ERIE – A group of Conneaut Area Senior High School students and their parents who filed an injunction to reverse an order reducing the number of student golfers permitted to compete in a state tournament due to concerns connected to the coronavirus pandemic, have lost their attempt at receiving such injunctive relief.
Jamie and Ron McKalip, Barbra and David Vaugh, Thomas and Diana Wolak and Kevin Hadley (on behalf of their children A.M., J.V., L.W. and J.H., respectively), Conneaut School District of Linesville and Slippery Rock Area School District of Slippery Rock initially filed a petition for a preliminary injunction in the Crawford County Court of Common Pleas on Sept. 30 versus the Pennsylvania Interscholastic Athletic Association Inc. of Mechanicsburg, PIAA District 10 Committee and Michael Ferry, of Sharon.
The case was removed to the U.S. District Court for the Western District of Pennsylvania the following day, Oct. 1.
“The plaintiffs in this case are four student athletes who seek admission to the D-10 golf tournament, their parents, and their respective school districts. A.M. and J.V. are high school seniors at Conneaut Area Senior High School. The Conneaut School District competes in Region 3 of the D-10 golf program. L.W. and J.H. are a senior and junior in high school, respectively, at Slippery Rock Area High School. The Slippery Rock Area School District competes in Region 2 of the D-10 golf program,” U.S. District Court for the Western District of Pennsylvania Judge Susan Paradise Baxter said.
“In recent years, D-10 allowed 8 players from Region 3 and 9 players from Region 2 to compete in the boys D-10 championship golf tournament. That was the case until Sept. 24, 2020, when the PIAA District-10 Committee enacted a rule reducing the number of eligible golfers, so that now only four golfers from Region 3 and five golfers from Region 2 can compete in the D-10 tournament on Oct. 2, 2020.”
The PIAA made the decision based upon a “methodical and careful chronology” of decision-making and operating within the mitigation guidelines of the COVID-19 pandemic, as handed down by Gov. Tom Wolf.
The plaintiffs filed for injunctive relief, seeking their eligibility for the tournament, and alleging the violation of their Fourteenth Amendment right to equal protection under the law, as well as a claim that the defendants’ actions violated District 10’s “guiding philosophy.”
“The Court held a hearing on the same date as the matter was removed. During the hearing, the Court accepted testimony from Jamie McKalip, Barbra Vaughn, Diana Wolak, and Kevin Hadley – all of whom are parents to the four student athletes named as plaintiffs herein,” Baxter said.
“Plaintiffs also offered testimony from Jarrin Sperry, the Superintendent of the Conneaut Area School District. From the defense, the Court heard testimony from Robert Lombardini, the PIAA’s Executive Director, and Peter Iacino, Chair of the PIAA District 10 Committee. Mr. Lombardini and Mr. Iacino also submitted affidavits for the Court’s consideration.”
Upon consideration of the relevant factors, Baxter denied the plaintiffs’ motion for an emergency injunction.
“No evidence has been presented that the PIAA’s decision to reduce the number of golfers eligible for the District 10 tournament was ill-conceived, random, haphazard or otherwise rushed. It was not based on whim or conjecture,” Baxter said.
“A decision is arbitrary and capricious when the decision-makers willfully disregard evidence or testimony which someone of reasonable intelligence ‘could not possibly have avoided in reaching’ their decision. The PIAA has a reasonable justification for its decision, to avoid the spread of COVID. And its actions in curtailing the number of students invited to the championship tournament is reasonably related to that goal. Thus, the plaintiffs are unlikely to succeed on the merits of their claim.”
Baxter said while their loss of eligibility for the tournament was no doubt “immensely disappointing”, it did not qualify as the type of harm deemed “irreparable” for purposes of obtaining the injunctive relief they sought.
“Although the Court is grieved for the students and all they have lost this year, especially the four fine golfers who were dealt this blow just a week ago, we all have to deal with the reality that nothing is the same as it was prior to this pandemic,” Baxter stated.
“The Court will and should always err on the side of safety, which was the basis for the ruling by the PIAA to lower the numbers of golfers in the tournament. It is not the Court’s job to decide the better course, but to ensure the one taken was not arbitrary and capricious, or for a wrongful purpose. Although the decision was a painful one for the plaintiffs, it was done with a rational basis and passes muster under the law.”
The plaintiffs are represented by Andrew M. Schmidt and George Joseph of Quinn Buseck Leemhuis Toohey & Kroto, in Erie.
The defendants are represented by Brian H. Simmons of Buchanan Ingersoll & Rooney in Philadelphia, plus Alan R. Boynton Jr. and Carol Steinour Young of McNees Wallace & Nurick, in Harrisburg
U.S. District Court for the Western District of Pennsylvania case 1:20-cv-00290
Crawford County Court of Common Pleas case AD 2020-473
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com