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The OhioHSAA had a series of lawsuits like this over the course of a few years. They won every one of them. Eventually they got tired of paying the lawyers and passed a by-law that if a member school sues the AA and loses, the AA can penalize them monetarily to recover the expense of the litigation.
I've only heard of one instance since then when a lawsuit was being discussed and that was by parents, not the school. They eventually decided to not pursue litigation.
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