This section contains the nature of the case and procedural background.

Brenda Clinton was a minor and brought his action through her mother (P) seeking an issuance of a TRO and a preliminary injunction and permanent injunction against Nagy (D), the Commissioner of the Division of Recreation of the City of Cleveland and others. P filed the action under 42 U.S.C.A. 1983 because she was deprived of equal recreational opportunities because of her sex. P was a twelve-year-old girl, and she wanted to play football for the 97th Street Bulldogs. P informed her mother and the coach of the team. The team was licensed by the City. Neither P’s mother nor the coach objected to P’s participation on the team. P was suited and ready to play on September 28, 1974, but was informed by D that she would not be permitted to play because she was a female. P then sued. At the initial hearing, D did not dispute that P was not permitted to play because of her sex. D contends that the exclusion was lawful because it bears a rational relationship to a legitimate state purpose of providing for the safety and welfare of females. D contends that its experts would testify that even at the age of ten, eleven, or twelve, boys are beginning to develop speed and greater physical stamina at a faster pace than girls of those ages do. P has cited several recent cases, which have struck down school regulations that bar females from participating in sports solely because of their sex. D contends that those cases only portrayed non-contact sports and are not on all fours with these facts.

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