleading Become Too Dangerous?" Cheerleading Guide. R., Renee. "Cheerleading is a Sport". Teen Ink. April 30, 2010 <http://teenink.com/nonfiction/sports/article/I 5172/Cheerleading-is-a-SporU>. TR-2013-38 A RESOLUTION SUPPORTING HOUSE BILL 445 ENTITLED "AN ACT RELATIVE TO RECOGNIZING CHEERLEADING AS A SPORT" (Sponsored by Agawam City Council) WHEREAS, there is a bill currently pending before the Commonwealth of Massachusetts House of Representatives known as House Bill 445 entitled "An Act relative to recognizing cheerleading as a sport"; and WHEREAS, House Bill '445 declares it to be the policy of the Commonwealth of Massachusetts to encourage school committees to recognize cheerleading as an interscholastic sport; and WHEREAS, House Bill 445 is currently before the Joint Committee on Education; and WHEREAS, the Joint Committee ,on Education conducted a public hearing on June 20, 2013 at the State House regarding House Bill 445; and WHEREAS, it is in the best interests of the Town of Agawam to recognize cheerleading as an interscholastic sport; and NOW, THEREFORE, the Agawam City Council hereby resolves to support the passage of House Bill 445 entitled "An Act relative to recognizing cheerleading as a-sport" and to notify the Governor, our State Senator and our State Representative of its support for the pending legislation. Dated this day of ) 2013. .PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Johnson, City Council President APPROVED TO FORM AND LEGALITY c . Vincent rGioscia, City Solicitor { TR-2013-38 A RESOLUTION SUPPORTING HOUSE BILL 445 ENTITLED "AN ACT RELATIVE TO RECOGNIZING CHEERLEADING AS A SPORT" (Sponsored by Agawam City Council) WHEREAS, there is a bill currently pending before the Commonwealth of Massachusetts House of Representatives known as House Bill 445 entitled "An Act relative to recognizing cheerleading as a sport"; and WHEREAS, House Bill 445 declares it to be the policy of the Commonwealth of Massachusetts to encourage school committees to recognize cheerleading as an interscholastic sport; and WHEREAS, House Bill 445 is currently before the Joint Committee on Education; and WHEREAS, the Joint Committee on Education conducted a public hearing on June 20, 2013 at the State House regarding House Bill 445; and WHEREAS, it is in the best interests of the Town of Agawam to recognize cheerleading as an interscholastic sport; and NOW, THEREFORE, the Agawam City Council hereby resolves to support the passage of House Bill 445 entitled "An Act relative to recognizing cheerleading as a sport" and to notify the Governor, our State Senator and our State Representative of its support for the pending legislation. Dated this day of _ , 2013. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Johnson, City Council President APPROVED AS TO FORM AND LEGALITY Vincent F. Gioscia, City Solicitor TR-2013-38 A RESOLUTION SUPPORTING HOUSE BILL 445 ENTITLED "AN ACT RELATIVE TO RECOGNIZING CHEERLEADING AS A SPORT" (Sponsored by Agawam City Council) WHEREAS, there is a bill currently pending before the Commonwealth of Massachusetts House of Representatives known as House Bill 445 entitled "An Act relative to recognizing cheerleading as a sport"; and WHEREAS, House Bill 445 declares it to be the policy of the Commonwealth of Massachusetts to encourage school committees to recognize cheerleading as an interscholastic sport; and WHEREAS, House Bill 445 is currently before the Joint Committee on Education; and WHEREAS, the Joint Committee on Education conducted a public hearing on June 20, 2013 at the State House regarding House Bill 445; and WHEREAS, it is in the best interests of the Town of Agawam to recognize cheerleading as an interscholastic sport; and NOW, THEREFORE, the Agawam City Council hereby resolves to support the passage of House Bill 445 entitled "An Act relative to recognizing cheerleading as a sport" and to notify the Governor, our State Senator and our State Representative of its support for the pending legislation. Dated this day of , 2013. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Johnson, City Council President APPROVED AS TO FORM AND LEGALITY Vincent F. Gioscia, City Solicitor Hello Todd, Senator Knapik asked that I pass along some information regarding House Bill 445,An Act relative to recognizing cheerleading as a sport. As you may know, the bill is currently before the Joint Committee of Education. A public hearing was held on June 20`h at the State House. As of now, no further action has been taken by the committee. Below, please find the chair's contact information should you wish to.send a letter of support: Senator Sonia Chang-Diaz Representative Alice Hanlon Peisch State House, Room 312D State House, Room 473G Boston, MA 02133 Boston, MA 02133 Soiiia.Chaiig-Diaz@i-nasen-,ite.gov inasenate.gov A]ice.Pei sch(.a�.mahouse.gov You can access the bill by clicking here: H.445 The Joint Committee on Education information can be accessed by clicking here: JC on Edu Should you have any further questions about the bill or Legislative process, please feel free to contact me. Regards, Sean Sean Diamond Office of Senator Michael R. Knapik State House, Room 419 Boston, MA 02133 P: (617) 722-1415 F: (617) 722-1506 Bill Text - H445 Page 2 of 3 HOUSE DOCKET,NO.2095 FILED ON:111712013 HOUSE . . . . . . . . . . . . . No. 445 Zhe Comtnontue+Zlth of ft1a55ac)u5ett5 PRESIEIv 1'LD BY: Brian R.,llannal To the Honorable Senate and Muse of Representatives oflhe Commo wLythh of Afas.sachusetrs in Genera! Court assembled: The undersigned Iccislatars andior citizens respectfully petition ror the passage of the accompanying: An Act relative to recognizing clicerleading as a spoil, PLTITION OF: NAME: I DISTRICTIADDRESS: _Brian R. Alannal_ ?nd Burrrstable lush S._Cutler � - � � 6rh Plymouth Cleon II. Turner _ I Isl Bul71stable :larva !eget � �_ 51h llamptletr _ Tom Strnniramly-o 71h Middlesex 7imorhv R. Adtrdderr Barnstable, Dukes erml A'untucher Gen Dield 7rh Plvmouth Danielle 14. Gregoire th Widdlesex Diana Di%nvtio 14ih hs.se v rtlarjor•ie C. Decker 2iih,Vidf11v,vev HOUSE DOCKET.NO.2095 FILED ON: 1/17/2013 HOUSE . . . . . . . . . . . 0 . . No. 445 By Mr. Mannal of Barnstable,a petition(accompanied by bill. House.No.445)of Brim R. Manna]and others For legislation to recognize chcerleadine as a snort, Education. ZIye Colnino111ueilItlj of fRi155i1clju5ett5 In the fear TN o 7'h0usxnd Thirteen An Act relative to recognizing cheerleading as a sport. Be,it euacled by the Senate trod House of Representatives hr General Court assembled,and by the uuthorily 1 f the sume, as follows: tiECTION 1. Chapter 71 of the Gcnural Laos.as appearing in the 2010 Official Edition, is hereby amended by adding the following secticm:- https:Hmategislature.gov/BillsBillHtml/126433?generalCourtld=l 1 7/12/2013 Bill Text - H445 Page 3 of 3 • Scction 3711. it is hereh,declared to be the polio'ol'the conlrnonwealth to encourage all school committees to recognize cheerlcading as an interscholastic sport and to adopt policies that promote equal opportunities and Funding For said sport. The information contained in this website is for general information purposes only.Tt,e General Court provides this information as a public service and while we endeavor to keep the data accurate and current to the best of our ability,we make no representations or warranties of any kind,express or implied, about the completeness,accuracy,reliability,suitability or availability with respect to the website or the information contained on the website for any purpose.Any reliance you place on such information is therefore strictly at your own risk. Show f Hide S-te Map 3ss.goy I Site Mao 15ile Policv I Contact Us Copyright 0 2013 The General Court,All Rights Reserved https:Hmalegislature.gov/BillsMillHtmi/126433?generalCourtld=l 1 7/12/2013 [ n. -,, gee r L } ' yer. s &+ to .By''COL1N Q61NNrvir `and.safer equipment.Without x Statehouse News Sece the recognition, cheer squads `1 ill continue-to:play;second- ' BOST:ON:-Over the years,' string,.to•,other;:schoal sports', cheer1ea ding.r;has .morphed ,teams where they are forced to from;dancers;-,waving ;poi- prictice;iit odd,hours after oth- ': y poms�`and xvxelding� 'mega- er teams are finished using.fa- st , phones 4 student-athlete's cilities. - performing.gymnastics; .high If the bill 'were to become �; � L 'lifts;-and;;.CreatSVe'dance ir0u= , "fir "0 r `'' 7` _ law,'state policy,would loffi W P. g cially encourage all local Assac9oted?ress :tines at s ortin events.across -. .. - � •' .: .. . . � .. Massachusetts :- :• school committees to .reco M!ssiss�ppi cF�e rlead'ers perform during a men's .Cheerleaders say.it is time size cheerleading as.an inter- 'baslcefiiatl gaime ►1tli Arkansas Jan. 19 in Oxford, for sc ibols and;athletic organ- scholastic sport:and+fo adopt Miss ; azations.;to.=take their athletic -policies .that. ,promote equal abilityinore:seriously,and:are opportunities and'funding for work just as hard.as:other ath- .athletes,don't have.to do..We :pushing'lawmak�rs to,pass•a cheerleading: letes,we may even•worklhard- have to defend our, sport," .bill.''