MONTGOMERY — A Montgomery County Circuit Court judge has issued a temporary restraining order against the Alabama High School Athletic Association (AHSAA) rule on Creating Hope and Opportunity for Our Students’ Education Act (CHOOSE Act) student transfers.
Gov. Kay Ivey and House Speaker Nathaniel Ledbetter jointly filed a motion for a TRO today.
Circuit Judge J.R. Gaines issued the three-page TRO this afternoon.
The temporary restraining order specifically prohibits the AHSAA from “enforcing any rule or policy which makes the acceptance of CHOOSE Act funds the sole determinative factor of eligibility for participation in interscholastic athletic events,” a news release from the governor’s office said.
According to today’s court order, all other rules and policies of the AHSAA “remain in full force and effect.”
The AHSAA issued a statement expressing disappointment in the TRO.
“We are disappointed the Circuit Court has granted a temporary restraining order that prohibits the AHSAA from enforcing its rule regarding financial aid specifically related to the CHOOSE Act,” the organization said. “This temporary restraining order does not prohibit the AHSAA from enforcing all other eligibility rules including but not limited to the bona fide move rule and the overlapping school zone rule. All other AHSAA rules apply.
“The Court will set a hearing in approximately two weeks for a full evidentiary hearing on this issue.”
This action comes after the AHSAA issued a ruling requiring student-athletes who transfer to sit out for one year before competing in athletics when financial aid is involved.
The organization considers the CHOOSE Act — like the Accountability Act before it — a form of financial aid.
“Today’s order is a victory for common sense,” said Ivey. “Every child deserves true choice in their education and that includes their right to participate in school athletics. The court’s decision restores fairness to the process which is, of course, the very basis of the CHOOSE Act.
“I will continue standing up for our parents and students to ensure the law is followed and that every child in Alabama has a fair chance to succeed in the classroom and in athletics.”
After the AHSAA refused to reverse course, Ivey and Ledbetter (R-Rainsville) requested an injunction yesterday and were granted a temporary restraining order after a hearing held today in Montgomery County Circuit Court. The order blocks the AHSAA’s CHOOSE Act rule while the governor and speaker’s lawsuit proceeds in court.
“I am incredibly grateful that the court sided with Alabama’s student-athletes and restored their right to compete,” said Ledbetter. “The bottom line is that no person or entity’s opinion is greater than the rule of law. Every student deserves to have the opportunity to participate in athletics, and with this action, affected students can get off the sidelines and back into the game while we continue fighting to ensure a level playing field.”
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