On Friday, Gov. Kay Ivey and House Speaker Nathaniel Ledbetter (R-Rainsville) jointly filed a motion for a temporary restraining order against the Alabama High School Athletic Association (AHSAA) in Montgomery County Circuit Court.
The motion comes after the AHSAA issued a ruling requiring student-athletes who transfer to sit out for one year before competing in athletics solely because the student participates in the state's new Creating Hope and Opportunity for Our Students' Education Act (CHOOSE Act).
In requesting the order, Ivey and Ledbetter noted the CHOOSE Act contained "clear language protecting CHOOSE Act participating students' eligibility for AHSAA-sanctioned athletic events." They urged the court to allow the temporary restraining order to allow the student athletes to "participate in interscholastic athletic events."
"To ensure true school choice in this sports-friendly State, the CHOOSE Act contains clear language protecting CHOOSE Act participating students' eligibility for AHSAA-sanctioned athletic events," the motion states in part. "Yet despite this clear language, the AHSAA has told CHOOSE Act students that they must sit out for an entire year—all because they receive funds under the CHOOSE Act. The AHSAA's stance is unlawful, and it imposes on CHOOSE Act students, and the State itself, immediate and irreparable harm for which there is no adequate remedy. The Court should therefore issue a TRO and allow these students to participate in interscholastic athletic events as required by state law."
Ivey said on Thursday, "We wrote and passed the CHOOSE Act to give every child a true choice in their education, and that very much includes participation in athletics. I remain in strong opposition to the Alabama High School Athletic Association's decision to sideline CHOOSE Act participants from competing in school sports and am committed to seeing all Alabama students have a fair chance on the playing field. Speaker Ledbetter and I have jointly filed a lawsuit to reverse this wrong."
"For the AHSAA's leadership to take such drastic action just as football season begins tells me they are not concerned with the best interests of all student-athletes. While I fully expect members of the House and Senate will take a hard look at how the AHSAA operates in the upcoming session, this situation demands action today. My hope is the court will side with our student-athletes and not allow this organization to wrongfully take away their opportunity to compete," Ledbetter said on Thursday.
Read the full filing below.
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