„officially :recognizing Emma'Mannal, :12,-a sixth- er,'" Mannal =told lawmakers Mannal said.,• cheerleading as.a'sport..;.. ' :.;; _grade cheerleader from'Barn- .onthe EdbcationCommittee. Mannal .is the.daughter'of Former and-:current`,cheei- stable,-said she spends hours A;r Law' ' reco.gniz'ing Rep. Brian Mannal, .a Demo- leaders told Joint'Education' :practicing.:in .a "hot, sweaty" cheerleading.as a sport.would crat,, .from Barnstable, ,who Committee :members-'Thurs- .gym four-or-five days a week.. go;along'way'.toward chang- said he,filed.the legislationbe-. day?that if:cheering is recog "We spend hours each day, dng-.,:peiceptions about :the cause, he has watched,his' sized .as a sport they-would weeks, and even-months try-' girls; -athletic,abilities; advo daughter and her'team strug- have:better.'access to training ingtoiperfect!harder'and more •sates said. - facilities,well-trained coaches complex.tumbling skills. We 'Ve do something other Please see Cheer,Page S6 The Republican,Friday,June 2i, 2013 Cheer �•e�at�e �ont�ue� • Continued.from:Page.21 cheerleading is "fierce," re- quiring strength;' ereathify gle .for recognition and prat- and superb gymnastic skills. tice space. Mannal, a Cheerleaders are not the freshman representative, said only ones calling on lawmak- some people might think the ers to deem cheerleading a legislation is"silly"or not seri- sport. ous. The American Academy of "There are literally thou- Pediatrics recently issued Is re- sands of young women - be- port calling on all state legisla- cause, Ie.t's face it tures to e'n'act laws cheerleading is predominately recognizing cheerleading as a a female sport-that don't be- sport. The medical organiza- lieve having,an equal opportu- tion pointed out injuries relat- nity to participate in the sport ed to cheering as a reason to of their choice is a silly issue," declare it a sport, according to Rep.Mannal said. Rep.Mannal. Autumn Campinha said she Rep. Alice Peisch, D- has had bruised ankles, and Wellesley,co-chair of the Edu- sprained knees and wrists cation Committee,asked what from the throwing, flipping was preventing cheerleading and swings the Barnstable Sil- from being recognized as a ver Bullets perform."We prat- sport without a law. Rep. Jef- tice nonstop to get ready for frey Roy, D-Franklin, asked if games and competitions. It anyone-was working with the hurts to hear cheerleading is Massachusetts Interscholastic not classified as a sport." Athletic Association to'push Cheryl Duddy Schoenfeld,a forrecognition. former New England Patriots "As far as I know anytime it cheerleader and high school has been brought up it has coach from Dedham, said been rebuffed by Yr c+1,- v e_i`. Sch,c enfeI6 said. - Cheerleaders Should Be Treated Like Athletes, Says American Academy of Pediatrics - WS1.com Page 1 of 4 News,Quotes;Companies,Videos sEARGH U.S.EDITION 1r,mnny,QC1L3iC,;2 201 A., 1 h`rt t"0 LoI 1 SubFcnbe lo;i In Horne World u.5. NPw York Riision%f. Tech Marke35 Markel Oa4s Cuiniun 1-111:g Culture Real Estate Marlagelnent c•suite s Ans&Entertainment Cars Books&Ideas Fashion Food&Drink Sports Travel KLallll Retirement Planning WSJ,Magazine, oil Duty Tho A•Hed hHKALIHRt'.1:33N1i5$ k Hospitals Defanged Hi\1 Shows 'k k Americans Living Ceigene Blood-Caneur Drug' 1 ;• Prescribe Big Data Prclmisc m Gene herall� L.nngt:r, ]Sul dot Snows Positive Results to Track Doctors at i Always Healthier Work CIcwber 2'1,;'01::,G,51 p.m F:; Treat Cheerleaders as Athletes, Pediatrics Academy Advises Article Comments(8)� MORE IN HEALTH d WELLr4ESS. Emaii Print By KAIHERINE HOBSON ,ry THE NEW i •r - r • TOOL ON • r M AILABLE EXCLUSIVELY FOR MORE 1 More in Health &Wellness University of Kentucky Cheerleaders Curing the 2012 NCAA Southeastern Conference college basketball Is Bedtime.nacking Bad? foumamenl In New Orleans in March Kest tY,rr.in South,!a E'aiufol Sunburn (iu'la:Ict'Elrtx•,�;�iun Kialt•t She nation's pediatricians say cheerleaders should be treated more like athletes to \iniirtt; help prevent serious injuries from stunts and pyramids. 6,ntmg ti,uts:a Nv%,'Sl,:cp Dnig fl,:pntiiis C're+lirtg Urged 1).%-Task Force In a report published online Monday, the American Academy of Pediatrics recommends that cheerteading should be designated a sport at the high school and Popular Now whArf Thnl collegiate levels"so that it is subject to rules and regulations set forth by sports governing bodies,"such as the NCAA. Opinion: 5trassel: Another ILLS There are an estimated 400,000 participants in high school cheerleading, almost all Happen al Waiting;to h! pp women, and 29 states recognize high school cheering as a sport. The National Collegiate Athletic Association doesn't track the number of college Opinion: 1400nan: I low to Find cheerleaders because it isn't considered a sport. Grace After Disgrace httn://online.wsi.com/article/SB10001424052970204 2 9O457807260008Oi57958,litniI 7/1 2120 1 3 p,iletes, Says American Academy of Yecliatrics - W,3J.com rage L 0: , S'09't must petition to be recognized b`,the NCAA, and the criteria for iinclusion, among other things,state that y " there must be an element of i' ' competition.Two groups emphasizing Doctors tumbling and stunts have asked for cheerleading recognized as an emerging sport. An NCAA ( Bac..rr i�cbnrc i spokeswoman says the petitions will be Siccles in San Fruncisrxo reviewed for three years. Sideline cheerleaders wouldn't be included. ��• .rrlw Cheerleading has a lower overall injury rate than women's sports like gymnastics, Opinion.-George s ' soccer and basketball. But the rate of catastrophic injury, causing death or 11.Shultz:1 he ' permanent disability, comparatively g g previously p Gaeta American ' p y,is corn arativel high. according to reviousl published data Global... cited in the pediatrics academy report. According to researchers at the University of North Carolina's National Center for Show 5 More Y Catastrophic Sport Injury Research, about 65%of the 128 direct catastrophic - - -— injuries to high-school female athletes between the 1982-1983 and 2010-201 1 school years were received while cheerleading, according to the center's research. Among college female athletes,cheerleading accounted for 7 1%of 51 direct catastrophic injuries,according to the center. The pediatrics academy report cites statistics indicating a rise in the number of cheerleaders ages 6 and older, including traditional cheer squads on the sidelines at games and competitive squads that aren't affiliated with schools, from 3.0 million in 1990 to 3.6 million in 2003. Cheerleading injury rates have actually decreased over the past few years,after increased attention to safety,says Frederick Mueller, director of the UNC sport- injury research center,which collects injury reports. Cheering squads often maintain intense workout schedules throughout the school year, not just during a single season,he says.They would benefit from better facilities, qualified coaches, access to athletic trainers and limits on practice. HoopiaHa.com Wake up everyday with a smile at HooplaHal hooplaha corn The AAP says cheerleaders, like other student athletes, should have a pre- participation physical. Coaches should be specially trained in the types of gymnastic The End Of Obama? This looming scandal Could ruin the 44th President and disrupt the stunts that cheering squads increasingly perform. stansnerryResearch.com The most dangerous stunts and pyramids shouldn't be done on hard surfaces, the "Gartinia Cambogia"on oz Read This Before You Buy Gartinia.As Seen On TV.#I Gartinia AAP says. Cheerleaders with signs of a head injury should leave the competition or Cambogia practice and shouldn't return until they have been cleared by a doctor or medical liveheatthjournal Qom professional. "Participation has increased, and the demands of the sport have increased,"says Cynthia LaBeila,lead author of the report and an associate professor of pediatrics at Northwestern University's Feinberg School of Medicine. "The things that they're doing are more dangerous." The academy hopes coaches, administrators and state high-school athletic organizations will follow the guidelines,which aren't binding. Jim Lord, executive director of the American Association of Cheerleading Coaches 8 Administrators, says he agrees with most of the pediatricians'recommendations. Whether or not cheerleading is deemed a sport, participants should be treated as athletes,with access to the same level of facilities, medical personnel and qualified coaches, he says. llttp://011llne.wsj.com/article/SB 10001424052970204425904578072600080557958.1-itnll 7/12/2013 Bill Text - H445 rage L o. , HOUSE DOCKET,NO,2095 FILED ON:111 712 0 1 3 HOUSE . . . . . . . . . No. 445 Ttte Commonwealth of fi1a55ar)u5ett5 PRF.SfiWED BY: D Brian R. tblannal To dre flonorable Senare and Muse of Represenrarnves ojrhe C'onannnrreulth of Atassachuserrs in Gi Court assernhleck The undersigned legislam s andfor citizens respectfully petition rssr the passage of the accon An Act I•elative to recognizing chcerlcadirig as It sP011. PETITION OF: NAME: I [)]STRICT/ADDRESS: Brian P, Nfannal j ?nd Barnstable — JaSIr S. Ctfiler 6th Plymoulh Clean 11. Turner !s1 Barnstable _ l aron Vk tyu nth Ham idea Tom Sannicandro 7th Middlesex TTmoihv R. ,Madden Barnstable, Dukes and iYantuckei Geo1JDiehl 7th Ph:mouih Danielle W. Gre wire ! 411)Middlesex DlC111a DiZoslio 141h RsseX ,Warjoric C. Decker 2ith,1liddlew.r HOUSE DOCKET,NO,2095 FILED ON:1t17t2013 HOUSE . . . . . . . . . . . . . . . No. 445 By Mr. Munnal of Barnstable,a petition(accompanied by bill. house_No.445)of Brian R. Mannal and others firr legislation to recoenize clicerleadinL,as a sport. I.dtlCation. Fie CommoviWealtia of J+1a55at:Itu5ett5 In the i'car'['wn'1'huucartd'rhirtecn An Act rt^Istivc to recognizing cheerleading as a sport. Be u enacted hp the Senate and Housr of Representatives in General Court assembled,and br Nre urrrhorit.r jthe surne, ♦ as-.to/lou:r: t S1 C]'ION 1. Chapter 71 of the GcoemI Litk%'s.as❑ppt:arin0 in the?tll(1 Official Edition,is hereto amended hp addint,the fi)limvin,section:- r � • https://malegislature.gov/Bills/BillHtml/126433?generalCourtld=l 1 7/12/2013 Bill Text - H445 ?age 3 of a Section 371'. It is herby declared to bo the policy of the commonwealth to encourage all school committees to recognize chcerleading as an interscholastic sport and to adopt policies that pronlow equal opportunities and funding for said sport. The information contained in this website is for general information purposes only.The General Court provides this information as a public service and while we endeavor to keep the data accurate and current to the best of our ability,we make no representations or warranties of any kind,express or implied,about the completeness,accuracy,reliability,suitability or availability with respect to the website or the information contained on the website for any purpose.Any reliance you place on such information is therefore Strictly at your own risk. Stww f Mode Siva Map Mass.20V I Site Me 0 t 5ile Policy I Contact US Copyright®2013 The General Court,All Rights Reserved https:Umalegislature.gov/BillsBiI]Html/126433?generalCourtId=I1 =-- _ 7/12/201.3 1s cheerleading a sport? A Massachusetts bill may make it one - Lowell Sun Online Page 1 of 2 Is cheerleading a sport? A Massachusetts bill may make it one The Lowell Sun Lowell Sun Updated:' LowellSun.com By Colleen Quinn State House News Service Over the years, cheerleading has morphed from dancers waving pompoms and wielding megaphones to student athletes performing gymnastics, high lifts and creative dance routines at sporting events across Massachusetts. Cheerleaders say it is time for schools and athletic organizations to take their athletic ability more seriously, and are pushing lawmakers to pass a bill officially recognizing cheerleading as a sport (H 445). Former and current cheerleaders told Joint Education