An Uneven Playing Field?

Ashley Badis thought it was rough when she and her girls water polo teammates had to practice in the Pacific Ocean. They battled choppy waves because their school in Ewa Beach, Hawaii, didn’t have a pool. 

But it was humiliating, Badis says, when she learned how other female athletes at her school, James Campbell High, were treated. They had to lug around their gear all day and run to a nearby Burger King to use the bathroom or change clothes under the bleachers or on the bus. The boys faced no such challenges because they had their own locker room and other facilities. 

“Hearing how many concerns and complaints that they had—it made me feel like I’m not alone in this, but it’s so wrong that we’re all being treated like this,” says Badis, now 21.

Badis is one of the plaintiffs in a lawsuit that alleges widespread gender-based discrimination against female athletes at Campbell, the biggest public high school in Hawaii. The suit is based on Title IX, the 1972 federal law that prohibits such discrimination in schools and colleges that receive funding from the U.S. government. 

The outcome of this trial could affect generations of girls in Hawaii and act as a wider test case for the promises and responsibilities of Title IX, says Ellen J. Staurowsky, a professor of sports media at Ithaca College in New York. She was the principal investigator for a recent Title IX report published by the Women’s Sports Foundation. This case, Staurowsky says, “has the potential to really be a wake-up call for schools that continue to ignore the law and don’t take it seriously.”

Ashley Badis thought it was rough when she and her girls’ water polo teammates had to practice in the Pacific Ocean. They battled choppy waves because their school in Ewa Beach, Hawaii, did not have a pool.

But it was humiliating, Badis says, when she learned how other female athletes at her school, James Campbell High, were treated. They had to carry around their gear all day. They had to run to a nearby Burger King to use the bathroom. And they had to change clothes under the bleachers or on the bus. The boys faced no such challenges because they had their own locker room and other facilities.

“Hearing how many concerns and complaints that they had—it made me feel like I’m not alone in this, but it’s so wrong that we’re all being treated like this,” says Badis.

Badis, now 21, is one of the plaintiffs in a lawsuit. It claims widespread gender-based discrimination against female athletes at Campbell, the biggest public high school in Hawaii. The suit is based on Title IX, a 1972 federal law. Title IX bans such discrimination in schools and colleges that receive funding from the U.S. government.

The outcome of this trial could affect generations of girls in Hawaii. It also could act as a wider test case for the promises and responsibilities of Title IX, says Ellen J. Staurowsky. She is a professor of sports media at Ithaca College in New York. She was the principal investigator for a recent Title IX report published by the Women’s Sports Foundation. This case, Staurowsky says, “has the potential to really be a wake-up call for schools that continue to ignore the law and don’t take it seriously.”

Before Title IX, many U.S. schools didn’t offer team sports for girls. But when the legislation took effect, it required schools that receive government funding to provide boys and girls with equal access to educational programs and activities. 

Since then, girls’ participation in high school athletics has grown from fewer than 300,000 students in the early 1970s to almost 3.5 million today. And as more girls have joined high school teams, women’s professional sports have risen in stature as well. 

But how closely schools follow Title IX is hard to track, experts point out. “What strikes me . . . is just how little we actually know about what is going on in the high school space,” Staurowsky says.

Before Title IX, many U.S. schools did not offer team sports for girls. But when the legislation took effect, it required schools that receive government funding to provide boys and girls with equal access to educational programs and activities.

Since then, girls’ participation in high school athletics has grown. It has gone from fewer than 300,000 students in the early 1970s to almost 3.5 million today. More girls have joined high school teams. Women’s professional sports have risen in stature as well.

But how closely schools follow Title IX is hard to track, experts point out. “What strikes me . . . is just how little we actually know about what is going on in the high school space,” Staurowsky says.

Campbell High, whose teams are called the Sabers, has more than 3,000 students. In February 2018, a news website called the Honolulu Civil Beat detailed gender inequities at Campbell, among other schools. It reported that female athletes hadn’t had a locker room since the school was built in 1962. 

Girls at Campbell had access to only a handful of old portable toilets, which were sometimes locked to prevent vandalism. So some girls drank less water—despite the hot, dry climate—to avoid having to run to the nearest available bathroom a half-mile away. 

Abby Pothier played soccer and water polo as a Campbell student. She recently outlined the daily struggle of being a female athlete at the school. All day long, she hauled a duffel bag containing soccer balls, cleats, shin guards, and more—in addition to her backpack and lunch. And sometimes girls’ soccer players couldn’t practice until the boys’ soccer and football teams had finished using the field. 

“It would be like 9:30 already,” says Pothier, now a sophomore at the University of California, Irvine. “The lights would turn off or the sprinklers would turn on—maybe both.”

While the boys’ football team traveled to Arizona and Nevada, the girls rarely left Oahu, the island they lived on, according to the lawsuit. When the girls soccer team qualified for state tournament games on the nearby island of Maui, the team wasn’t allowed to stay overnight. So they had a tight window to fly to Maui, play, and return, often without time to shower. 

