YOUNGSTOWN, Ohio (WKBN) — An amended complaint and a second request asking Mahoning County Common Pleas Court to issue a temporary restraining order against the Ohio High School Athletic Association (OHSAA) that would allow students to play football for other schools has been denied once again.
The case involves the cancellation of Ursuline High School’s football season following allegations of hazing and Title IX violations. Some players have transferred to other schools and want to continue the season.
Magistrate Nicole Butler wrote in her decision filed Monday that the new complaint and request were filed due to a change in relevant facts; however, she said that the facts “largely” remain the same as the court’s initial ruling in September that denied the restraining order.
Some players have applied to the OHSAA for an exception, which was the path suggested in the first ruling denying the restraining order, but none have been granted and some have officially been denied. Also, with time of the essence for the season, deciding exceptions and filing appeals would likely be fruitless.
“Practically speaking, the court acknowledges that is true. That is why this court previously found that the plaintiffs would be irreparably harmed absent the court granting a temporary restraining order. The same remains true at this juncture. This court, however, must also balance the other three factors — whether there is a substantial likelihood that the plaintiff will prevail on merits; whether third parties will be unjustifiably harmed if the injunction is granted; and whether the public interest will be served by the injunction,” Butler wrote.
It’s a unique situation, Butler wrote, but the rules still apply. Butler referred to a precedent that was set in a similar case where an entire football season was canceled at Canton McKinley due to allegations of stealing two football players from another high school. In that case, the penalty was suspension of the entire season. A restraining order was granted in that case, but it was overturned by the Ohio Supreme Court, which noted that all member schools agreed to conform to and abide by the constitution and rules of the association (OHSAA).
“It is well established that courts will not interfere with the internal affairs of voluntary associations, except in cases of fraud or lack of jurisdiction….” Butler wrote in referencing past precedents in similar cases.
The updated complaint and restraining order request was filed last week in response to a positive outcome involving the same type of case in Trumbull County Common Pleas Court, where a judge granted the restraining order.
Attorneys for three students who transferred from Ursuline High School to play for Girard High School argued that they were not among those alleged to have been part of the misconduct that caused Ursuline High School to cancel the rest of its football season, and only transferred after the decision to cancel the season had been made.
Judge Rice ruled that OHSAA’s bylaws do not directly address the situation that the plaintiffs are facing and wrote that it was “an extremely unfortunate situation that was outside of Plaintiffs’ control.”
The ruling keeps OHSAA from prohibiting the students from participating in the remainder of the 2025 season, and a hearing for preliminary injunction is set for Oct. 15.
Chelsea Simeon, Kristen Hephner and Gerry Riccuitti contributed to this report.
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