Committee members Thursday that if cheering is recognized as a sport they would have better access to training facilities, well- trained coaches, and safer equipment. Without the recognition, cheer squads will continue to play second string to other school sports teams where they are forced to practice at odd hours after other teams are finished using facilities. If the bill were to become law, state policy would officially encourage all local school committees to recognize cheerleading as an interscholastic sport and to adopt policies that promote equal opportunities and funding for cheerleading. Emma Mannal, 12, a sixth grade cheerleader from Barnstable, said she spends hours practicing in a "hot, sweaty" gym four or five days a week. "We spend hours each day, weeks, and even months trying to perfect harder and more complex tumbling skills. We work just as hard as other athletes, we may even work harder," Mannal told lawmakers on the Education Committee. A law recognizing cheerleading as a sport would go a long way to changing perceptions about the girls' athletic abilities, advocates said. "We do something other athletes don't have to do. We have to defend our sport," Mannal said. Mannal is the daughter of Rep. Brian Mannal, a Democrat from Barnstable, who said he filed the legislation because he has watched his daughter and her team struggle for recognition and practice space. Mannal, a freshman representative, said some people might think the legislation is "silly" or not serious. http:Hwww.lowe11sun.com/vervebreakingnewsfeed/ci_23503210/is-cheerleading-sport-ma... 7/30/2013 Is cheerleading a sport? A Massachusetts bill may make it one - Lowell Sun Online Page 2 of 2 "There are literally thousands of young women, cause let's face it cheerleading is predominately a female sport, that don't believe having an equal opportunity to participate in the sport of their choice is a silly issue," Rep. Mannal said. Autumn Campinha said she has had bruised ankles, and sprained knees and wrists from the throwing, flipping and swings the Barnstable Silverbullets perform. "We practice non-stop to get ready for games and competitions. It hurts to hear cheerleading is not classified as a sport," she said. Cheryl Duddy Schoenfeld, a former New England Patriots cheerleader and high school coach from Dedham, said modern competitive cheerleading is "fierce," requiring strength, creativity and superb gymnastic skills. If cheerleading was considered a sport student athletes would become eligible for awards and scholarships given to other athletes, Schoenfeld said. "They deserve to be recognized for their accomplishments," she said. Cheerleaders are not the only ones calling on lawmakers to deem cheerleading a sport. The American Academy of Pediatrics recently issued a report calling on all state legislatures to enact laws recognizing cheerleading as a sport. The medical organization pointed out injuries related to cheering as a reason to declare it a sport, according to Rep. Mannal. Rep. Alice Peisch (D-Wellesley), co-chair of the Education Committee, asked what was preventing cheerleading from being recognized as a sport without a law. Rep. Jeffrey Roy (D -Franklin) asked if anyone was working with Massachusetts Interscholastic Athletic Association to push for recognition. "As far as I know anytime it has been brought up it has been rebuffed by MIAA," Schoenfeld said. Representatives from MIAA, who were at the hearing to testify on another bill, had just left the room before the cheerleading bill came up. "MIAA is, in a sense, the only game in town. They have a lock on Massachusetts high school sports," Rep. Mannal said. "If they say it is not a sport, it is not a sport unless we (lawmakers) change it." A state law that recognizes it would encourage school committees to recognize it, and it will "aver time be something the MIAA must recognize," he said. http://www-Iowe]Isun.com/vervebreakingnewsfeed/ci-2350321 0/is-cheerleading-sport-ma... 7/3 0/2013 Che'e inY a 's' o e ;. L aws Hers debate ft COLIN,QUINN and safer equipment Without' Statehouse News Service .the recognition; cheer squads -will continue�to,play second- t BOSTON - O.ver-the,years,' 'string 46,,other..sehool sports .; _ "• � cheerleading•;'has_;nmrphed-;teams where they are forced to I frbm-,.dancers;,waving pom- practiceiat od6ho6rs after oth- ^� poms, and,,,.wieldingr mega- er teams are finished-usingafa ptlones� to ;student;athletes cilities perforimng gymnastics;:high ,U the bill wee to become lifts,.and;_=creative,dance rou- *state policy.would•offi- - .law .... Assoti6lnd'Preis fines atl" rung events,across cially encourage all local Massachusetts.. Mississippi cheerleaders,perform during a men's ' school committees to recog- Cheerleade'rs:say.it is time nize-cheerleading as ammi ter- 'basketball garrme.with Arkansas Jan. 19 in Oxford, ,for schools and;athletic organ- scholastic!sport:and,fo adopt izations ao.,take their athletic :policies that.;promote equal ability:nio e,seriously.,and:are opportunities and funding for work just as hard as other ath- athletes,don't have.to do.,We. .pushing`lawmakers,to:.pass.a, ;cheerleading.: letes,We may even,work�hard- ha�re to defend our, sport," 'bill; ;Officially .:recognizing ,-..Emma Mannal;42,-a sixth- er," Mannal. told lawmakers Mannal said. cheerleading as a,sport.'., grade cheerleader from Barn- on the EiiucatiomCommittee. Mannar as the daughter of Former:and�current-cheer- stable, said she spends hours A-: 'law recognizing 'Rep. Brian Mannal, a Demo- leaders-told Joint"Education',practicing.in .a "hot', sweaty". cheerleading:as.a;sport.would crat. from' Barnstable, ,who Committee ;members-'Thurs- .gym four or five days a week. go-,a 1ong.,way 1toward chang- said he filed the legislation be-. day;that if cheering,is recog- . "We spend hours each day, ing-..7peReptions about the cause, he .has watched. his, nized as a sport they would weeks, and even-months try-' girls' -athletic ,abilities, advo- daughter and her team strug- have:better,access to training•ing to perfect;harder and.more gates said. facilities,wel-trained coaches complex tumbling skills. We "We do something other Please see Cheer,Page B6 Th'e Republican,-Friday,June 21,2013 C h eer: Debate:cor tmues Continued:from.Page 01. cheerleading is "fierce," re- quiring -strength,' creativity gle .for.recognition and prac- and superb gymnastic skills. tice space. Mannal, a Cheerleaders are not the freshman representative, said only ones calling on lawmak- some people might think the ers to deem cheerleading a legislation•is"silly"or not seri- sport. ous. I The American Academy of "There are literally thou- Pediatrics recently issued.a re- sands of young women - be- port calling on all state legisla- cause,' le.t's face it tures to e'n•act laws cheerleading is predominately recognizing cheerleading as a a female sport-that don't be- sport. The medical orgamza- lieve having.an equal opportu- tion pointed out injuries relat- nity to participate in the sport ed to cheering as a reason to of their choice is a silly issue," declare it a sport,according to- Rep.Mannal said. Rep.Mannal. Autumn Campinha said she Rep. Alice Peisch, D- has had bruised ankles, and Wellesley,co-chair of the Edu- sprained knees and wrists cation Committee,asked what from the throwing, flipping was preventing cheerleading and swings the Bamstable Sil- from being recognized as a ver Bullets perform."We prac- sport without a law. Rep. Jef- lice nonstop to get ready for frey Roy, D-Franklin, asked if games and competitions. It anyone'was working with the hurts to hear cheerleading is Massachusetts Interscholastic not classified as a sport." Athletic Association to push Cheryl Duddy Schoenfeld,a for recognition. former New England Patriots "As far as•I know anytime it cheerleader and high school has been brought up it has coach from Dedham, said been rebuffed by M1AA," m o 6 e r n c o m p e t i t i v e Schoenfeld said. Cheerleaders Should Be Treated Like Athletes, Says American Academy of Pediatrics - WS.i.com Page 1 of 4 News,Quotes,Companies,Videos SEARCH U.S.EDITION Meaiday Omuta,22 2012 As 41 C 51 Yht E01' Subscribe Loil In Horne World U.S. tdew York. Business Tech Markols Market data Chinion Ulo 11 Cullum, Real Estate Management C-Suite t Arts 8 Entertainment Gars Books&Ideas Fashion Food 8 Drink Sports Travel Henhn Retirement Planning WSJ.Magazine off Duty The A-Hed . _ NHEHLT11A:^JIrS. NESSI,!, 2at'1 anr.1 Hospitals Defanged HIV shows � •r Americans Living Celgene Blood-Cancer Drug Preset fail;Data Promim" ill Gent:'I'ht;rapi Lnn};r:r, But Not Shows Positive Results 71 to1'rack Doctors at t Ahva),s Healthit:r t Work I SEALrf1 8 V4£.LI MESS I C)= er 22.2012.6,51 p.ru ET Treat Cheerleaders as Athletes, Pediatrics Academy Advises A r0cle Comments(8) h50RE W HEALTH d VvELLNESS. E—d Print By KA I HERINE H013$QN C } 4 h !. l • z t i More in Health & Wellness %'i'I�nt+:NC;<;rala Hemnn University of Kentucky cheerleaders dunng the 2012 NCAA Southeastern Conference college basketball 1s Bedtime Snacking Bad'? tournament in New Orleans in March Best Wass to Srrulhe a Painful Sun[)ur'tt The nation's pediatricians say cheerleaders should be treated more like athletes to """'s°"' I'`�t`` Ilel"ets_ina Relic•i help prevent serious injuries from stunts and pyramids. Coining Suow A Nc w Slt'ap Dnig Ile pntitis C'f csting Urged[)%-Task irorce In a report published online Monday, the American Academy of Pediatrics recommends that cheedeading should be designated a sport at the high school and Popular Now What's This? collegiate levels"so that it is subject to rules and regulations set forth by sports governing bodies,"such as the NCAA. 1 Opinion:Strac:scf: Another IRS There are an estimated 400,000 participants in high school cheerleading,almost all Scandal Waiting to 4 IIaI>'pen ✓ •'EI women,and 29 states recognize high school cheering as a sport. 1 The National Collegiate Athletic Association doesn't track the number of college "� Opinion:Noonan: I low to Find cheerleaders because it isn't considered a sport. L Grace After Disgrace hitn://on]ine.wsi.coiii/article/SB 10001424052970204425904578072600080557958.htm1 7/12/2013 e Athletes, Says American Academy or YEdiatrics - ww.com rage Z Ul � 5p0rt's,must petition to be recognized 1 }} byiihe NCAA, and the criteria for R. trincfusion, among other things,state that there must be an element of competition.Two groups emphasizing Do tors tumbling and stunts have asked for cheerleading recognized as an ' emerging sport.An NCAA 4 Barr,rr Debate Sirzles in San spokeswoman says the petitions will be Francisco reviewed for three years. Sideline i,ii i tl cheerleaders wouldn't be included. 