Judge to NIAA: Game must go on
Friday, Nov. 21, 2003 | 10:45 a.m.
Another day, another defeat for the Nevada Interscholastic Activities Association in its legal battle with Cheyenne High School.
A day after threatening to delay the prep football playoffs until after its scheduled Tuesday court hearing on the Cheyenne suspension situation, the NIAA received word Thursday from District Judge Jackie Glass that such a move would violate the temporary restraining order she issued last week.
Violating the restraining order would be viewed as contempt of court. That meant this weekend's region title games would proceed as planned, with Cheyenne visiting Palo Verde on Saturday afternoon with a berth in the 4A State Tournament at stake.
Ross Goodman, attorney for the family of Cheyenne tailback David Peeples, was surprised by the NIAA's talk of delaying the game in the first place.
"All this crybaby stuff is starting to reek of desperation," Goodman said.
The NIAA filed a motion Thursday asking Glass to reconsider her ruling that overturned the one-game team suspension and playoff forfeit imposed by the state governing board on Cheyenne's football team for its role in a Nov. 7 post-game brawl with Bishop Gorman.
Glass set a hearing for Tuesday at 11 a.m., three days after Cheyenne could potentially be eliminated from the playoffs. In a Thursday statement, the NIAA said it wanted the hearing before Saturday "so as to prevent additional harm or game uncertainty being inflicted on innocent student-athletes."
Even if the Desert Shields lose, the NIAA is vowing to continue its court fight. NIAA director Dr. Jerry Hughes said Wednesday that he fears allowing any legal precedent undermining his organization's rules to stand. If Cheyenne wins and the NIAA is successful, the Desert Shields could still be eliminated from the playoffs off the field.
Goodman plans to use Tuesday's hearing to continue questioning the application and the validity of the NIAA's rules.
"This case, for me, is about making them accountable," Goodman said. "I still don't know who Jerry Hughes has to answer to."
If unsuccessful in District Court, the NIAA may appeal Glass's ruling to the Nevada Supreme Court by filing an emergency writ.
The statement went on to say that the NIAA and Clark County School District will not comment on the case until Tuesday's hearing.
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