A federal judge has denied the request for an emergency injunction involving the Goose Creek High School football team's disqualification from the playoffs because proper papers were not served to all parties.
A 2 p.m. court hearing was held Wednesday afternoon after a lawsuit was filed requesting an emergency injunction that would allow the player to be reinstated for the Nov. 23 scheduled playoff game the Gators have been disqualified from. The lawsuit argued the player, 18-year-old Justice Roemello Rogers, should be allowed to play under the Rehabilitation Act of 1973 due to a learning disability.
Judge Weston Houck said papers were not served to the SCHSL today, so the lawsuit could not be filed. Therefore, he would not hear the case.
Goose Creek was initially disqualified from the playoffs and ordered to have its record forfeited on November 13 after the school notified the SCHSL an ineligible player was on the team.
Reedy and Rogers would not comment while leaving the courthouse Wednesday afternoon.
Rogers' lawyer, Jason Moss of Moss & Associates in Columbia, says the student's case is still alive and he will continue to work on it.
The lawsuit states the Rehabilitation Act of 1973 exists to ensure that "no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of services, programs, or activities of a public entity, or be subjected to discrimination by any such activity."
Moss said the SCHSL's ruling eliminated the participation of student athletes considered fifth-year seniors "regardless of disabilities."
Moss argued the league's policies have evolved in a manner "that disregards a practical, subjective view to student-athletes with disabilities." Furthermore, the lawsuit alleged the SCHSL "appeared to narrowly constrict high school eligibility rules with disregard to federally mandated rules created by Congress relating to student athletes with disabilities.
The past two weeks have been a rollercoaster ride for the Goose Creek Gators.
The disqualification was previously put on hold November 16 by a circuit judge, allowing the team to play in last Friday's playoff game and to once again argue their case for the player's eligibility in front of the SCHSL. The team defeated Bluffton 35-25.
On Monday, November 19, the SCHSL maintained their ruling that Rogers was ineligible, again disqualifying the Gators.
Friday, May 24 2013 7:57 PM EDT2013-05-24 23:57:32 GMT
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