4� :;• r Cheerleading has a lower overall injury rate than women's sports like gymnastics, 5 Opinion:George soccer and basketball. But the rate of catastrophic injury, causing death or P.Shultz:The 1 permanent disability, is comparatively high, according to previously published data North American F , Global_ cited in the pediatrics academy report. According to researchers at the University of North Carolina's National Center for show s More Catastrophic Sport Injury Research, about 65%of the 128 direct catastrophic - -- --•-• ------- injuries to high-school female athletes between the 1982-1983 and 2010-2011 school years were received while cheerleading, according to the center's research. Among college female athletes, cheerleading accounted for 71%of 51 direct catastrophic injuries, according to the center. The pediatrics academy report cites statistics indicating a rise in the number of cheerleaders ages 6 and older, including traditional cheer squads on the sidelines at games and competitive squads that aren't affiliated with schools, from 3.0 million in 1990 to 3.6 million in 2003. Cheerleading injury rates have actually decreased over the past few years, after increased attention to safety, says Frederick Mueller, director of the UNC sport- injury research center,which collects injury reports. Cheering squads often maintain intense workout schedules throughout the school year, not just during a single season, he says. They would benefit from better facilities, qualified coaches, access to athletic trainers and limits on practice. HooplaHa.com Wake up everyday with a smile at HooplaHa! hooplaha.com The AAP says cheerleaders, like other student athletes, should have a pre- participation physical. Coaches should be specially trained in the types of gymnastic The End Of Obarna? This looming scandal could ruin the 44th President and disrupt the... stunts that cheering squads Increasingly perform. StansberryResearch.com The most dangerous stunts and pyramids shouldn't be done on hard surfaces,the "Garcinia Gambogia"on oZ Read This Before You Buy Garcinia.As Seen On TV.#1 Garcinia AAP says. Cheerleaders with signs of a head injury should leave the competition or Cambogia practice and shouldn't return until they have been cleared by a doctor or medical livehealthiournal.c:om professional. "Participation has increased, and the demands of the sport have increased,"says Cynthia LaBella,lead author of the report and an associate professor of pediatrics at Northwestern University's Feinberg School of Medicine. "The things that they're doing are more dangerous." The academy hopes coaches, administrators and state high-school athletic organizations will follow the guidelines, which aren't binding. Jim Lord,executive director of the American Association of Cheerleading Coaches &Administrators, says he agrees with most of the pediatricians'recommendations. Whether or not cheerleading is deemed a sport, participants should be treated as athletes, with access to the same level of facilities, medical personnel and qualified coaches, he says. http://online.wsj.com/article/SB 10001424052970204425904578072600080557958.html 7/12/2013 Court Holds That High School Cheerleading Is a Contact Sport - Sports Litigation Alert Page 1 of 3 o Subscriber Links Curren LA Issue It , SLA Archives Account Managem�;.n Subscriber Support Sports Litigation Alert Home I Subscribe I Be a CQntributing Writer I Expert Witness Directory Featured Sports Law Attorney I AbQlit us I Contact us I Subscriber support � Sample Issue I Resources Court Holds That High School Cheerleading Is A Contact Sport — Providing Immunity For Teammate And School District By Carla Varriale, Esq. In a recent decision that underscored the considerable risks Sports Law Archive and safety concerns associated with cheerleading and is bound to have This is a sample article from the far-reaching implications, the Sports Litigation Alert archive Wisconsin Supreme Court has held of more than boo sports law that high-school cheerleading is a articles and case summaries. contact sport. The Court ruled that Subscribers have full access to cheerleader/athletes who this keyword-searchable sports law resource that dates negligently injure other back to 2004. participants are immune from liability. Likewise, the Court determined that the school district was immune from liability for the alleged negligent acts of a cheerleading coach. In Noffke v. Bakke, 3o8 Wis. 2d 410, 748 N.W.2d 195 (20o8), the plaintiff, Brittany L. Noffke sustained injuries while practicing a "post -to-hands" cheerleading stunt. She fell backwards off of the stunt formation and struck her head on a tile floor. A teammate (and a defendant), was to have moved into position during the stunt and caught Noffke after she fell back. He moved into the wrong position, however, and failed to catch her. Mats or other safety equipment were http://www.sportsiitigationalert.com/archive-cheerleading-is-contact-sport.php 7/30/2013 Court Holds That High School Cheerleading Is a Contact Sport - Sports Litigation Alert Page 2 of 3 not provided. At the time of the accident, Noffke's coach (a teacher from the school district), was supervising another team nearby. Noffke commenced a negligence action against her teammate, the school district and the school district's insurer. Initially, the Court was charged with determining whether Noffke's teammate was immune from liability under a Wisconsin statute which provides immunity from negligence actions for participants in a recreational activity which involves physical contact between persons in a sport involving amateur teams. The Court concluded that, pursuant to Wis. Stat. §895.525(4m)(a) (2005-o6), Noffke's teammate was immune from liability because he was participating in a recreational activity involving physical contact between persons in a sport involving amateur teams. After analyzing the language of§895.525(4m)(a) and consulting a dictionary in order to parse the terms "contact" and "contact sports," the Court determined that cheerleading is a sport which involves a consi erable amoun o p ysica contact (and sometimes "forceful interaction") among trie pa icipan s and, as such, falls within the scope of the stature: a ou contrasted "recreational activities" that do not enjoy immunity, such as bowling, horseback riding and skiing and reasoned that cheerleading is a contact sport because it involves "physica exe ion an a is overne a ru es or customs," t) eaa� a team s ort because "a group is organized to work ag- to Tier" t articipation. a ou a so consulted the spirit ru es o t el Fe era inn o Sfate Frig Sc oo Associations and de-te—r—mined that cheerleadding is a contact sport e e 1�" invo ves p ysica contact between cheer ea e . Moreover, the Court expressly encouraged the Wisconsin Legislature to "review this important statute and consider our interpretation", particularly with regard to how it may apply to such school team sports such as golf, swimming or tennis. The Court then considered whether the lower court erred when it concluded as a matter of law that Noffke's teammate was not reckless, since recklessness eliminated his immunity from liability under §895.525(4m)(a). Noting that the record lacked any evidence that Noffke's teammate "consciously disregarded the risk of serious bodily harm"to Noffke, the Court held he was not reckless as a matter of law. Rather, his conduct was merely inadvertent or unskillful. Lastly, the Court considered whether Wis. Stat. §893.8o(4) afforded the school district with immunity for the alleged negligent acts of the cheerleading coach. §893.8o(4) conveys broad immunity for liability for the legislative, quasi-legislative,judicial and quasi-judicial acts of a municipality, its officers or employees. The Court concluded that the school district was immune under the circumstances, noting that there was no known and compelling danger giving rise to a ministerial http:l/www.sports]itigationalert,corn/archive-cheerleading-is-contact-sport.php 7/30/2013 Court Holds That High School Cheerleading Is a Contact Sport- Sports Litigation Alert Page 3 of 3 duty(and that, in any event, no such duty was violated by the cheerleading coach). Noffke argued that the coach (as an employee of the school district) violated a ministerial duty by not providing a second spotter and mats as required by the spirit rules, and that the coach should have known there was a compelling danger as appropriate safety precautions were not taken for the cheerleaders performing this stunt for the first time. The Court found, however, that the school district was not bound by the spirit rules because it had not adopted them. The spirit rules, moreover, did not require additional spotters or mats, but rather merely "suggested" these safety precautions. Consequently, the coach had the option of providing a second spotter and mats and chose not to do so. The Naffke decision, which the first of its kind, is a potential bellwether for other jurisdictions. The Court's analysis led to an unusual request that the Wisconsin legislature"...once again review this important statute" and consider "how the statute may apply to additional school team sports."Whether the Wisconsin legislature will heed this invitation, and what impact it will have on other school sports in Wisconsin and nationwide, remain to be seen. The Naffke decision, which has attracted national attention, also underscored the inherent risks associated with cheerleading. The Court's scrutiny of the applicable standards and safety equipment (or lack thereof) was notable. Naffke may lead to enhanced awareness of the importance of ensuring that cheerleader/athletes have sufficient protection and supervision. And that is something to cheer about. Carla Varriale, Esq. is a partner in Hankins RQsenfeld,Ritzert&Varriale LLP in New York.Her legal practice focuses on legal issues of interest to sports, entertainment and recreational teams and venues. She also teaches "Sports Law and Ethics"at Columbia University's School of Continuing Education. She can be reached at 646-747-5i15 and carla.varriale@hrrvlaw.com. http://www.sportslitigationalert.com/archive-cheerleading-is-contact-sport.php 7/30/2013 6vavl ew( Evan Bard !')VZ4 wta f Period 3 1 Ssz S a-K---Ht(S English 12 �� e t .V)III f � S CkoUl o C) A Sport on