Missouri Attorney General Catherine Hanaway
ST. LOUIS — Missouri Attorney General Catherine Hanaway has filed a lawsuit against the Missouri State High School Activities Association, alleging the organization violated federal anti-discrimination laws by excluding a nominee from consideration for a leadership position based on race and sex.
The suit was filed in the United States District Court for the Eastern District of Missouri and seeks to block what the Attorney General’s Office describes as unlawful and unconstitutional policies governing eligibility for MSHSAA board positions.
MSHSAA maintains official policies that tie eligibility for two at-large seats on its Board of Directors to race and sex, limiting those positions to individuals who represent an “under-represented gender” or an “under-represented ethnicity,” according to the suit.
The Attorney General’s Office argues that these criteria amount to race- and sex-based discrimination in violation of federal law.
“MSHSAA’s nomination policies and actions are racist and unlawful,” Hanaway said in a statement. “No organization, and certainly not a policymaking entity in charge of our children’s activities, will be allowed to defy and ignore federal anti-discrimination laws.”
The case stems from a whistleblower complaint that came to the attention of state officials late last year.
In November, State Auditor Scott Fitzpatrick sent a letter to the Attorney General’s Office advising it of a complaint from an individual who said he had received notice from MSHSAA that he was not eligible for a board position because of his race and gender.
The notice, according to the Attorney General’s Office, explicitly cited those characteristics as the reason for his ineligibility.
Following receipt of the letter from the auditor, Hanaway said her office launched its own investigation into the association.
That investigation, she said, confirmed the allegations raised by the whistleblower complaint and identified the policies at issue as formally adopted and enforced by MSHSAA.
State Auditor Fitzpatrick said the matter raised concerns about fairness and compliance with the law, particularly given MSHSAA’s role in overseeing high school activities across Missouri.
“Any organization taking taxpayer money ought to know the rules — and follow them,” Fitzpatrick said. “When the whistle blows, fairness and the law come first. I’m proud to work with Attorney General Hanaway to ensure MSHSAA plays by the rules. Our students deserve a level playing field—and we’re going to make sure they get one.”
The Attorney General’s Office said it attempted to address the issue before turning to litigation, but that MSHSAA repeatedly refused to abandon or revise the challenged policies. After those efforts failed, Hanaway filed the complaint seeking judicial intervention.
In the lawsuit, the Attorney General asks the court to declare MSHSAA’s nomination policies unconstitutional and to issue injunctive relief prohibiting the association from disqualifying candidates for board positions based on race or sex.
The requested relief would bar MSHSAA from continuing to enforce eligibility rules that restrict leadership opportunities according to those characteristics.
Hanaway also framed the lawsuit as a call for the association to adhere to its own stated principles.
“MSHSAA should return to the values in its own mission statement and focus on personal excellence, positive contributions to one’s community, and the democratic principles of our state and nation when selecting board members,” she said.
MSHSAA oversees interscholastic sports and activities for schools across the state and plays a significant role in setting policies that affect students and school districts.
The Attorney General’s Office emphasized that organizations with such responsibilities must comply with federal anti-discrimination laws, particularly when making decisions about leadership and governance.
