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:At the outset, we agree with the district court and conclude that OSSAA is subject to the Fourteenth Amendment because it is a state actor. See ''Brentwood Acad. v. Tenn. Secondary Sch. Athletic Assoc.'', 531 U.S. 288, 298-99, 121 S. Ct. 924, 148 L. Ed. 2d 807 (2001). OSSAA's conduct constitutes state action because of the "persuasive entwinement of public institutions and public officials in its composition and workings." ''Id.'' at 298. OSSAA members are 98 percent public schools, which is a larger percentage than that in Brentwood Academy. See 531 U.S. at 298-99 (concluding that the athletic association was a state actor where 84 percent of its members were public schools). All fourteen of OSSAA's current directors are public school employees, and Oklahoma has authorized OSSAA to determine athletic eligibility and hold play-off games. See Okla. Stat. tit. 70, § 8-103.2. OSSAA is subject to the [[Fourteenth Amendment]].
 
:At the outset, we agree with the district court and conclude that OSSAA is subject to the Fourteenth Amendment because it is a state actor. See ''Brentwood Acad. v. Tenn. Secondary Sch. Athletic Assoc.'', 531 U.S. 288, 298-99, 121 S. Ct. 924, 148 L. Ed. 2d 807 (2001). OSSAA's conduct constitutes state action because of the "persuasive entwinement of public institutions and public officials in its composition and workings." ''Id.'' at 298. OSSAA members are 98 percent public schools, which is a larger percentage than that in Brentwood Academy. See 531 U.S. at 298-99 (concluding that the athletic association was a state actor where 84 percent of its members were public schools). All fourteen of OSSAA's current directors are public school employees, and Oklahoma has authorized OSSAA to determine athletic eligibility and hold play-off games. See Okla. Stat. tit. 70, § 8-103.2. OSSAA is subject to the [[Fourteenth Amendment]].
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== References ==
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<references/>
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