the Rise What makes a sport a sport? By definition, a sport is an organized, competitive, and skillful physical activity requiring commitment and fair play. A sport has a set of custom rules and regulations. There are key factors in a sport. They consist of the physical abilities of the different player(s) or teams when trying to win or lose. In sports there is always an outcome, whether it may be good or bad, someone has to win. Even though numerous activities have opponents and there is a deciding factor of who wins and who loses, these activities are not considered sports. Football, basketball and baseball are extremely popular but that doesn't mean they can be the only true sports in this world. Facing an opponent and declaring a winner defines a sport, however cheerleading is not considered a sport. Millions of young women and even men now participate in cheerleading. Who gets to decide that it is not a sport? Cheerleading is extremely dangerous, very competitive and it should be considered a sport nationwide. When you turn on the television, what is featured on all the sports' channels - mostly men's sports like football, golf, and baseball? In college, athletes can be given thousands of dollars in scholarships to go play for that school to create an amazing team. Pro athletes are paid millions of dollars to be on television, make appearances and be a professional. Cheerleading also does all of these things. UCA and NCA Nationals are televised from Florida and other states all the time. They are all day events consisting of high schools and colleges across the United States. Scouts come to this competition to pick the best cheerleaders to come and attend their college. It is possible to even receive a full ride to a top choice school if you are extremely good. A sport or not, scouts still beg and bribe to get the top cheerleaders to be on their team. You can tell you are on a team by one thing, a uniform. Uniforms bring different people together to be in unison. All teams have them including cheerleading. The uniforms for cheerleaders have strategic reasons why they are made somewhat short and tight. Shorter skirts allow for more movement throughout a'routine or cheer event. Cheerleaders need to tumble, flip, run and jump. A long skirt would constrict moving your legs into different types of positions. Cheerleading is usually thought of as a girls' sport, however you would be surprised to know that it was started by young men in the 1880s at Princeton University. Women did not begin to appear as cheerleaders at football games until the late 1920s. Compared to today's time, cheerleading is much more competitive and injury prone. Cheerleading is now considered the most dangerous women's activity. "Cheerleading caused more serious and deadly injuries by far than other female sports" (Live Science Staff). Based on numerous studies cheerleading is the most dangerous, almost deadly "sport" for girls today. "Over the thirteen years studied, hospitals saw more than 200,000 injuries tied to cheerleading., with almost 40 percent of those occurring to the legs, ankles or feet" (Ninemire, Valerie). In sports you need to be well rounded in all aspects of that sport to be considered great or to be the "top dog". Cheerleaders have to be proficient in numerous components to just be able to join the team. Being a cheerleader requires flexibility, having muscular and cardio endurance, advanced gymnastic skills, dancing ability, loud voices, tight precise motions, the ability to entertain a crowd as well as always keeping a smile on your face. When meeting pro athletes, you usually get the same attitudes from them all. Some appear to have super egos and extremely bad attitudes. Generally, cheerleaders are not like that. Men and women participate in cheerleading for the love of the "activity" while athletes are in it mostly for the money. Cheerleaders do not get paid. Pro cheerleaders like the Patriot's cheerleaders get paid under $100 a home game. The only advantage is they get to make appearances and get their photos taken all the time. One draw back is that they have to sign a contract when joining the team that they can not have any contact with the professional players. Cheerleaders are passionate about what they are doing and try to do it as long as possible. You can not make a living off of it but doing it makes you feel amazing. "College cheer is all about athletics," says Maryland cheer coach Tina Simijoski, who directs the NFL's Baltimore Ravens cheerleaders. "The pros are more about glamour. They're two different things" (Brady, Erik). In every sport there comes a time when you retire. Your body has slowed down and the older athletes can not keep up with the fresh legs right from college. Usually you do not participate in a sport once you are forty or fifty years old. The same goes for cheerleading. Once a cheerleader has hit a certain age his/her body can not bend and shape into what it could when they were teenagers. Their bodies and joints ache and most are not as strong as they were in their youth. Cheerleaders usually retire in their late twenties. The pro cheerleading teams have a limit of how many years you may be on the team - no more than three years so that new, young faces are always associated with the football team's name. In every high school and college nationwide, cheerleaders have to abide by certain rules to remain on the team. These rules are followed strictly by every sports team enforced by the Athletic Director. Cheerleaders must maintain good grades, above a C- average and participate in all practices and events. If cheerleading is not a sport and merely an after school activity, then why do the sport requirements apply to these young men and women? What most people do not know about cheerleading is the large amount of time each teammate puts into the season. Cheerleading is not one simple season and then it is time to call it quits. Oh no, this sport goes pretty much all year round. High school cheerleading starts up in August and ends in either March or April depending on how well the teams place at competitions. College cheerleading practices start up in June. The season usually ends in April at the National Cheerleading Competition in Florida. Nobody knows the long and dreadful hours that are considered normal practices to a cheerleading team all the while maintaining your hectic academic schedule. Cheerleading is an extremely active "sport" and practices can go all day. Athletic teams have set rules that regulate the number of hours per day and week that they can practice. The cheerleaders can practice for hours a day. Agawam High School cheerleaders had a six hour Saturday practice in the fall of 2009. The reason why there are so many injuries is because these young men and women get so tired and over worked that they are not using proper safety techniques. No football team could go outside in their big pads and helmets and tackle each other for six hours straight. The cheerleader's favorite quote would have to be "if cheerleading was easy, they'd call it football." Not only are the requirements of a sport met for cheerleading but it goes above and beyond that. Cheerleaders put their heart and soul into this every single day that they participate. Nobody can give up, the only way they can succeed in competition is by becoming one. Failure is not an option in the mind of the true athlete; the cheerleader. Cheerleading is becoming more and more popular with each coming year with millions of girls and boys participating. Cheerleading is considered a sport in fifteen different states in the United States. It is one the rise and one day it is going to take over the sports world. ,,Who would ever think that cheer isn't a sport? We practice, we perform, we compete, we win. Do you have what it takes? Yelling so loud the next day you can't be heard. Memorizing a million tiny moves to show off in front of a team that never wins, throwing that girl in the air with her life in your hands, your muscles screaming in protest but you catch her anyway. Sacrificing yourself for 20 girls on one mat with one chance to stick it." By Erin D., Maple Valley Citations Brady, Erik. "Cheerleading in the USA: A sport and an industry". USA Today April 26, 2002: 1-3 Fish, Kaye. "Why cheerleading is a sport". The News Herald September 15, 2008 Live Science Staff. "Girls' Most Dangerous Sport: Cheerleading". Live Science. April 28, 2010 <http://www.livescience.com/health/08081 1-cheerleading-injuries.html>. Ninemire, Valerie. "Has Cheerleading Become Too Dangerous?" Cheerleading Guide. R., Renee. "Cheerleading is a Sport". Teen Ink. April 30, 2010 <http://teenink.com/nonfiction/sports/article/I S 172/Cheerleading-is-a-Sportl>. Evan Bard Period 3 English 12 A Sport on the Rise What makes a sport a sport? By definition, a sport is an organized, competitive, and skillful physical activity requiring commitment and fair play. A sport has a set of custom rules and regulations. There are key factors in a sport. They consist of the physical abilities of the different player(s) or teams when trying to win or lose. In sports there is always an outcome, whether it may be good or bad, someone has to win. Even though numerous activities have opponents and there is a deciding factor of who wins and who loses, these activities are not considered sports. Football, basketball and baseball are extremely popular but that doesn't mean they can be the only true sports in this world. Facing an opponent and declaring a winner defines a sport, however cheerleading is not considered a sport. Millions of young women and even men now participate in cheerleading. Who gets to decide that it is not a sport? Cheerleading is extremely dangerous, very competitive and it should be considered a sport nationwide. When you turn on the television, what is featured on all the sports' channels - mostly men's sports like football, golf, and baseball? In college, athletes can be given thousands of dollars in scholarships to go play for that school to create an amazing team. Pro athletes are paid millions of dollars to be on television, make appearances and be a professional. Cheerleading also does all of these things. UCA and NCA Nationals are 1 televised from Florida and other states all the time. They are all day events consisting of high schools and colleges across the United States. Scouts come to this competition to pick the best cheerleaders to come and attend their college. It is possible to even