SPRINGFIELD - The Illinois Press Association filed a lawsuit Thursday against the Illinois High School Association in an effort to overturn a rule that limits access to school sporting events and the use of photos taken at those events.
According to the lawsuit, the IHSA has contracted with Visual Image Photography Inc. for "exclusive and unlimited access to IHSA tournament locations and photo opportunities." At the same time, as a condition of receiving a media pass, newspapers are required to sign an agreement limiting their own access and the "secondary use" of photos not printed in the traditional newspaper.
The IPA is seeking a temporary restraining order against the implementation of the IHSA rules.
Pantagraph supports suit
The Northwest Herald in Crystal Lake and The State Journal-Register in Springfield joined the IPA in the lawsuit. Pantagraph Publisher Linda Lindus, who will take over as IPA board president in January, said the Pantagraph supports the lawsuit.
According to the lawsuit, the IHSA would ban the "secondary use" of photos. IHSA Executive Director Martin Hickman has defined that as any use other than with a traditional newspaper story.
Such requirements amount to prior restraint of the media's free press rights, the lawsuit claims.
Efforts to reach Hickman for comment Thursday night were unsuccessful.
Sue Schmitt, publisher of The State Journal-Register, noted her staff frequently uses photos not published on the newspaper's Web site and makes photos available to the public.
"Newspapers inform readers in many ways, not just print on paper," Schmitt said.
Many newspapers use photos not printed in the newspaper in online galleries.
Internet limits
The IHSA rules limit Internet broadcast of games to "regularly scheduled" newscasts. Without IHSA consent, individual clips cannot exceed 30 seconds and no more than two minutes of total game time within any one-hour period can be used.
Highlights cannot be used for any purpose two days following the event.
Photos published in the traditional newspaper apparently are not subject to restriction.
Allowing a private party to have unfettered access while limiting the media is another example of prior restraint and violates the equal protection clause of the Illinois Constitution, according to the lawsuit.
"It's very clear what this is about," said David Bennett, executive director of the IPA. "After a century of supporting and promoting local school sports, newspapers have helped develop a market that the IHSA now wants for itself. We believe what they're doing is unlawful."
Posted in Sports on Friday, November 2, 2007 12:00 am Updated: 2:04 pm.
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