A group of high school athletes in California filed a lawsuit Monday against Gov. Gavin Newsom to lift the Democrat’s ban on indoor sports amid the coronavirus pandemic.
Students from Orange County expressed frustration that college sports in the area were permitted to engage in indoor activities, while their events are frequently canceled. The athletes, represented by the law firm Wingert Grebing Brubaker & Juskie, LLP, filed suit in the Superior Court of California following Newsom’s decision Feb. 21 to lift bans only on outdoor sports in about half of the state’s counties where case rates are reportedly at levels lower than 14 infections per 100,000 residents.
“The State of California and County of Orange declarations, orders, rules and/or regulations arbitrarily prohibit playing indoor high school and youth sports while at the same time allowing some of these sports (or sports with increased contact) to be played by professional and/or college sports teams in the County and throughout the state in similarly situated counties,” the lawsuit, which was obtained by the Washington Examiner, read.
Lawyers for the group said, “There is no rational or reasonable basis to prohibit playing indoor high school and/or youth sports” if the athletes are following similar protocols as their professional and collegiate counterparts who are permitted to take the field. The litigation cited data that 48 states have lifted prohibitions on sports, and only California and Hawaii have maintained bans.
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“I’ve been watching college volleyball for a while now, and it’s frustrating seeing them play cause we’re not able to,” Elodie Danet, a plaintiff and a sophomore girls’ volleyball player at El Modena High School, said. “We’re not able to play the season and have the experience needed for college.”
Caleb Graham, a basketball player and junior at Canyon High School who is named in the suit, said it’s “annoying” that his hard work during the pandemic has resulted in rampant cancellations of sporting events. His father, Brad, echoed his grievances.
“They can’t say that it’s OK for college to play and not OK for the high school kids to play,” he said. “The time to move forward is now, there’s not a huge risk to these kids, especially if we follow the same protocols that colleges and pros follow.”
The law firm representing the athletes secured a temporary restraining order on Feb. 21 against San Diego County, which effectively prohibited the area from enforcing youth sports bans.
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“While there are obvious differences in size and age, the Court focuses on the similarities of the risks of the game (related to COVID) and the risks to the community,” superior court Judge Earl Maas, who rendered the decision, wrote at the time. “Youth being similarly situated, or even less likely to contract COVID, the analysis turns to whether there was a rational basis to distinguish between professional, college and youth sports. This Court finds … that there is not. The Game is the same, the risk of spread is similar, the youth are already practicing, and with School closures or limitations on attendance, youth are isolated.”
Newsom’s office did not immediately respond to a request for comment from the Washington Examiner.