receive a full ride to a top choice school if you are extremely good. A sport or not, scouts still beg and bribe to get the top cheerleaders to be on their team. You can tell you are on a team by one thing, a uniform. Uniforms bring different people together to be in unison. All teams have them including cheerleading. The uniforms for cheerleaders have strategic reasons why they are made somewhat short and tight. Shorter skirts allow for more movement throughout a'routine or cheer event. Cheerleaders need to tumble, flip, run and jump. A long skirt would constrict moving your legs into different types of positions. Cheerleading is usually thought of as a girls' sport, however you would be surprised to know that it was started by young men in the 1880s at Princeton University. Women did not begin to appear as cheerleaders at football games until the late 1920s. Compared to today's time, cheerleading is much more competitive and injury prone. Cheerleading is now considered the most dangerous women's activity. "cheerleading caused more serious and deadly injuries by far than other female sports" (Live Science Staff). Based on numerous studies cheerleading is the most dangerous, almost deadly "sport" for girls today. "Over the thirteen vears studied. hospitals saw more than 200,000 injuries tied to cheerleading, with almost 40 percent of those occurring to the legs, ankles or feet" (Ninemire, Valerie). f In sports you need to be well rounded in all aspects of that sport to be considered great or to be the "top dog". Cheerleaders have to be proficient in numerous components to just be able to join the team. Being a cheerleader requires flexibility, having muscular and cardio endurance, advanced gymnastic skills, dancing ability, loud voices, tight precise motions, the ability to entertain a crowd as well as always keeping a smile on your face. When meeting pro athletes, you usually get the same attitudes from them all. Some appear to have super egos and extremely bad attitudes. Generally, cheerleaders are not like that. Men and women participate in cheerleading for the love of the "activity" while athletes are in it mostly for the money. Cheerleaders do not get paid. Pro cheerleaders like the Patriot's cheerleaders get paid under $100 a home game. The only advantage is they get to make appearances and get their photos taken all the time. One draw back is that they have to sign a contract when joining the team that they can not have any contact with the professional players. Cheerleaders are passionate about what they are doing and try to do it as long as possible. You can not make a living off of it but doing it makes you feel amazing. "College cheer is all about athletics," says Maryland cheer coach Tina Simijoski, who directs the NFL's Baltimore Ravens cheerleaders. "The pros are more about glamour. They're two different things" (Brady, Erik). In every sport there comes a time when you retire. Your body has slowed down and the older athletes can not keep up with the fresh legs right from college. Usually you do not participate in a sport once you are forty or fifty years old. The same goes for cheerleading. Once a cheerleader has hit a certain age his/her body can not bend and shape into what it could when they were teenagers. Their bodies and joints ache and most are not as strong as they were in their youth. Cheerleaders usually retire in their late twenties. The pro cheerleading teams have a limit of how many years you may be on the team - no more than three years so that new, young faces are always associated with the football team's name. In every high school and college nationwide, cheerleaders have to abide by certain rules to remain on the team. These rules are followed strictly by every sports team enforced by the Athletic Director. Cheerleaders must maintain good grades, above a C- average and participate in all practices and events. If cheerleading is not a sport and merely an after school activity, then why do the sport requirements apply to these young men and women? What most people do not know about cheerleading is the large amount of time each teammate puts into the season. Cheerleading is not one simple season and then it is time to call it quits. Oh no, this sport goes pretty much all year round. High school Cheerleading starts up in August and ends in either March or April depending on how well the teams place at competitions. College cheerleading practices start up in June. The season usually ends in April at the National Cheerleading Competition in Florida. Nobody knows the long and dreadful hours that are considered normal practices to a cheerleading team all the while maintaining your hectic academic schedule. Cheerleading is an extremely active "sport" and practices can go all day. Athletic teams have set rules that regulate the number of hours per day and- week that they can practice. The cheerleaders can practice for hours a day. Agawam High School cheerleaders had a six hour Saturday practice in the fall of 2009. The reason why there are so many injuries is because these young men and women get so tired and over worked that they are not using proper safety techniques. No football team could go outside in their big pads and helmets and tackle each other for six hours straight. The cheerleader's favorite quote would have to be"if cheerleading was easy, they'd call it football." Not only are the requirements of a sport met for cheerleading but it goes above and beyond that. Cheerleaders put their heart and soul into this every single day that they participate. Nobody can give up, the only way they can succeed in competition is by becoming one. Failure is not an option in the mind of the true athlete; the cheerleader. Cheerleading is becoming more and more popular with each coming year with millions of girls and boys participating. Cheerleading is considered a sport in fifteen different states in the United States. It is one the rise and one day it is going to take over the sports world. "Who would ever think that cheer isn't a sport? We practice, we perform, we compete, we win. Do you have what it takes? Yelling so loud the next day you can't be heard. Memorizing a million tiny moves to show off in front of a team that never wins, throwing that girl in the air with her life in your hands, your muscles screaming in protest but you catch her anyway. Sacrificing yourself for 20 girls on one mat with one chance to stick it." By Erin D., Maple Valley J Citations Brady, Erik. "Cheerleading in the USA: A sport and an industry". USA Today April 26, 2002: 1-3 Fish, Kaye. "Why cheerleading is a sport". The News Herald September 15, 2008 Live Science Staff`. "Girls' Most Dangerous Sport: Cheerleading". Live Science. April 28, 2010 <htip://www.livescience.com/health/080811-cheerleading-injuries.html>. Ninemire, Valerie. "Has Cheerleading Become Too Dangerous?" Cheerleading Guide, R., Renee. : "Cheerleading is a Sport". Teen Ink. April 30, 2010 <http://teenink.com/nonfiction/sportslarticIe/15172/Cheerleading-is-a-Sport. 1:5111 1 ext - H44J - -b- - -- - ° ,r► 4 s HOUSE DOCKET,NO.2095 FILED ON:1117/2013 a HOUSE . . . . . . . . . . . . . . . No. 445 T"be commanwc.atth of ;RIa55atI1u5et15 PRf:SEty FLD 13V; s i Brian R. Mannal s i r 1 I To the tlonuruhleSenare and!loner of l?gwasrnmlives ofthe C'onunnimmilrh af,hlu.s.saehuverrs in General t Court assembled: t - t s the undersigned legislawrs andior ciuzenc respectfully peuuun for die paswlge of the acrompanying. An Act relative to rccounir.ino checrleading as a sport. PETITION OF: f t NAME: DISTRICVADDRESS: - Brian R. Mannal 2std Barnstable Jush S. Cutler 6Ih Phrmouth h C.'leon 11. Turner ls1 Rarnsiable � — 7 j :f Aran Vega _ T 1h Hampden t Tons Sannicandro ; 7th Middlesex = Timotht-R. Madden i Burnsluble. Dukes and Nuntricket _ t renJ)Dir hl ' 71h Phrnrozah _ lJunic lee 14'. Gm roil rc> �_ lth Viddlesex_ liana DiZn;Qlio 14Nr Essex Marjorie C. Oecker• 1.ilh Wi&ILver HOUSE DOCKET,NO,2D95 FILED ON:111712013 HOUSE . . . . . . . . . . . . . No. 445 i By Mr. Mannal of linrnstable,a petition(accompanied bY hill, lfousc. No. 445l of Brian It, ' Mannal and others for legislation to rcco.gnize cheerleadins as a sport. Education. i the. calntnonwe.altll of Namirl)u5etm I t t In the Year'I'wu Tlruu.and'thirteen / C An Act relalMv .to recognizing chceriending as a spurt, Be it eucrrwil hl•rhr.Seuanr emd Nnrru rJ kepresrntnrives in C;enowl Court assonbled.and bY slue awhora.r r fthe same. us fullnsrr: NI.—V 'f(IN I.Ch:lpier 71 1)klic(icncrnll l.a.+';,a;appe:II i n p in the 201 U t 111-1 it°I f:ditinn. i. hrrchy amcndcd by adliin_ the 1is11us5'Inr�Cujjon:- https://malegislature.gov/Bills/Bil]Html/i 26433?2enera1CourtJd=I 1 _ 7/12/2013 13111 1'ext.- H44:) f Section 371'. ll is lierehv declared of he the policy ol�the commoriwcalth to encourage°all school committees to recognize checrlcadini!as an intcrschoki'mic span and to adopt policies that promote equal : opportunities and funding For said span. R t { The information contained in this website is for generaf information purposes only,The General Court provides this information as a !!! public service and while we endeavor to keep the data accurate and current to the hest Of our ability,we make no representations or i warranties of any kind,express or implied,about the Completeness,accuracy,reliability,suitability or availabitlty with respect to the website or the information Contained on the website for any purpose.Any reliance you place oft such information is therefore strictly at your own nsk. pi Show r H+de Site Map^---�» - ---- Mass,00yl site lSite PQ lCqntact U Copyright 02013 The General Court,All Rights Reserved https://malegistature,gov/BillsBil]Html/1264')3?c,enera]Courtld�l l -- 7/12/2013 Is cheerleading a sport? A Massachusetts bill may make it one - Lowell Sun Online Page l of 2 i . Is cheerleading :a sport? A Massachusetts bill may make it one The Lowe/!Sun Lowell Sun Updated., LowellSun.com By Colleen Quinn State House News Service Over the years, cheerleading has morphed from dancers waving pompoms and wielding megaphones to student athletes performing gymnastics, high lifts and creative dance routines at sporting events across Massachusetts. Cheerleaders say it is time for schools and athletic organizations to take their athletic ability more seriously, and are pushing lawmakers to pass a bill officially recognizing cheerleading as a sport (H 445). Former and current cheerleaders told Joint Education Committee members Thursday that if cheering is recognized as a sport they would have better access to training facilities, well- trained coaches, and safer equipment. Without the recognition, cheer squads will continue to play second string to other school sports teams where they are forced to practice at odd hours after other teams are finished using facilities. If the bill were to become law, state policy would officially encourage all local school committees to recognize cheerleading as an interscholastic sport and to adopt policies that promote equal opportunities and funding for cheerleading. Emma Mannal, 12, a sixth grade cheerleader from Barnstable, said she spends hours practicing in a "hot, sweaty" gym four or five days a week. "We spend hours each day, weeks, and even months trying to perfect harder and more complex tumbling skills. We work just as hard as other athletes, we may even work harder," Mannal told lawmakers on the Education Committee. A law recognizing cheerleading as a sport would go a long way to changing perceptions about the girls' athletic abilities, advocates said. "We do something other athletes don't have to do. We have to defend our sport," Mannal said. Mannal is the daughter of Rep. Brian Mannal, a Democrat from Barnstable, who said he filed the legislation because he has watched his daughter and her team struggle for recognition and practice space. Mannal, a freshman representative, said some people might think the legislation is "silly" or not serious. http://m,"jv,,.IowelIsun.com/Niervebreakin�(newsfeed/ci_23 503210/is-cheerleading.