SCOTUS LOPEZ AND MORRISON GUIDE FOR INVALIDATING LAWS FROM EXPANDED AUTHORITY OF THE COMMERCE CLAUSE LAWS. THE SAFE SPORT ACT MIGHT BE ONE SUCH LAW

A Few Child Athlete Abuse Injury Statistics, Both Accidental and NOT Accidental totals

  • 1.35 million Child Sport Injury were treated in Emergency Depts (ED) in2012
  • 1 Child every 3 minutes is examined for Sports Concussion
  • Child Athletes age 12-15 have 47% of Concussions[M. Healy,USA TODAYAug. 6, 2013]
  • ~ 8,000 Child Athletes Sports Injuries are treated in U.S. ED each day [Wier L, Miller A, Steiner C. Sports Injuries in Children Requiring Hospital Emergency Care, 2006. HCUP Statistical Brief #75. June 2009. Agency for Healthcare Research and Quality, Rockville, MD. http://www.hcup-us.ahrq.gov/reports/statbriefs/sb75.pdf. ]
  • >2.6 million Child Sports Injuries, age 0-19 years, are treated in ED / year   [CDC>Child Safety and Injury Prevention  March 14, 2017 Protect the Ones You Love: Child Injuries are Preventable]

Relative Magnitudes Below Confirms; Child Athlete Abuse Syndrome Act Is Essential

  • CDC: >50% of Child Sports Injuries Preventable, Not Accidental, {{{ mbmsrmd caused or allowed to be caused secondary to Maltreatment, Endangerment, Abuse, Negligent supervision, Civil rights Violations  http://www.cappaa.com/not-accidental-preventable-childrens-sport-injuries }}}
    [3 Centers for Disease Control and Prevention.
    [8 Center for Injury Research and Policy. The Research Institute at Nationwide Children’s Hospital, Dr. Dawn Comstock, Columbus, OH.
    [22 Centers for Disease Control and Prevention.
    [23 Mueller FO, Colgate B. Annual Survey of Football Injury Research, 1931–2009. February [2010; University of North Carolina in Chapel Hill.
    [24 Centers for Disease Control and Prevention. Heat Illness Among High School Athletes—United States, 2005–2009. MMWR Morb Mortal Wkly Rep. 2010;59(32):1009–13.
    [33 Centers for Disease Control and Prevention. Nonfatal Traumatic Brain Injuries Related to Sports and Recreation Activities Among Persons Aged ≤19 Years—United States, 2001–2009. MMWR. 2011;60(39):1337–1342
  • ∴ Approximately ~ 1.3 million children injuries, 0-19 years old, (50% of total) that are treated in ED each year for Sports, Recreation, Exercise and Other (SREO) ICD=10 Activities, are Preventable, Not Accidental Sport.
  • ∴ Approximately ~ 4,000 children injuries, (50% of total), treated in ED each day for Sports, Recreation, Exercise and Other (SREO) ICD=10 Activities, are Preventable, Not Accidental Sport injuries, aka Child Athlete Abuse Syndrome:  http://www.cappaa.com/not-accidental-preventable-childrens-sport-injuries]PREVENTABLE, NOT ACCIDENTAL SPORT, RECREATION EXERCISE AND OTHER CHILD ATHLETE ABUSE ICD-10 ACTIVITY INJURIES:]

Compared to 2 other very important U.S. Child Injury Statistics  

  • 5,790 U.S. Child gun-related injury treated in ED each year . [Childhood Firearm Injuries in the United States, Katherine  Carmen Gutierrez, Sarah Bacon, Pediatrics Jun A. Fowler, LindaL. Dahlberg, Tadesse Haileyesus, 2017, e20163486; DOI: 10.1542/peds.2016-3486]
  • In last 20 years, 18.4 gymnasts / year (368 gymnasts) alleged some form of sexual abuse: [INDYSTAR INVESTIGATIONS REVEALED THAT CHILDREN WERE BEING ABUSED IN GYMNASTICS GYMS, BUT NO ONE KNEW HOW WIDESPREAD THE PROBLEM WAS. UNTIL NOW. By Tim Evans, Mark Alesia and Marisa Kwiatkowski, IndyStar]

This report is not to rank Child injury importance and treatment. All Children’s Injuries, Physical, Psychological Maltreatment, Endangerment, Sexual Abuse, Negligent Supervision and Civil Rights Violations require equal timely expert medical attention. This is our forensic Medical purpose. The Safe Sport Act appears to provide Un-Equal Protection under the law for a select group, 8 million Olympian Child Athletes, 

“The Safe Sport Act is new and many questions are already arising as to the interpretation of some provisions and the applicability of special circumstances.”….”It will take many years of court cases to further answer these questions.” From this excellent article: [New Safe Sport Act Applies to Most Amateur Sports Organizations, Sadler and Co, Inc. Risk Management 2018]

Expanded authority of the Commerce Clause allows Federal regulation of Child Amateur Olympian Athletes and others inferred by The Safe Sport Act (SSA).

