Five Orange County high school athletes involved in indoor sports have joined the legal challenge of California’s guidelines for youth sports amid the coronavirus pandemic.
Two volleyball players, a basketball player, a wrestler and one cheerleader jointly filed for a temporary restraining order, with the the support of their parents/guardians, in Orange County Superior Court on Monday, March 1. They seek an immediate return to competition under the same guidelines used by college or professional sports, San Diego-based attorney Ian Friedman said.
Three of the athletes in the suit are from El Modena High while the other two are from Foothill and Canyon, respectively.
The lawsuit, similar to ones filed by the same attorneys recently in San Diego and San Mateo counties, takes aim at Gov. Gavin Newsom, the California Department of Public Health (CDPH) and the home county of the student-athletes. Dr. Clayton Chau, director of the Orange County Health Care Agency, also is named in the suit, which is supported by the grassroots advocacy group Let Them Play CA.
The suit argues under the equal protection clause of the 14th amendment that high school students have not been treated fairly because collegiate and professional athletes in California have been allowed to compete indoors while high school athletes are prohibited from playing indoors unless a county reaches the most restrictive tier, yellow (minimal risk), in the state’s COVID-19 monitoring list. The yellow tier includes a daily new case requirement of less than 1 per 100,000 residents.
The lawsuit notes that the Anaheim Ducks and college basketball programs at Cal State Fullerton and UC Irvine have been permitted to compete indoors in Orange County.
“I’m hoping (the lawsuit) gets the kids back playing indoors,” said Brad Graham, the father of a basketball player and golfer from Canyon High who is part of the suit. “If it’s safe for the college kids to play, it’s safe for us.”
Rodger Butler, spokesperson for the California Health and Human Services Agency, which includes the CDPH, maintained the state’s stance when asked to comment Monday. The state, he has stated, is assessing its legal options and focused on protecting residents.
The state, citing improved health conditions and concern for the mental health of youth, recently updated its guidelines to allow competition for outdoor, high-contact sports such as football, water polo, soccer and lacrosse in counties with adjusted daily case rates of 14 or less. In football and water polo, athletes and coaches are required to complete weekly coronavirus testing if the rates are between and 7 and 14.
Newsom said the state will cover the cost of testing.
A main difference between the state and the college guidelines are the testing requirement for high-risk, contact sports.
Last month, a judge in San Diego granted a similar temporary restraining order for two high school football players, nixing the state’s current guidelines in San Diego County.
CIF San Diego Section commissioner Joe Heinz believes some schools in his section are working on returning to play under the guidelines of the temporary restraining order, but there are questions about the cost and restrictiveness of those requirements. Friedman said a hearing for a preliminary injunction in the case is scheduled for Friday, March 5.
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