-spore-ma... 7/30/2013 ,. Is cheerleading a sport?A Massachusetts bill may make it one - Lowell Sun Online Page 2 of 2 "There are literally thousands of young women, cause let's face it cheerleading is predominately a female sport, that don't believe having an equal opportunity to participate in the sport of their choice is a silly issue," Rep. Mannal said. Autumn Campinha said she has had bruised ankles, and sprained knees and wrists from the throwing, flipping and swings the Barnstable Silverbullets perform. "We practice non-stop to get ready for games and competitions. It hurts to hear cheerleading is not classified as a sport," she said. Cheryl Duddy Schoenfeld, a former New England Patriots cheerleader and high school coach from Dedham, said modern competitive cheerleading is "fierce," requiring strength, creativity and superb gymnastic skills. If cheerleading was considered a sport student athletes would become eligible for awards and scholarships given to other athletes, Schoenfeld said. "They deserve to be recognized for their accomplishments," she said. Cheerleaders are not the only ones calling on lawmakers to deem cheerleading a sport. The American Academy of Pediatrics recently issued a report calling on all state legislatures to enact laws recognizing cheerleading as a sport. The medical organization pointed out injuries related to cheering as a reason to declare it a sport, according to Rep. Mannal. Rep. Alice Peisch (D-Wellesley), co-chair of the Education Committee, asked what was preventing cheerleading from being recognized as a sport without a law. Rep. Jeffrey Roy (D -Franklin) asked if anyone was working with Massachusetts Interscholastic Athletic Association to push for recognition. "As far as I know anytime it has been brought up it has been rebuffed by MIAA," Schoenfeld said. Representatives from MIAA, who were at the hearing to testify on another bill, had just left the room before the cheerleading bill came up. "MIAA is, in a sense, the only game in town. They have a lock on Massachusetts high school sports," Rep. Mannal said. "If they say it is not a sport, it is not a sport unless we (lawmakers) change it." A state law that recognizes it would encourage school committees to recognize it, and it will "over time be something the MIAA must recognize," he said. http://%&,wm,.lowelIsun.com/vej-%,ebreak-inL,newsfeed/el 2')503210/is-cheerleading-sport-ma... 7/30/2013 rM." 'g. a ISO-rig. L,awhttak�ers deb- aAe' ,- kCOUN QUINN. and safer equipment.Without . Statehouse News Service .the recognition; cheer squads " ' vrill,continue'rto;play,secarid- BOST•ON -Over the years, string•to.other:,school sports cheerleading has -;morghed` ;teams where they are forced-to from -dancers,.,w4vmg Pom- ,practice;at oddborurs-after oth- .4. poms -.and wielding: mega- er teams are finished using fa phones,+to student-athletes eilities. - performing .g mnasfcs, high 1f the bill'-were to become difts,ya:nd.:.creatiue dance .rou .Iaw,'state . oIr would offi '� �'° :s_. ;. - u ,. `._. :tipes'at:6 ortin events�acros5 Associalee P.006s P g oially encourage all local Mississrppi cheerleaders perform during a men's ,•' Massachusetts. school committees to recog- • - L _• r ,Cheerleaders:say it is time nize cheerleadingas an-inter- 'basketbalCgame siiiffi Arkansas fan. 19 in Ox#ord, for-schools and,athletic organ- scholastic sport:and to adopt Miss. dzations to;take their athletic ,policies ,that ;promote equal •ability ,more:seriously,and.'are opportunities and funding for work just as hard.as other ath- athletes:don'.t have to do. We pushing'lawmakers-to spass:a. :cheerleading. letes,yae may even,workhard- have to defend our, sport," ,bill- :officially recognizing : Emma'Mannal,�12,-a sixth- er;" Mannal -told lawmakers Mannalsai& cheerleading as-&sport.'..- - .grade cheerleader from-Barn- .on the Education Committee. Mannal :is the daughter of Former--and-icurrent .cheer- stal?ie,, said she spends hours A- ' -a w' , r-e c og n i z in:g Rep, Brian Mannal, a Demo- leaders-told Joint -Education';practicing.in a "hot, sweaty" cheerleading as a.sport would crat; from Barnstable, who Committee ,members•Thurs- gym four-or-five days.a week.. go a Tong way toward chang- said he filed.the legislation be-. day?#hat if cheering is recog- "We spend hours each day, .ing-.perceptions about the cause. he has watched, •his- nized as a sport they would weeks, and even months try-' girls;-athletic .abilities, advo- daughter and her team strtrg- have:better.access.to training ingtoperfect-harder'and more .cites said. facilities,well-trained coaches complex tumbling skills. We "We do something other Please see Cheer,Page Bb Y The Republicnn,Friday,June 21,2013 Geer: Debate'=- ontinues Confinued--from.Page;31 cheerleading is "fierce," re- quiring strength,' creativity gie ,for recognition.and prat- and superb gymnastic skills. tice .space- Manhdl, a Cheerleaders are not the -freshman representative, said only ones calling on lawmak- some people might think the ers to deem cheerleading a legislation is"silly"or not serf- sport. ous. The American Academy of "There are literally thou- Pediatrics recently issued a re- sands of young women - be- port calling on all state legisla- cause, 11e.t's face it tures to enact laws cheerleading is predominately recognizing cheerleading as a a female sport-that don't be- sport. The medical organiza- Heve having.an equal opportu- lion pointed out injuries relat- nity to participate in the sport ed to cheering as a reason to of their choice is a silly issue," declare it a sport,according to Rep.Mannal said. Rep.Mannal. Autumn Campinha said she Rep. Alice Peisch, D- has had bruised ankles, and Wellesley,co-chair of the Edu- sprained knees and wrists cation Committee,asked what from the throwing, flipping was preventing cheerleading and swings the Barnstable Sil- from being recognized as a ver Bullets perform."We prat- sport without a law, Rep. Jef- tice nonstop to get ready for frey Roy,D-Franklin, asked if games and competitions. It anyone-was working with the hurts to hear cheerleading is Massachusetts Interscholastic not classified as a sport." Athletic Association to push Cheryl Duddy Schoenfeld,a forrecognition. former New England Patriots "As far as I know anytime it cheerleader and high school has been brought up it has ::oath from Dedham, said been rebuffed by IYElAA." Lneerleaaers anouia be i reatea Lixe Htnfetes, ,)ays American ticauemy 01 r'1Zu1dL1JUN - w ZI 1.1-Will 1-46C ! U1 Y ( } dews.Ouoles.Companies,Videos SEARCH f r•�• - � a ti•.t.r ti r ll.s.Ff7l11QN tF,a+rtay Clr:na;!,2i 2tai n.:.r,l I:,,,t.,;,c rii •. ' '•�)'rT� Subscribe L'uf!In Hume World U.s. Nrvj York Rnnm-st, Tech M,rrkntt•, Market ilaut Culniuri Life 8 Cul,ure I Real Estate Management C-Suitt; Arts&Entertainment hers Books B Ideas Fas}riun Food&Drink sports Travel Healsti Retirement Planning VVSJ,Magazine Off Duty The A•Hed Rag,sar•" Hospitals Dofanged Fl 11'Shops t American,; Living Celt ene Blood-Cancer Drug y; Prescribe Big I�:lta 1'runfi.tie u1 Gene T1Telul)r 1 rxlSrl', lint Not Shu��'• Positive Results r1 to Track Doctors at ;,i AINY.11VS Healthier ' Work OCA7aer 22,20!':,r.51 p.m [i1. Treat Cheerleaders as Athletes, Pediatrics Academy Advises Article Comments(B)� MORE IN HEALTH a WELLNESS. Emall Print I I By KAIHERINE HOBSON r 4 PMTPOLM TOOL ON AVAILABLEEXCLUSIVMY I - SUBSCRIBERS LEARN MORE More in Health K Wellness University or Kentucky cheerleaders dunng the 2012 NCAA Southeastern conference college basketball Is Bedtime`Haring Bad? tournament In New Orleans In March 1Scst 1�'ncs[u Srouthc:!Gainful tiuuburn The nation's pediatricians say cheerleaders should be treated more like athletes to "I,i",,ilrl"raaur r�rinc.+�irm Itcliti help prevent serious injuries from stunts and pyramids. a"'""'L""""A Nt'"'`l''`I'Drug H,:p:uins Ill*ge(l by'1'usk Force In a report published online Monday, the American Academy of Pediatrics recommends that cheerleading should be designated a sport at the high school and Popular Now Wha:►Tnrsl collegiate levels"so that it is subject to rules and regulations set forth by sports governing bodies,"such as the NCAA. '1 Opinion:5tr•assel: F; � L Another IttS There are an estimated 400,000 participants in high school cheerteadin almost all Scandal Waiting to p p 9 9, Happen women, and 29 stales recognize high school Cheering as a sport. ice' The National Collegiate Athletic Association doesn't track the number of college C)I)inlU)I:Noonan: I-IOW to Find cheerleaders because it isn't considered a sport. Grace After Disgrace thin://onI Inc.wsi.corn/article/SB10001=�24052970204�? ()04578072600()80 57()j58.11ttll� 7/12/2013 �1IP1GlGJ Jay0 r-1111i.1I\Ul1 r I u" . kttj v. a ....�.......� ,.�....,.._ -.o- ._ .- pocts.must petition to be recognized r,a�� "'tb,the NCAA, and the criteria for ^), r . r 4'. inclusion, among other things, state that , �•, ��• } fie:;. there must be an element of v competition.Two groups emphasizing Doctors tumbling and stunts have asked for cheerleading recognized as an "''.