Wood County Circuit Court hears two motions on wrestling tournament
PARKERSBURG — Two motions for injunctions and temporary restraining orders filed in connection with the West Virginia High School Wrestling Tournament were heard over the past two days in Wood County Circuit Court.
The first motion was brought by the Wood County Board of Education by Superintendent of Schools John Flint on behalf of Parkersburg High School and Parkersburg South High School against the West Virginia Secondary School Activities Commission and Bernie Dolan in his capacity as executive director of the WVSSAC.
A second motion was brought by Michiel Carman, as natural parent of Anthony M.Carman, a minor and Anthony M. Carman, individually, against the WVSSAC. Anthony Carman, a sophomore at John Marshall High School, is seeking an injunction to have his weight class tournament, 138 pounds, continued as three other weight classes have been over a skin condition.
According to the first injunction motion, officials were informed on Feb. 22 and 23 that wrestlers who had qualified were to be disqualified for actions outside of their doing or control. According to the suit, one of the other schools in the regional tournament had wrestlers in the 145-, 152- and 170-pound classes infected with and had confirmed diagnosis of HSV1, or herpes simplex virus type 1, a skin infection, a common infection caused by personal contact during wrestling. HSV1 can cause lesions on the head, neck and shoulders.
“The wrestlers that have been deemed disqualified and disallowed to compete have had no signs of infection, much less have they been given the opportunity to have themselves tested in order to confirm or deny infection,” the motion stated.
In the Wood County motion, there was a request for either the WVSSAC decision be overturned or allow the tournament to proceed without the affected classes or have the tournament at a later time.
On Thursday WVSSAC Executive Director Bernie Dolan said he will meet with tournament director Bill Archer to determine when those weight classes will be rescheduled. Officials say the outbreak occurred at last week’s Region IV Championships at Parkersburg South High School.
Later Thursday Wood County Circuit Court Judge Jason Wharton ruled the court could not overturn the WVSSAC decision.
In denying the motion Wharton said the circuit court could not overturn a WVSSAC decision due to the authority granted to the commission by state law.
“While the court may not agree with the action by the WVSSAC, given that their petition for injunction asks the court to effectively reverse the decision of the WVSSAC in the application of its rules with regard to each of the options proposed by the plaintiffs, the court must find, following the holding in WVSSAC v. Webster that decision properly within the purview of the legislative grant of the authority to the WVSSAC under West Virginia Code 18-2-25,” Wharton stated. “The application of the WVSSAC rules and that the review of calls or rulings made by game officials are not subject to judicial review, the court has no basis for injecting itself into this matter.”
Arguments on the second injunction were heard by Wharton, but as of 5 p.m. Friday no order had been sent to the office of the Wood County Circuit Court Clerk.
In the second injunction, Michiel Carman, the parent of a disqualified wrestler, Anthony M.Carman, from John Marshall High School, was asking the court to order the WVSSAC to continue the 138-pound class as well.
In their motion the Carmans said the commission declared Anthony ineligible to participate in the 2017 tournament due to a skin condition despite him have a National Federation of State High School Association (NFHS) Medical Release Form for the wrestler to participate with a skin lesion from a medical professional releasing him to wrestle and detailing his treatment of the skin condition.
Dolan said wrestlers in class AAA 145, 152 and 170 pound classes are being delayed due to a breakout of a skin condition and WVSSAC is waiting for the incubation period.
“The WVSSAC ruling continuing these three weight classes due to a condition and not continuing Carman’s weight class due to a skin condition violated the petitioners equal protection and due process rights under the U.S. and West Virginia constitutions,” the motion stated. “Succinctly stated, the petitioner should be treated the same as other wrestlers in a similar position. If three weight classes are being continued until after March 8, the petitioners weight class (138 pounds) should be also.”
They said no administrative appeal exists and Carman will suffer irreparable harm if a temporary restraining order is not granted as the 2017 tournament opens.
They also stated the restraining order should be granted since Carman “has a strong likelihood of success on the merits as the petitioner has been disparately treated without a rational basis in law of fact.”
It was also stated the harm to Carman is great and immediate while the harm to the WVSSAC is minimal, if at all.
“There is no harm if they continue a fourth class for the same issue,” the motion stated. “Finally the public interest is in favor of competition and treating all participants under the same set of rules.”
They also stated they were not challenging the WVSSAC but only asking for the same treatment. They also stated the only relief available to Carman is a temporary restraining order due to the fact the tournament began Saturday.