Steines et al v. Ohio High School Athletic Association

Filing 5

ORDER granting 2 Motion for TRO. Accordingly, the Court hereby TEMPORARILY ENJOINS Defendant Ohio High School Athletic Association from threatening or seeking to enforce Bylaw 4-6-3 against Steines, pending the Courts decision on a preliminary injunction in this case.. Signed by Chief Judge Susan J. Dlott. (wam1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
CHARLES STEINES, a Minor, by his Parents
and Natural Guardians, ANN MUNSON
STEINES and MICHAEL STEINES,

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Plaintiffs,
vs.
OHIO HIGH SCHOOL ATHLETIC
ASSOCIATION,
Defendant.

Case No. 1:14CV525
Chief Judge Susan J. Dlott

TEMPORARY RESTRAINING
ORDER

This matter comes before the Court on Plaintiffs’ Motion for a Temporary Restraining
Order. (Doc. 2.) This case involves Charles Steines, a minor who resides in Kentucky and who
was diagnosed with learning disabilities early in life. Upon his diagnosis, Steines’ parents
enrolled him in the Springer School and Center in Cincinnati, Ohio. The Springer School is one
of less than two dozen schools in the nation that offers an education exclusively for children with
learning disabilities from grade one through eight. Steines has attended school in Ohio since the
first grade, and he has been active in sports during that time. Steines’ parents maintain that the
ability to participate in sports has made a positive impact on his social skills, self-image,
behavior, attendance, and academic performance.
Plaintiff recently enrolled in high school and seeks to participate in his school’s athletic
program. However, he has been informed that his participation is prohibited under the Ohio
High School Athletic Association’s Bylaw 4-6-3 because he resides in Kentucky. The bylaw in
question generally prohibits out-of-state students from participation in Ohio athletic programs
and has no fewer than ten exceptions, none of which directly apply to Steines. Plaintiffs allege
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that the effect of the law is to deny students with disabilities who attend Springer the opportunity
to participate in or benefit from the privileges and advantages offered by the Ohio High School
Athletic Association to non-disabled students. Accordingly, Plaintiffs challenge the Athletic
Association’s bylaws on the basis that they have the effect of discriminating against a class of
individuals on the basis of disability, in violation of the Rehabilitation Act of 1973 and the
Americans with Disabilities Act.
Plaintiffs filed their Complaint (Doc. 1) and the Motion for a Temporary Restraining
Order, Preliminary and Permanent Injunction (Doc. 2) on June 25, 2014. The Court held a
telephonic status conference on June 25, 2014, and Defendant filed a memorandum in opposition
to Plaintiffs’ motion on June 27, 2014. The Court has scheduled a preliminary injunction
hearing for July 30, 2014. In the meantime, Plaintiffs request a temporary restraining order to
ensure that Steines is not prevented from participating in his school’s athletic program during the
short period prior to the Court’s decision on the motion for preliminary injunction.
The Court has reviewed the pleadings and attached exhibits and has weighed the four
factors that the Court must consider when deciding whether to grant preliminary injunctive relief
under Federal Rule of Civil Procedure 65.1 Based on the facts before the Court at this time, the
Court finds that Plaintiffs have demonstrated a strong likelihood of success on the merits on their
disability discrimination claims. The Court further finds that, given the importance of sports to
Steines’ social development and self-esteem, there is a strong likelihood that Steines will suffer
irreparable injury if he is excluded from participating in his high school’s athletic program
during the course of the summer. In contrast, the Court finds no risk that the issuance of

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The four factors are: (1) whether the movant has a strong likelihood of success on the merits; (2) whether the
movant would otherwise suffer irreparable injury; (3) whether issuance of preliminary injunctive relief would cause
substantial harm to others; and (4) whether the public interest would be served by issuance of preliminary injunctive
relief. See Leary v. Daeschner, 228 F.3d 729, 736 (6th Cir. 2000); see also Mason County Med. Ass’n v. Knebel,
563 F.2d 256, 261 (6th Cir. 1977).

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temporary injunctive relief would cause substantial harm to others. Finally, the Court finds that
such relief, to the extent it serves to prevent against discrimination on the basis of disability,
serves the public interest.
Accordingly, the Court hereby TEMPORARILY ENJOINS Defendant Ohio High
School Athletic Association from threatening or seeking to enforce Bylaw 4-6-3 against Steines,
pending the Court’s decision on a preliminary injunction in this case.
IT IS SO ORDERED.

S/Susan J. Dlott_________________
Chief Judge Susan J. Dlott
United States District Court

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