Last week, Montgomery County Circuit Judge J.R. Gaines ordered the State of Alabama and the Alabama High School Athletic Association (AHSAA) to enter into mediation to resolve a lawsuit brought by Gov. Kay Ivey and House Speaker Nathaniel Ledbetter (R-Rainsville) over their rule requiring transfer students using CHOOSE Act funds to sit out from athletics for a year.
However, the mediation order may amount to nothing more than a delay until the legislature is back in session in 2026, according to State Sen. Chris Elliott (R-Josephine).
During an appearance on Mobile radio FM Talk 106.5, the Baldwin County lawmaker said he expected the legislature to act before a mediated settlement is finalized.
"It's a step that judges use frequently to try to see if the parties can work out their differences," he said. "I don't think based on what I know from both sides that they're going to work out their differences. And frankly, by the time they get to the point where they — the clock might run out on mediation. The legislature is going to have changed the law. This might be a stalling tactic until the legislature can change the law again and really show the Alabama High School Athletic Association, 'Look, at the end of the day, the rules of your association do not, will not and cannot trump the state law."
"[I] think the legislature takes the opportunity to say, 'No problem, we'll mediate this,'" Elliott added.
Throughout the ordeal, Elliott said the AHSAA has shown an unwillingness to budge.
"These guys are going down with the ship," Elliott said. "They hate school choice. They hate the CHOOSE Act. They think that their rules that they make up on their central committee, politburo, whatever they call it, trumps state law. And that's just not the case. They think they shouldn't be governed by state law and the legislature is not going to stand for that. Our constituents are not going to stand for that. And so, at the end of the day, they're intransigent. That's fine. That makes my job easier, and so, I'm looking forward to the legislative session where we finally get control of this behemoth that thinks its better than the laws that everybody else has to abide by."
Jeff Poor is the editor-in-chief of 1819 News and host of "The Jeff Poor Show," heard Monday-Friday, 9 a.m.-noon on Mobile's FM Talk 106.5. To connect or comment, email [email protected] or follow him on Twitter @jeff_poor.
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