On February 19th, California Governor Gavin Newsom received high praise for lifting the ban on youth sports, and that news was highlighted here at OaklandNewsNow.com. However, the liberation was to youth sports played outdoors, and not indoors.
The new guidance released last Friday said all outdoor sports can resume in counties where COVID-19 case rates are at or below 14 people per 100,000.
Now, a San Mateo County high school volleyball player has filed a legal challenge last Saturday February 28th 2021, and to Gov. Gavin Newsom’s prohibition on indoor sports saying it denies equal protection because there is no medical evidence that competing in indoor team sports is safe for college and professional athletes but not high school athletes. This lawsuit emphasizes the disparate impact an indoor team sport ban has on women athletes.
“We are standing up for all girls who deserve the same rights as professional and college volleyball players who have been allowed to safely play during the pandemic,” said Stella Buch (pronounced: “book”), 14, a student at Menlo School. “It is unconstitutional and discriminatory of Gov. Newsom to shut out girls from sports.”
Volleyball is one of the most popular girls’ sports in California–with 60,000 plus players–so this legal challenge will have a big impact statewide, Buch added.
The temporary restraining order was filed Friday, Feb. 26, against the state by the law firm of Wingert Grebing Brubaker & Juskie in San Mateo County’s Redwood City Superior Court on behalf of Ms. Buch, her mother Heather Buch, and indoor sports. The firm just won a groundbreaking decision last week removing all restrictions on indoor and outdoor sports in San Diego.
“Right now in order for girls to keep playing volleyball they are having to skirt the rules by playing secretly or traveling out of state. We don’t want to break the rules, we want to fix the rules,” said Heather Buch, Stella’s mother and respected volleyball coach and former player. She said it is important that a decision comes quickly otherwise it will be another year before girls can play again.
“It is wrong and exclusionary for Gov. Newsom to allow pro and college volleyball/indoor sports, but discriminate against youth and high school sports,” Ms. Buch said. She pointed to significant evidence from multiple sports associations, experts and colleges that it is safe to play all indoor sports.
This past week the law firm Wingert Grebing Brubaker & Juskie won a temporary restraining order against Gov. Newsom’s action over the state’s limits on youth sports. The judge ruled all indoor and outdoor sports can be played immediately in San Diego County, including women’s volleyball, basketball, wrestling and other sports.
“We plan to spread this victory throughout California,” said Stephen C. Grebing of Wingert Grebing Brubaker & Juskie. He called the win “an important victory that goes above and beyond Governor Newsom’s announcement allowing only outdoor youth sports.” He said it will be difficult for Gov. Newsom to appeal because the state presented no medical evidence of COVID-19 dangers to youth–and in an appeal only the original facts can be disputed.
“In addition to San Mateo County, we are filing lawsuits in Santa Clara, San Francisco, Los Angeles, Orange, Santa Barbara, Riverside, San Bernardino, and other counties this week and next to ensure all youths, girls and boys, have the same right to play sports–indoor and outdoor–as professional athletes do,” Grebing added.
Let Them Play CA, a group of more than 60,000 kids, parents and coaches pushing for the reopening of sports in California, praised the statewide effort to allow girls and indoor sports.
“The San Diego victory paves the way for all sports for all kids in California,” said Brad Hensley, co-founder of Let Them Play CA. “We are thankful for the Governor’s decision Friday, but this new ruling overrides his tier system and will bring both indoor and outdoor sports to kids in San Mateo and throughout the state.”
The San Diego County victory means youths can immediately “participate in high school or youth sports as long as the follow the same or similar COVID-19 protocols imposed for competition in professional and/or collegiate sports within the County,” according to the TRO.
The judge agreed with the students’ arguments that “there is no medical evidence that competing in team sports is safe for college and/or professional athletes but not high school athletes.”
Judge Earl Maas III wrote in his San Diego decision “the persuasive evidence is provided by Dr. Gandhi, MD from Harvard, currently Professor of Medicine at UCSF, and her writings on immunology, AIDS and COVID. She states to a reasonable degree of medical certainty, the rate of virus transmission in high school sports is equal to or less than that observed in Major League Baseball and National Football League studies.”
The San Diego lawsuit was filed by students Nicholas Gardinera, a senior at Scripps Ranch High School, and Cameron Woolsey, a senior at Mission Hills High School, in San Diego. The suit said that 48 other states have allowed high school sports to resume and “plaintiffs know of no evidence that allowing high school sports has led to an increase in COVID-19 transmission or hospitalization in any of those states.”
“Governor Newsom favored professional sports and colleges and allowed them to play sports, but denied the same right to youths who have been irreparably harmed through his unequal application of the law,” Hensley said. “It’s important that California’s kids will now be treated with the same equality that was afforded to college and professional players. It’s only right.”
The latest news is that talks of a potential settlement have started.
Related Posts (YARPP)
Oakland News Now Recent Posts
- Nba Time For The 76ers To Trade Ben Simmons- By Eric Pangilinan
- Maria Ayerdi Kaplan: Salesforce Transit Center Should Have Her Statue In Front Of It, Marc Beinoff
- Dave Kaval Headed Back To Las Vegas, After The Howard Terminal City Of Oakland Alameda County Fiasco
- What Atlanta 1 Step From NBA Finals 1 Year After Donald Trump, Rayshard Brooks, The Pandemic, Means
- Atlanta Hawks Shock Philadelphia 76ers 103 – 96 – Off To 2021 Eastern Conference Finals
- Louis Riddick Says Raiders Issue Always Been Defense Not Derek Carr – By Eric Pangilinan
- Boxing Errol Spence Jr Belives He Is The big Dog- By Eric Pangilinan
- Gus Bradley Putting In New Defense System For The Raiders By – Eric Pangilinan
- Philippines Orders Biggest Doese Of Covid Vaccine
- Nba Western Conference Finals Devin Booker Shines By- Eric Pangilinan
- Deep Dish Pizza – Lou Malnati’s Pizzeria Classic Style At Uptown Plaza, Phoenix, 100 E Camelback Rd
- Gus Bradley Putting In New Defense System For The Raiders By- Eric Pangilinan
- 2021 Juneteenth Shooting At Oakland Lake Merritt Shows Some Black Kids Don’t Value Black Life – Our Fault
- Juneteenth Lake Merritt Shooting: Oakland City Council’s Nikki Fortunado Bas, Carroll Fife Statement
- Kumasi Aaron Of ABC 7 At Juneteenth Jubilee Oakland, Produced By Oakland City Council’s Loren Taylor
- Juneteenth Walk Down Broadway In Oakland Brings Back Memories For Instagram Poster
- 1 dead, others injured after shots fired at Lake Merritt
- Brooklyn Loses NBA Playoffs Game 7 To Milwalkee 115 – 111 Kevin Durant Reverts To Warriors Time
- NBA Super Teams Dont Win Right Away By- Eric Pangilinan
- Kevin Durant Is God Reaction – Hits Tie Shot To Send Game 7 Vs Bucks To Overtime