Motion denied: Goose Creek injunction tossed because of paperwork error
CHARLESTON, S.C. (WCIV) - A federal judge denied a Goose Creek High School student's motion to stop a football playoff game and hear his argument that he was discriminated against by the South Carolina High School League because of his learning disability.
The request for a preliminary injunction was denied because the plaintiff's attorney failed to serve the SCHSL, a fact the judge said was not fair to the league. The case could continue if attorneys serve the SCHSL.
The game between Bluffton and Northwestern in the state 4A semifinals will move ahead as planned.
However, it could all be for naught if the paperwork is properly filed in the future by Justice Rodgers' attorneys. That filing could come as early as next week.
"They obviously had notice of it. We immediately let them know what was going on. We notified the council and that was not satisfactory for the judge and they have the right to make that decision," said Jason Moss, attorney for Rogers.
Moss described Rodgers as being "very, very upset" at the outcome of Wednesday's hearing, but added that the legal team will go back to work on the case. The final decision on the matter could come after Rodgers graduates, they said.
Attorney Jason Moss said he was hopeful they could get Rodgers' eligibility reinstated for the basketball season.
State Representatives Larry Grooms and State Senator Paul Campbell were also in court. They say a bill has been pre-filed to revoke the high school league charter.
"We will have hearings from that, we will find out what the high school league would rather do, to try to correct the problem, then to have their charter revoked," said Grooms.