Judge Thomas Bedell issued a temporary injunction in the free speech case regarding four of the five West Virginia girls barred from competition because they refused to compete against a male in a track-and-field meet.
“Even though there was no malice found on either part of the defendants, the plaintiffs have met their burden and the temporary injunction has been granted,” stated Bedell.
Four of the five girls sued the Harrison County Board of Education through their parents for violating their free speech, which is protected under the First Amendment.
The girls silently and respectfully refused to compete in the shot put event against a male named Becky Pepper-Jackson:
The minor student athletes’ protests were silent. They each stepped into the shot put circle, raised the shot put to their chins, and then stepped out of the shot put circle and handed the shot put to the official.The minor student athletes’ individual protests lasted approximately 10 seconds each and did not disrupt the track meet in any way.
The minor student athletes’ protest did not affect any other competitors.
Pepper-Jackson won the event by three feet.
Bedell said, “If I’m going to make a mistake,” he’d rather err on the side of free speech.
He also made it clear the case is not about males playing in female sports. It’s only about free speech.
Two of the four girls testified in front of Bedell. They said they did not know the “scratch rule,” which bars students from competing if they voluntarily scratch themselves from an event.
Track coach Dawn Riestenberg and Principal Lori Scott claimed athletes are told about the “scratch rule,” which has existed for four years. They also said they apply it across the board, including to two members at the same meet who missed their events.
However, no one has ever put the scratch rule in writing. No athletes ever receive a form or document with it in writing. It’s not in the school or athletic handbook. It is known as an “unwritten rule.”
(Man, the main thing I’ve learned in law school is PUT EVERYTHING IN WRITING!)
The plaintiffs argued an injunction would be “moot” because the school only has two more track meets. They also added that Pepper-Jackson is not competing at the May 4 meet.
CLICK HERE FOR FULL VERSION OF THIS STORY