Published: Saturday, October 7, 2006
Stay allows athlete to play
An appeals court stopped a ruling that would ban an athlete from the field.
SALEM — The lawyer for Richard J. Johnson commented that almost everyone has a position on a football player's case.
So do judges.
Atty. Christopher Baronzzi represents Johnson, who is known as "J.J." and is a captain of Salem High School's football team.
On Thursday, Judge David Tobin of Columbiana County Common Pleas Court said Johnson could not play.
On Friday afternoon, however, Judges Cheryl L. Waite and Gene Donofrio of the 7th District Court of Appeals stayed Judge Tobin's ruling. That allowed Johnson to play Friday night in Salem's Homecoming game against Campbell Memorial High School. Salem's last three games will be on the road.
The appellate court will hear more on the case at 11 a.m. Thursday.
Judge Tobin originally issued a temporary restraining order that allowed Johnson to play last weekend.
Exemption revoked
Johnson had sat out one game after the Ohio High School Athletic Association revoked its 2005 exemption that allowed the 19-year-old to play this year. Johnson plays offense, defense and on special teams.
The OHSAA bans most 19-year-olds from playing. Johnson got an exemption because he has a learning disability and was held back in the second grade.
But after hearing testimony Monday, Judge Tobin sided with the OHSAA, saying the exemption was designed for students with disabilities who were not star athletes and probably were not going to play.
Some of Johnson's success "has to be due to his being over 19 years of age," the judge wrote.
The exception "is not designed to allow an extra year of eligibility to someone who is otherwise a good athlete with ability to participate and contribute to a team," the judge said in his opinion.
Johnson, the judge wrote, "is seeking something now that he is not entitled to."
Contentious issues
Judge Tobin's ruling also covered some of the issues in the public debate since the case was filed.
Salem athletic officials, after looking at the OHSAA's handbook and Web site, asked for the exemption.
"No where on the Web site was [Salem] required to indicate any of the plaintiff's athletic abilities, awards or current standings on the football team," the judge wrote. He added that there was nothing to indicate that anyone attempted to fool the OHSAA.
Still, the organization has the authority to make decisions, such as revoking the exemption, the judge added.
The OHSAA had looked at Johnson's application, done some research, and approved it. The judge said the organization could have investigated more, or before, granting the exception.
The football player claims in the lawsuit that he will be irreparably harmed if he is not allowed to play. The judge noted that Johnson has been preparing since last year for this season, and that he would miss the enjoyment of playing his last game.
"All of these things are undoubtedly true. These will be irreparable harms," the judge wrote.
But any victory by Salem could affect points awarded other teams, and Johnson's playing time takes away time from other players, the judge said.
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from vindyJOBS.com
