Attorneys are arguing over whether or not the court should reconsider hearing a case involving the eligibility of a Goose Creek High School player.
Attorneys have said that the student, Justice Rogers, hopes to be declared eligible to play basketball for Goose Creek. On Monday, a motion was filed in federal court by attorneys for the South Carolina High School League, who twice ruled that Rogers is ineligible because he's in his fifth year of high school, which disqualified the 13-0 Gators from the football playoffs.
The motion asks the court not to hear a request on behalf of Justice's attorney's, which was filed Nov. 21. Attorneys sought an emergency injunction declaring Rogers eligible to play under the Rehabilitation Act of 1973, which prevents public agencies from discriminating against people with disabilities.
A federal judge didn't even hear the complaint then, declining to issue the injunction because Rogers' attorney, Jason Moss, failed to have papers served to the High School League.
On Nov. 23, Rogers' attorney asked the court for a second chance by filing a request asking the court to reconsider hearing their case. Earlier this week the High School League responded to that request and argued because they failed to serve them with papers, it should be denied, according court documents.
The League's attorneys also argued that the request itself for an injunction should also be denied because at the hearing the Rogers' attorneys did not present any evidence that the implementation of the eight-semester rule was put into place in order to ban students with learning disabilities from playing.
The High School League's attorneys have asked for a response by Dec. 13.
Reach Natalie Caula at 937-5594 or Twitter.com/ncaula.
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