Governor Kay Ivey joined House Speaker Nathaniel Ledbetter (R-Rainsville) in filing an amended complaint and a preliminary-injunction motion on Friday to continue fighting against the AHSAA's policy denying eligibility to CHOOSE Act students.
In addition, the new court filings challenge the AHSAA's so-called "Restitution Rules," which threaten students and schools with penalties for ineligible participation—even if they play pursuant to the September 5 temporary restraining order against the policy if that court order is, for some reason, later reversed or vacated.
A Montgomery County Circuit Court Judge granted a temporary restraining order on September 5 against the AHSAA on the issue recently, allowing affected CHOOSE Act students to participate in sports while the lawsuit proceeds.
"It was bad enough when the AHSAA decided to sideline CHOOSE Act student-athletes in violation of state law," Ivey said. "It is even worse to learn that the AHSAA will penalize schools and students for playing pursuant to the court order Speaker Ledbetter and I obtained just two weeks ago. I remain steadfast in support of the CHOOSE Act and its promise of true school choice, even when it comes to participation in athletics. I look forward to the court righting this wrong as soon as possible."
The Montgomery County Circuit Court is expected to hold a hearing on the preliminary-injunction motion within the next few weeks.
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