SSA statute should be invalidated because the SSA does not frame the Commerce Clause properly.

Lopez 61 and Morrison 62 provided the courts with guiding tests for determining whether a regulated activity ‘substantially affects’ interstate commerce. 63 [Nathaniel Stewart, Turning the Commerce Clause Challenge “On Its Face”: Why Federal Commerce Clause Statutes Demand Facial Challenges, 55 Cas. W. Res. L. Rev. 161 (2004)]

Child Amateur Athletes are not compensated for the ICD-10 Activities in which they participate i.e. Sports, Recreation, Exercise (SRE) and other activities

Child Amateur Athlete ICD-10 activities are not labor cannot be reached through Child Labor Laws [HAMMER v. DAGENHART]

“Violence in Sport can be defined as behavior that causes harm, occurs outside of the rules of the sport and is unrelated to the competitive objectives of the activity.”  [Terry, Peter C. and Jackson, John J. (1985) The Determinants and Control of Violence in Sport. Quest, 37 (1) 27-37 [Leonard, Wilbert Marcellus. (1988) A Sociological Perspective of Sport (Third Edition). New York, Macmillan Publishing Company p.165].

Chief Justice Rehnquist explained  Child Amateur Athlete Abuse and Violence cannot be reached by The Commerce Clause instrumentalities, channels traveled or actions taken, production manufacture [U.S. v. MORRISON]

Knight held that “Commerce succeeds to manufacture or manufacture precedes commerce. [U.S. v. E.C. Knight Co., 156 U.S. 1, 12 (1895)]

Chief Justice Rehnquist explained, by emphasizing that “non-economic activities, violence against humans, could not be aggregated to establish a substantial connection to interstate commerce.” [U.S. v. MORRISON]

“It is the province of the states, (Bill of Rights Enumerated Powers) not the federal government, to regulate intrastate violence.” [Rehnquist U.S. v. MORRISON]

Child Athlete Abuse is Unlawful Forensic Medical Morbidity and Mortality. The Child Patient 1st requires Medical Examination and Treatment in State Multidimensional Team Intervention policies and procedures, when reported to the County Attorney, chief law  enforcement officer and CPS/Social Services. [section 106 CAPTA 2010]

Gonorrhea and all other STDs are not apparent to the untrained lay person’s eye immediately. The Rape Kit is not good after 72 hours. The state Country Attorney and CPS are trained to interview children tactfully and carefully and seek medical treatment and evidence immediately.  [The relationship of victim injury to the progression of sexual crimes through the criminal justice system. K.M. Kennedy, J Forensic Leg Med 2012, 19 (6):309-11]

Because the examination findings of most child victims of sexual abuse are within normal limits or are nonspecific, the child’s statements are extremely important. The child’s history as obtained by the physician may be admitted as evidence in court trials; therefore, complete documentation of questions and answers is critical.”

“Child sexual abuse is a complex problem that requires the physician to evaluate and treat the patient using a Multidisciplinary Approach.” [Evaluating the child for sexual abuse.by S. L. Lahoti, N. McClain, R. Girardet, M. McNeese, K. Cheung, Am Fam Physician. 2001 Mar 1; 63(5): 883–892]

Safe Sport Act and the Center for Safe Sport Law do not have drafted provisions for

1) Doctors treatments

2) ICD-10 Forensic Medical Child Abuse Injuries diagnostic nomenclature

3) No provisions for collecting and analyzing state and national injury mortality and morbidity data.[Proposed Framework for Presenting Injury Data using ICD-10-CM External Cause of Injury Codes Joseph L Annest, PhD, MS,1 Holly Hedegaard, MD, MSPH,2 Li-Hui Chen, PhD,2 Margaret Warner, PhD,2 Equater (Ann) Smalls1 March 2014, A Collaboration of CDC’s National Center for Injury Prevention and Control,1 Atlanta, GA and National Center for Health Statistics,2 Hyattsville, MD]

4) How Preposterous.

___________________________________________________________________________

SUMMARY May 2, 2018

This journalist, Athlete Safety 1st website, Prevent Child Athlete Abuse advocate is uniquely qualified to evaluate and describe the successes and failures of the Safe Sport Act and Center for Safe Sport. Please see Curriculum Vitae;  http://www.cappaa.com/micheal-b-minix-sr-m-d-cv-sports-work-history

The Safe Sport Act (SSA) does not appear to have had consultations with professionals certified in Child Abuse Prevention and Treatment. The information within the law does not reflect the C.A.R.E. certification training information this journalist received, although some claim to be ‘Experts’.