�`t.i• .:'.i.•,.Yo... PLC'(„I1 �11 L•hL✓'G• ! emerging sport.An NCAA s • Sizzles in San spokeswoman says the petitions will be Francisco reviewed for three years. Sideline cheerleaders wouldn't be included. r „ C2. PV cheerleading has a lower overall injury rate Than women's sports like gymnastics, � Opinion: George soccer and basketball. But the rate of catastrophic injury, causing death or P.Shultz:'Me permanent disability, Is comparatively high, according to previously published data worth American 4 P Y, � P Y 9 9 Y P cited in the pediatrics academy report. According to researchers at the University of North Carolina's National Center for snow 5 More Catastrophic Sport Injury Research,about 65%of the 128 direct catastrophic .. - - injuries to high-school female athletes between the 1982-1983 and 2010-2011 school years were received while cheerleading, according to the center's research. Among college female athletes,cheerleading accounted for 71%of 51 direct catastrophic injuries, according to the center. The pediatrics academy report cites statistics indicating a rise in the number of cheerleaders ages 6 and older,including traditional cheer squads on the sidelines at games and competitive squads that aren't affiliated with schools, from 3.0 million in 1990 to 3.6 million in 2003. Cheerleading injury rates have actually decreased over the past few years, after increased attention to safety,says Frederick Mueller, director of the UNC sport- mjury research center,which collects injury reports. Cheering squads often maintain intense workout schedules throughout the school year, not just during a single season, he says. They would benefit from better facilities,qualified coaches, access to athletic trainers and limits on practice. HooplaKa.com Wake up everyday with a smile al HooplaHa! hooplaha.com The AAP says cheerleaders, like other student athletes, should have a pre- participation physical. Coaches should be specially trained in the types of gymnastic The End Of Obama? stunts that cheerin squads increasingly perform. This looming scandal could ruin the oath President and disrupt the g q 9 y P Stanst>erryResearch.com The most dangerous stunts and pyramids shouldn't be done on hard surfaces,the "Garcinia Gambogia"or,oz Read This Before You Buy Garcinia As Seen On TV.91 Garcinia AAP says. Cheerleaders with signs of a head injury should leave the competition or Cambogia practice and shouldn't return until they have been cleared by a doctor or medical llvehealthjournal com professional. "Participation has increased,and the demands of the sport have increased,"says Cynthia i_aBeila, lead author of the report and an associate professor of pediatrics at Northwestern University's Feinberg School of Medicine. "The things that they're doing are more dangerous." The academy hopes coaches, administrators and state high-school athletic organizations will follow the guidelines, which aren't binding. Jim Lord, executive director of the American Association of Cheerleading Coaches 8 Administrators, says he agrees with most of the pediatricians'recommendations. Whether or not cheerleading is deemed a sport, participants should be treated as athletes, with access to the same level of facilities, medical personnel and qualified coaches, he says. http l/online.w.j.com/article/SB 10001424052970204425904578072600080557958.1111111 7/12/201 a Court Holds That High School Cheerleading Is a Contact Sport - Sports Litigation Alert Page 1 of 3 Subscriber Links Current SLA Issue SLA Archives AcCount MgnageMellt Subscriber Support Sports Litigation Alert . Home I Subscribe I Be a Contributing Writer I Expert Witness Dire= Featured SDQrts Law AttornevI Aboutus Contact us I Subscriber Support Sample Issue ll Resources Court Holds That High School Cheerleading Is A Contact Sport — Providing Immunity For Teammate And School District By Carla Varriale, Esq. In a recent decision that underscored the considerable risks. Sports Law Archive and safety concerns associated with cheerleading and is bound to have This is a sample article from the far-reaching implications, the Sports Litigation Alert archive Wisconsin Supreme Court has held of more than 700 sports law that high-school cheerleading is a articles and case summaries, contact sport. The Court ruled that Subscribers have full access to cheerleader/athletes who this keyword-searchable: sports law resource that dates negligently injure other back to 2004. participants are immune from liability. Likewise, the Court determined that the school district was immune from liability for the alleged negligent acts of a cheerleading coach. In Nof ke v. Bakke, 3o8 Wis. 2d 410, 748 N.W.2d 195 (20o8), the plaintiff, Brittany L. Noffke sustained injuries while practicing a "post -to-hands" cheerleading stunt. She fell backwards off of the stunt formation and struck her head on a tile floor. A teammate (and a defendant), was to have moved into position during the stunt and caught Noffke after she fell back. He moved into the wrong position, however, and failed to catch her. Mats or other safety equipment were http://ww",.sportslitigationalert.com/archive-cheerleading-is-contact-sport.php 7/3 012 0 1 3 Court Holds That High School C:heerleading is a Contact Sport - Sports Litigation Alert Page 2 of 3 not provided. At the time of the accident, Noffke's coach (a teacher from the school district), was supervising another team nearby. Noffke commenced a negligence action against her teammate, the school district and the school district's insurer. Initially, the Court was charged with determining whether Noffke's teammate was immune from liability under a Wisconsin statute which provides immunity from negligence actions for participants in a recreational activity which involves physical contact between persons in a sport involving amateur teams. The,Court concluded that, pursuant to Wis. Stat. §895.525(4m)(a) (2005-o6), Noffke's teammate was immune from liability because he was participating in a recreational activity involving physical contact between persons in a sport involving amateur teams. After analyzing the language of§895.525(4m)(a) and consulting a. dictionary in order to parse the terms "contact" and "contact sports," the Court determined that cheerleading is a sport which involves a cons i fferable o amonn p ysica contact an s 6-m-effi roes Iorceffil interaction") among the pa icipan and, as such, falls within the scope of the statuM. T he uourt contrasted "recreational activities" that do not enjoy immunity, such as bowling, horseback riding and skiing --� and reasoned that cheerleading is a contact sport because it involves -� "physical exe on and 9ZIM37is governe a ru es or customs,"and a teams ort because"a group is organized to wor og�Ter" to ea an articipaBon. e Court also consulted the spirit r es o t e National Fe era ion o 113t-a_t_e_TT1g_FSchoo1 Associations and cletermin--e-crfhat cheerleading is a contact$Pon Decause it involves p ysica contact between c eer ea e Moreover, the Court expressly encouraged the Wisconsin Legislature to "review this important statute and consider our interpretation", particularly with regard to how it may apply to such school team sports such as golf, swimming or tennis. The Court then considered whether the lower court erred when it concluded as a matter of law that Noffke's teammate was not reckless, since recklessness eliminated his immunity from liability under §895.525(4m)(a). Noting that the record lacked any evidence that Noffke's teammate "consciously disregarded the risk of serious bodily harm"to Noffke, the Court held he was not reckless as a matter of law. Rather, his conduct was merely inadvertent or unskillful. Lastly,the Court considered whether Wis. Stat. §893.80(4) afforded the school district with immunity for the alleged negligent acts of the cheerleading coach. §893.80(4) conveys broad immunity for liability for the legislative, quasi-legislative,judicial and quasi-judicial acts of a municipality, its officers or employees. The Court concluded that the school district was immune under the circumstances, noting;that there was no known and compelling danger giving rise to a ministerial http://vA,�A,w.sportsliti.gationalert,com/archive-cheerleading-is-contact-sport.php 7/30/2013 Court Holds That High School Cheerleading Is a Contact Sport- Sports Litigation Alert Page 3 of 3 duty(and that, in any event, no such duty was violated by the cheerleading coach). Noffke argued that the coach (as an employee of the school district) violated a ministerial duty by not providing a second spotter and mats as required by the spirit rules, and that the coach should have known there was a compelling danger as appropriate safety precautions were not taken for the cheerleaders performing this stunt for the first time. The Court found,,bowever, that the school district was not bound by the spirit rules because it had not adopted them. The spirit rules, moreover, did not require additional spotters or mats,but rather merely"suggested" these safety precautions. Consequently, the coach had the option of providing a second spotter and mats and chose not to do so. The Naffke decision, which the first of its kind, is a potential bellwether for other jurisdictions. The Court's analysis led to an unusual request that the Wisconsin legislature "...once again review this important statute" and consider "how the statute may apply to additional school team sports." Whether the Wisconsin legislature will heed this invitation, and what impact it will have on other school sports in Wisconsin and nationwide, remain to be seen. The Naffke decision, which has attracted national attention, also underscored the inherent risks associated with cheerleading. The Court's scrutiny of the applicable standards and safety equipment (or lack thereof) was notable. Naffke may lead to enhanced awareness of the importance of ensuring that cheerleader/athletes have sufficient protection and supervision. And that is something to cheer about. Carla Varriale, Esq. is a partner in Havkins. Rosenfeld, Ritzy& Garriale. LLP in New York.Her legal practice focuses on legal issues of interest to sports, entertainment and recreational teams and venues. She also teaches "Sports Law and Ethics"at Columbia University's School of Continuing Education. She can be reached at 646-747-5115 and carla.varriale(Phrrulaw.com. hitp://�Arwu,.sports]itigationalert.com/archive-cheerleadin--is-contact-sport.php 7/30/2013