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Another day, another failed lawsuit

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Illinois

Judge Paul Fullerton denied the request for a temporary restraining order against the IHSA in a ruling Thursday afternoon in the DuPage County Circuit Court in Wheaton.

Fullerton heard arguments from attorney Jeff Widman, representing three parents as plaintiffs in the case, and from IHSA attorney David Bressler.

At the center of the plaintiffs’ argument was that the IHSA acted against its own constitution and by-laws by changing the sports seasons for the 2020-21 school year without a membership vote. Because of the COVID-19 pandemic, the IHSA adjusted its seasons to four instead of three, delaying three fall sports (football, volleyball and boys soccer) until February through May because they are considered higher risk to the coronavirus.

* News-Gazette…

The legal standard for a temporary restraining order, in part, requires proof that “irreparable harm will occur without the injunction,” according to the motion. Judge Paul Fullerton said during a Zoom hearing, after listening to statements from lawyers on both sides, that irreparable harm had not been proven.

“I just don’t see it,” Fullerton said.

Fullerton also said he feels IHSA officials operated within their boundaries by establishing Return To Play guidelines in response to the COVID-19 pandemic without allowing them to be voted upon by IHSA member schools.

“We are in a pandemic,” said Fullerton, calling the situation an “extraordinary” circumstance. “What the IHSA did was within their authority under the bylaws and constitution.”

* Sun-Times…

“[The IHSA] can’t simply issue guidelines without giving its members a voice,” argued Jeff Widman, the parents’ attorney.

IHSA attorney David Bressler said the change was made quickly to comply with Illinois Gov. J.B. Pritzker’s orders and the goal was to give all sports a chance to play this school year in spite of Pritzker’s orders.

Bressler argued that the IHSA can make significant changes to its bylaws without a member vote in circumstances that are beyond control.

“What is more beyond the control than a pandemic?” Bressler said. […]

Fullerton asked Widman if the parents planned to proceed with the lawsuit. Widman said he wasn’t sure and Fullerton allowed him to delay the decision until Monday.

posted by Rich Miller
Thursday, Oct 1, 20 @ 4:30 pm

Comments

Fullerton asked Widman if the parents planned to proceed with the lawsuit. Widman said he wasn’t sure and Fullerton allowed him to delay the decision until Monday.

“Counselor, do your marks have any more money?”

“I don’t know, your honor.”

– MrJM

Comment by @misterjayem Thursday, Oct 1, 20 @ 4:58 pm
@MJM - too funny, being Dupage I bet they do.

That said another court case in favor of aiding on the side of “its a pandemic”. All sports are going to be played just at different times, you can’t say timing is a reason for a lawsuit. Football is going to be played just later.

Comment by Frank talks Thursday, Oct 1, 20 @ 5:16 pm
Too much money and too little common sense

Comment by DuPage Saint Thursday, Oct 1, 20 @ 5:20 pm
Let’s see, Clay County vs. every other State and Federal court in Illinois, seems to be a trend there.

Comment by West Side the Best Side Thursday, Oct 1, 20 @ 5:20 pm
@MrJM - you are truly the best

Comment by Moe Berg Thursday, Oct 1, 20 @ 5:21 pm
Welp. You can’t fight the IHSA or a global pandemic

The rest is an attorney… and billable hours

Comment by Oswego Willy Thursday, Oct 1, 20 @ 5:23 pm
Rich- I think you need to create another topic category called ‘It’s just a lawsuit’

Comment by Bothanspy Friday, Oct 2, 20 @ 7:54 am
“You can’t fight the IHSA”
Isn’t there a song about that?

“I fought the IHSA but the law won, I fought the IHSA but the law won.”

Comment by Skeptic Friday, Oct 2, 20 @ 7:58 am
The “Let Us Play” crowd appear to be descended from Roman citizens who felt their lives were incomplete unless they were entertained by gladiators killing each others.

Comment by VerySmallRocks Friday, Oct 2, 20 @ 10:28 am
Well, that de-escalated quickly. Parents this dumb shouldn’t be allowed to have children.

Comment by thisjustinagain Friday, Oct 2, 20 @ 10:53 am