H. TOAL C.J.
sanctioned the basketball team of C.A. Johnson Preparatory
Academy (C.A. Johnson) for violating petitioner's rules.
As a result, C.A. Johnson was prohibited from participating
in the 2003 Class AA State Basketball Playoffs. On behalf of
C.A. Johnson, respondent brought this action seeking a
temporary restraining order and a preliminary injunction of
petitioner's decision in this matter. The circuit court
denied the request for injunctive relief, and respondent
appealed. The Court of Appeals granted respondent's
request for a writ of supersedeas. Petitioner now asks this
Court to issue a writ of supersedeas to overturn the Court of
Appeals' decision or to certify this matter to this Court
for review. Respondent has filed a return opposing the
this is a matter of significant public interest, we certify
this case for review by this Court pursuant to Rule 204(b),
purpose of a writ of supersedeas is to preserve the
jurisdiction of the court or to prevent a contested matter
from becoming moot by preserving the status quo. Melton
v. Walker, 209 S.C. 330, 40 S.E.2d 161 (1946).
Supersedeas is usually granted only when necessary to avoid
irreparable injury or a miscarriage of justice and only in
cases where it is likely that the appellant will succeed on
the merits of the case. 4 C.J.S. Appeal and Error
§ 417 (1993). In order to obtain an injunction, the
moving party must show that the conduct sought to be enjoined
threatens the moving party with irreparable injury for which
there is no adequate remedy at law. Thornton v.
Arnold, 274 S.C. 1, 260 S.E.2d 179 (1979).
will not interfere with the decisions of voluntary
associations, except in cases involving fraud, mistake,
illegality, collusion, arbitrariness, lack of jurisdiction,
or the invasion of property or pecuniary rights or interests.
Bruce v. South Carolina High Sch. League, 258 S.C.
546, 189 S.E.2d 817 (1972). Respondent argues that petitioner
is a state actor under Brentwood Academy v. Tennessee
Secondary Sch. Athletic Ass'n, 531 U.S. 288, 121
S.Ct. 924, 148 L.Ed.2d 807 (2001), and that
Brentwood effectively overruled this Court's
decision in Bruce. Although we agree that petitioner
is a state actor, respondent has not shown that any
constitutional rights were implicated by the enforcement of
petitioner's rules against C.A. Johnson. Participation in
extracurricular activities is a privilege, not a
constitutionally guaranteed right. Bruce v. South
Carolina High Sch. League, supra. See also
Scott v. Kilpatrick, 286 Ala. 129, 237 So.2d 652 (1970);
L.P.M. v. Sch. Bd. of Seminole County, 753 So.2d 130
(Fla. App. 2000); Smith v. Crim, 240 Ga. 390, 240
S.E.2d 884 (1977); Indiana High Sch. Athletic Ass'n
v. Carlberg, 694 N.E.2d 222 (Ind. 1997); Kentucky
High Sch. Athletic Ass'n v. Hopkins County Bd. of
Educ., 552 S.W.2d 685 (Ky. App. 1977), overruled on
other grounds National Collegiate Athletic Ass'n. v.
Lasege, 53 S.W.3d 77 (Ky. 2001); Chabert v.
Louisiana High Sch. Athletic Ass'n, 312 So.2d 343
(La.App. 1975); Berschback v. Grosse Pointe Pub. Sch.
Dist., 154 Mich.App. 102, 397 N.W.2d 234 (1986);
Mississippi High Sch. Activities v. Coleman, 631
So.2d 768 (Miss. 1994); State ex. rel. Missouri State
High Sch. Athletic Ass'n v. Schoenlaub, 507 S.W.2d
354 (Mo. 1974); Menke v. Ohio High Sch. Athletic
Ass'n, 2 Ohio App.3d 244, 441 N.E.2d 620 (1981);
Whipple v. Oregon Sch. Activities Ass'n, 52
Or.App. 419, 629 P.2d 384 (1981); Pennsylvania Int'l
Athletic Ass'n v. Greater Johnstown Sch., 76 Pa.
Cmwlth. 65, 463 A.2d 1198 (1983); Tennessee Secondary
Sch. Athletic Ass'n v. Cox, 221 Tenn. 164, 425
S.W.2d 597 (1968); Spring Branch I.S.D. v. Stamos,
695 S.W.2d 556 (Tex. 1985); Bailey v. Truby, 174
W.Va. 8, 321 S.E.2d 302 (1984).
was no denial of any constitutional rights in this matter,
and respondent has not shown any damages from the decision of
petitioner. Respondent failed to show that prohibiting the
C.A. Johnson basketball team from participating in the State
playoffs would cause irreparable injury or that there is a
likelihood that respondent will succeed on the merits of the
appeal. Accordingly, the request for a writ of supersedeas
should have been denied by the Court of Appeals.
order of the Court of Appeals granting respondent's
petition for a writ of supersedeas is vacated. Accordingly,
the sanction imposed by petitioner on C.A. Johnson shall
remain in effect pending the resolution of this appeal by
parties shall proceed with the appeal before this Court as
provided in the South Carolina Appellate Court Rules.
E. Moore J., John H. Waller, Jr. J., E.C. Burnett, III ...