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DuPage County judge denies temporary restraining order against IHSA

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DuPage County judge denies temporary restraining order against IHSA

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A DuPage County circuit judge on Thursday afternoon ruled in favor of the IHSA in the matter of a request for a temporary restraining order against the organization, made in response to its Return To Play guidelines.

The temporary restraining order was filed by David Ruggles, Chris Warden and Kelly Ridges, all parents of at least one Illinois high school student-athlete, and asked that “the Court enjoin the IHSA from implementing or otherwise enforcing the Return To Play & Contact Day Guidelines,” according to an emergency motion submitted on behalf of the plaintiffs.

That trio also has filed a lawsuit against the IHSA that still is active. The lawsuit “respectfully ask(s) the Court to rule that the Return To Play & Contact Day Guidelines are invalid — and therefore void,” according to a verified complaint filed on behalf of the plaintiffs.

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.”

Jeffrey L. Widman, a lawyer for the plaintiffs, centered his statement Thursday around the idea that IHSA member schools should be allowed to vote on Return To Play rules. Among the issues at play with this lawsuit are some traditional fall sports — football, volleyball and boys’ soccer among them — being shifted to a springtime schedule.

David Bressler, a lawyer representing the IHSA, said the association established Return To Play guidelines to give kids the chance to participate in delayed sports at a different time while also abiding by Gov. J.B. Pritzker’s own rules on athletics.

IHSA executive director Craig Anderson issued a statement shortly after Fullerton’s ruling, saying “our defense was not a rebuttal against expanding the participation opportunities for high school athletes in Illinois.”

“Had the temporary restraining order been granted, it would not have been a victory for IHSA student-athletes,” Anderson said. “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.”

Anderson went on to say “this lawsuit shines a light on the need for more data and transparency from IDPH (Illinois Department of Public Health) and state leadership on what benchmarks need to be accomplished in order for the IHSA to conduct further state offerings.”

Widman in his statement actually read sections of the letter sent from Anderson to Pritzker and Deputy Gov. Jesse Ruiz last month — a letter requesting the IHSA regain control of decisions pertaining to it Return To Play guidelines.

Among the passages Widman read from Anderson’s letter were “we are facing a critical time for students in this age group and their development” and “students desperately need the outlets and benefits” associated with prep sports.

Colin Likas is the preps coordinator at The News-Gazette. He can be reached at clikas@news-gazette.com, or on Twitter at @clikasNG.

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