The body that governs Illinois high school sports is not required to disclose its records to the public, a Cook County judge ruled Tuesday.

Ruling from the bench, Circuit Judge Mary Lane Mikva dismissed a lawsuit the Better Government Association brought against the Illinois High School Association.

Mikva rejected the argument that the IHSA is a public entity and, therefore, subject to the Illinois Freedom of Information Act.

She also rejected the notion that the IHSA — which has members that are public or private schools — is performing a governmental function by overseeing interscholastic sports for the schools that make up its membership.

The ruling drew disappointment from a First Amendment scholar and a media attorney.

William M. Freivogel, a media law professor at Southern Illinois University, said records related to public schools ought to be public, even if they are in the possession of an organization that has been deemed to be a private entity.

“It would appear to me as though it will harm both newsgathering and the ability of the public to get information from organizations like the IHSA,” said Freivogel, who added that he is not second-guessing Mikva.

Donald M. Craven of Donald M. Craven P.C. in Springfield, who is general counsel for the Illinois Press Association, said the IHSA “does a lot of quasi-governmental activities” on behalf of its members, including public schools.

And the purpose of the Illinois FOIA is “to allow the public to have as much information about the operation of public bodies as possible,” he said.

The question of whether the IHSA should be subjected to FOIA has surfaced in the Illinois General Assembly in the past.

“Perhaps this ruling will be the impetus for the General Assembly to look at the issue again,” he said.

The IHSA, which has about 800 members, is based in Bloomington.

Last year, the BGA, a nonprofit government watchdog, asked the IHSA for documents that included vendor contracts and sponsorship agreements with Nike, Gatorade and other businesses.

After the IHSA declined to produce the documents, the BGA unsuccessfully sought them from Consolidated High School District 230, based in Orland Park.

The BGA then filed suit, arguing that the IHSA is a public entity under the Illinois FOIA.

The IHSA itself acknowledged it is a public entity, the BGA contended, in fighting an action for negligence and defamation several years ago.

The IHSA alleged it was shielded from liability under the Local Government and Governmental Employees Tort Immunity Act, the BGA noted, citing Hood v. Illinois High School Association, 359 Ill.App.3d (2d Dist. 2005).

An attorney for the IHSA, David J. Bressler of Dykema, Gossett PLLC in Lisle, pointed out that the IHSA lost in Hood.

“I can’t see how we can be held to an argument we lost,” Bressler.

Mikva’s ruling was consistent with many cases in Illinois and other states, Bressler said.

“If we’re not entitled to immunity as a public entity,” he said, “why should we be subject to any of the other requirements of a public body?”

Matthew V. Topic of Loevy & Loevy, represented the BGA and said Mikva’s ruling will be appealed.

In addition to Topic, the BGA was represented by Julie M. Goodwin of Loevy & Loevy.

In addition to Bressler, the IHSA was represented by Melissa Lynott Mitchell of Dykema, Gossett.

District 230 was represented by Vanessa Victoria Clohessy and Jeffrey C. Goelitz, both of Hodges, Loizzi, Eisenhammer, Rodick & Kohn LLP in Arlington Heights. They could not be reached for comment.

The case is Better Government Association v. Illinois High School Association, et al., 14 CH 12091.