“We’d be rushing after games, getting everyone into vans to get back to the airport, and we wouldn’t have time to eat,” Pothier recalls. “It was like: ‘Sorry, you have to get to your gate. You can eat when you get home.’ ”

Campbell High, whose teams are called the Sabers, has more than 3,000 students. In February 2018, a news website called the Honolulu Civil Beat described gender inequities at Campbell and other schools. It reported that female athletes had not had a locker room since the school was built in 1962.

Girls at Campbell were able to use only a handful of old portable toilets. Those toilets were sometimes locked to prevent vandalism. So despite the hot and dry climate, some girls drank less water. They did it to avoid having to run to the nearest available bathroom, which was a half-mile away.

Abby Pothier played soccer and water polo as a Campbell student. She recently outlined the daily struggle of being a female athlete at the school. All day long, she hauled a duffel bag. It held soccer balls, cleats, shin guards, and more. She also carried her backpack and lunch. And sometimes girl soccer players could not practice until the boys’ soccer and football teams had finished using the field.

“It would be like 9:30 already,” says Pothier. “The lights would turn off or the sprinklers would turn on—maybe both.” Pothier is now a sophomore at the University of California, Irvine.

The boys’ football team traveled to Arizona and Nevada. But according to the lawsuit, the girls rarely left Oahu, the island they lived on. When the girls soccer team qualified for state tournament games on the nearby island of Maui, the team was not allowed to stay overnight. They had a tight time frame to fly to Maui, play, and return. Often, they had no time to shower.

“We’d be rushing after games, getting everyone into vans to get back to the airport, and we wouldn’t have time to eat,” Pothier recalls. “It was like: ‘Sorry, you have to get to your gate. You can eat when you get home.’ ”

After the Civil Beat published its story, the American Civil Liberties Union (ACLU) of Hawaii demanded that the state’s Department of Education create a plan to address the inequities. The ACLU said that 14 schools statewide that had lockers for male athletes didn’t have them for female athletes. 

Working with a group called Legal Aid at Work, the ACLU of Hawaii sued in December 2018 on behalf of the plaintiffs—Badis and her sister Alexis, Pothier, and another former student. A federal district court judge in Hawaii set a trial date for this October. 

Spokespeople for the defendants, which include the Hawaii Department of Education and the Oahu Interscholastic Association, said they would not comment on the case. But in court documents, the defendants have argued that school officials have done the best they can and that the girls who sued aren’t entitled to retroactive fixes. “The Department of Education has made and continues to make the required reasonable efforts to accommodate plaintiffs,” the defendants wrote. 

After the Civil Beat published its story, the American Civil Liberties Union of Hawaii (ACLU) demanded that the state’s Department of Education create a plan to address the inequities. The ACLU said that 14 schools statewide that had lockers for male athletes did not have them for female athletes.

Working with a group called Legal Aid at Work, the ACLU of Hawaii sued in December 2018 on behalf of the plaintiffs. The plaintiffs included Badis, her sister Alexis, Pothier, and another former student. A federal district court judge in Hawaii set a trial date for this October.

The defendants include the Hawaii Department of Education and the Oahu Interscholastic Association. Spokespeople for them said they would not comment on the case. But in court documents, the defendants have argued that school officials have done the best they can. They said that the girls who sued are not entitled to retroactive fixes. “The Department of Education has made and continues to make the required reasonable efforts to accommodate plaintiffs,” the defendants wrote.

Campbell has made some changes, such as installing a new baseball and softball field and constructing a small building nearby with some lockers for girls who play softball. And its female athletes have been allowed to use a boys’ locker room. 

In addition, Hawaiian lawmakers have directed $6 million to the state Department of Education for Campbell’s athletic facilities, including a girls’ locker room, as part of a broader $60 million effort to meet Title IX requirements statewide. 

But Badis and the other plaintiffs say their lawsuit is about more than just buildings. They want to guarantee that female athletes at Hawaii’s high schools will be treated fairly for the long term. 

“I wanted to make sure that things are better for future generations,” says Badis, now a senior at the University of Hawaii at Manoa. “I didn’t want them to go through what I had to.” 

—David W. Chen covers sports for The New York Times. With additional reporting by Chrisanne Grisé.

Campbell has made some changes. It has installed a new baseball and softball field. It is constructing a small building nearby with some lockers for girls who play softball. And its female athletes have been allowed to use a boys’ locker room.

In addition, Hawaiian lawmakers have directed $6 million to the state Department of Education for Campbell’s athletic facilities, including a girls’ locker room. This is part of a broader $60 million effort to meet Title IX requirements statewide.

But Badis and the other plaintiffs say their lawsuit is about more than just buildings. They want to guarantee that female athletes at Hawaii’s high schools will be treated fairly for the long term.

“I wanted to make sure that things are better for future generations,” says Badis, who is now a senior at the University of Hawaii at Manoa. “I didn’t want them to go through what I had to.”

—David W. Chen covers sports for The New York Times. With additional reporting by Chrisanne Grisé.