Lawsuit against IHSA will be dropped following judge's ruling
A DuPage County judge on Thursday afternoon denied a request for a temporary restraining order against the Illinois High School Association that would have been the first step toward forcing the IHSA to allow more fall sports to be played.
Judge Paul Fullerton said the COVID-19 pandemic that forced the IHSA to move contact fall sports such as football, girls volleyball and boys soccer to the spring was reason enough for the IHSA to act.
Lead plaintiff Dave Ruggles, a Wheaton Warrenville South parent, said he is calling off a companion lawsuit to the TRO request.
“I think the issue and the reason we sought the temporary restraining order is the next strategy for (Gov. J.B.) Pritzker and the boys would be to just delay things and whatever and then by the time you won the thing the senior year of these kids is already gone,” Ruggles said, adding that other states are playing contact sports without seeing considerable spread of the coronavirus. “ ... We're going to have the consequences of having an entire high school class essentially just getting thrown under the bus.”
The IHSA has allowed those contact sports to practice 20 days this fall. Coaches are allowed only to teach “the skills and techniques of each sport” during those practices. Contact between athletes is not allowed.
“Clearly we're in extraordinary circumstances,” Fullerton said in explaining his ruling, noting the IHSA has followed the recommendations of its Sports Medicine Advisory Committee.
The IHSA has allowed noncontact sports boys and girls golf, boys and girls cross country, girls tennis and girls swimming to go forward this fall, their normal season.
Ruggles' attorney, Jeff Widman, argued that the IHSA had ignored its own rules by not seeking a vote of its membership to change seasons. He also said moving certain sports to the spring was causing irreparable harm to the student athletes, including hurting athletes' ability to improve their chances of college admission and getting college athletic scholarships.
“I'm angry because the people who are supposed to be advocating for the kids have failed catastrophically, and that's just the only way to put it,” said Ruggles, who is considering moving to another state so his senior son can play basketball this winter. “I've got options. Many don't, and for those who don't I literally weep for them.”
The lawsuit does not seek monetary damages, only that those seasons be allowed to go forward this fall.
“We are seeking to enforce the (IHSA's) rules,” Widman said.
Widman noted it's possible the pandemic will still be reason to keep contact sports from being played in the spring.
“There's a pretty significant risk that nothing is going to change between now and February,” Widman said.
IHSA attorney David Bressler said no IHSA member school had challenged the Return to Play and Contact Day Guidelines and demanded a referendum, adding the reaction from schools “has been very positive.”
The plaintiffs' argument is with Gov. J.B. Pritzker and his executive action restricting contact sports because of the pandemic, Bressler said.
IHSA executive director Craig Anderson said in a statement: “ ... had the temporary restraining order been granted, it would not have been a victory for IHSA student-athletes. Traditional IHSA fall sports like football, soccer, and girls volleyball would have remained on the sideline, along with all sports deemed medium or high risk, based upon the Youth Sports Guidelines set forth in state government's All Sports Policy.”
The hearing drew 300 viewers on Zoom.