Safe Sport Act (SSA) should have been legislatively drafted with laws about

  • All Forensic Medical Types of unlawful, preventable, not-accidental Child Amateur Athlete Abuse morbidity and mortality
  • and legislated drafted about the sovereign state Multidimensional Team Intervention Approach for reporting, investigating and prosecuting Child Athlete Abuse, approved by U.S. Department of Justice, [U.S.Dept of Justice 2001 Guide to Investigating Child Abuse]
  • Safe Sport Act (SSA) should have been legislatively drafted with laws about the entire Definition of Child Athlete Abuse Syndrome, as presented in 2011 by this journalist advocate, and not limited to Child Athlete Sexual Abuse, which is only one of the total types.  http://www.cappaa.com/child-and-youth-definitions

Safe Sport Act (SSA) should NOT have been legislatively drafted with laws

  • about another Center for Safe Sport (CSS) and repeating the same mistakes as before in SafeSport,
  • eronoulsly defining Child by the Sport they play, rather instead drafted by their age of minority, 18,
  • mistakenly using the term Youth instead of Child at times in the law and rather instead defined both terms
  • that expand the authority of the Commerce Clause to allow the Federal regulation of Child Amateur Athletes
  • that allow suspected Child Athlete Abuse to be reported to the Center for Safe Sport, which is not a law enforcement organization,
  • that are reported to an ill-defined law enforcement agency, called ‘police’, for Child Amateur Athlete Abuse, which is wide open for interpretation.

Safe Sport Act (SSA) should have legislatively amended and consolidated

  • The Victims of Child Abuse Act of 1990,
  • Ted Stevens Olympic Amateur Sports Act of 1978,
  • time honored Child Abuse Prevention and Treatment Act, CAPTA 2010, P.L. 111-320
  • and U.S. code 42, 5106a – Grants to States for Child Abuse and Neglect Prevention and Treatment Programs into one Congruent law covering All ICD-10 Child Amateur Athlete venues, activities, conditions, causes, factors, modifiers and suspected Perpetrators and due process.
  • New Grants In addition to the standard operating Multidisciplinary Procedures grants for non-Athlete infant, toddler and teenage Child Abuse, now operating.

42 U.S.C. United States Code, 2010 Edition Title 42 – THE PUBLIC HEALTH AND WELFARE CHAPTER 67 – CHILD ABUSE PREVENTION AND TREATMENT ACT has pages and pages of Federal Law dedicated for every possible aspect of Child Abuse. There is no way SSA and CSS can legislatively draft any Child Abuse shape, form, or fashion, that would competently cover all necessary aspects of Child Abuse; that is a preposterous conception. 42 U.S.C. United States Code has required years of legislative drafting by professional statesmen/women and drafters. Hence, SSA and CSS are not nearly capable of ‘re-inventing the wheel’ over the nest several years and thus, are unsustainable.

End of Summary

_________________________________________________________________________________

The “Battered-Child Syndrome” was first reported by C. Henry Kempe, M.D., Frederic N. Silverman, M.D., Brandt F. Steele, M.D., William Droegemueller, M.D. and Henry K. Silver, M.D., in JAMA. 1962; 181 (1): 17-24.

“Battered-Child Syndrome”, a forensic medical matter, was the first report describing Child Abuse in U.S.

“The Battered-Child Syndrome” evolved into Child Protection Laws, CAPTA 1974. The Child Abuse Prevention and Treatment Act (CAPTA) was the 1st key legislation, following “Battered Child Syndrome” in 1974 (P.L. 93-247).

CAPTA has been reauthorized several times and was last reauthorized as the CAPTA Reauthorization Act of 2010 (P.L. 111-320).

CAPTA defined Child, a minor less than 18, and illegalized Child Abuse.

The Safe Sport Act (SSA) and the Center for Safe Sport (CSS) should be a law about illegal Child Athlete Abuse morbidity and mortality prevention and intervention,

The Safe Sport Act (SSA) and the Center for Safe Sport (CSS) should be a law about all types of Child Athlete Abuse morbidity and mortality, including Sexual Abuse, according to the International Classification of Disease, established in ICD-10 language, last reauthorized and effective Oct., 2015, by the World Health Organization.

The SSA and CSS should not be, as it appears, an Unconstitutional U.S. law, which renders it Unsustainable going long , because of the new laws’ inappropriate expansion of the power and authority over Child Olympian Athlete Sexual Abuse by its association with the Commerce Clause [Uses and Abuses of, Jan 18, 2011 14 by David Forte, Heritage Foundation].

The SSA and CSS should not be, as it appears, Violations of the 10 Amendment and Violations of Enumeration Powers Clause

The SSA and CSS should not be, as it appears, about Child and Youth Amateur Athlete Abuse defined and classified by the Sports in which they participate and authority of the Commerce Clause, while neglecting ICD-10 forensic medial and CAPTA 2010 definitions and classifications.

Leave a Reply

Your email address will not be published. Required fields are marked *