Harrison County judge grants injunction in Lincoln Middle School athletes suspension case

Update: 5/2/2024, 9:26 p.m.

CLARKSBURG, W.Va. (WBOY) — West Virginia Attorney General Patrick Morrisey has issued a statement following Thursday evening’s ruling that granted a preliminary injunction in a case regarding a group of Lincoln Middle School athletes who were barred from competition after they protested a circuit court ruling.

The statement is as follows:

I want to say to these students and their parents: I have your backs. You saw unfairness and you expressed your disappointment and sacrificed your personal performances in a sport that you love; exercised your constitutionally protected freedom of speech and expression.

These girls didn’t disrupt anything when they protested. They should be commended, not punished. We need to teach them that it is noble to stand firm in their beliefs and address their grievances within the protections guaranteed by our constitution.

They need not to be silent. They have won by having their voices heard.

So glad we were able to weigh in on behalf of these courageous young girls and that they are able to play.

West Virginia Attorney General Patrick Morrisey

Update: 5/2/2024, 7:45 p.m.

CLARKSBURG, W.Va. (WBOY) — 12 News has learned more information from a reporter in attendance at Thursday’s preliminary injunction hearing for Lincoln Middle School athletes who protested a circuit court ruling.

During the hearing, the two girls who testified said they knew nothing of the voluntary scratch rule, and that they and the other three athletes who protested were required to do “Indian Runs”—a footwork and endurance drill—at the next practice, something they claim was used as a punishment.

The statement below made by the Harrison County Board of Education Thursday evening denied any retaliation against the students. It also said the students were subject to a team rule—referencing the voluntary scratch rule—despite it not existing in the athletic handbook, nor in any form of writing.

Head track coach at Lincoln Middle School Dawn Riestenberg testified that the unwritten voluntary scratch rule had been in place for four years and that it had been applied both in past meets and recent ones. She said that on April 27, two athletes who missed their events for reasons unrelated to the case were subject to the rule.

Riestenberg also asserted that despite knowledge of a possible protest, the five athletes in the case were rostered for the shot put competition at the April 18 meet. It was also mentioned that earlier in the season, some members of the girl’s track team wore shirts that said “SWS” standing for “Save Women’s Sports.” Students who wore these shirts were not asked to remove them, were not non-rostered for any events and were not reprimanded in any way.

Lincoln Middle School principal Lori Scott corroborated Reistenberg’s testimony.

Update: 5/2/2024, 6:58 p.m .

CLARKSBURG, W.Va. (WBOY) — The Harrison County Board of Education has released a statement following Thursday’s court ruling to grant a preliminary injunction in the case of Lincoln Middle School athletes who were barred from competing after protesting a circuit court ruling.

The full statement can be found below:

The Harrison County Board of Education strongly denies any form of retaliation against the Lincoln Middle School students who voluntarily chose to scratch from an event at the Harrison County Middle School Championship Track Meet. The students were permitted to engage in their selected form of protest without issue. In fact, the coaches and principal were aware of the likelihood of the protests and permitted the students to remain on the roster for their
events.

Those students, like all of the other students on the team, however, were subject to a team rule that any player who scratches in an event cannot participate in that event at the next track meet. This neutral, school-specific rule was in place before the students’ protests and has nothing to do with those protests in any way. Other than not being permitted to participate in the same event in which they scratched at the next track meet, the students have competed
in track meets and events following their protests without restriction.

To be clear, no students have been retaliated against or penalized for expressing their views at the Harrison County Middle School Championship Track Meet.

Harrison County Schools

Update: 5/2/2024, 6:42 p.m.

CLARKSBURG, W.Va. (WBOY) — Following a lengthy hearing Thursday, Harrison County Judge Thomas Bedell has granted a preliminary injunction in the case regarding a group of Lincoln Middle School athletes who were barred from competing after protesting a circuit court ruling that blocked the Save Women’s Sports Act in West Virginia.

“Even though there was no malice found on either part of the defendants, the plaintiffs have met their burden and the temporary injunction has been granted,” Judge Thomas Bedell said.

With Thursday’s ruling, the students cannot be punished for any acts related to the demonstration of free speech at the next two track meets. The decision on a final injunction will be held at a later date.

Original: 5/2/2024, 5:38 p.m.

CLARKSBURG, W.Va. (WBOY) — A hearing for a preliminary injunction is underway for a group of Lincoln Middle School track athletes who were barred from competing by the school after protesting a ruling in the Fourth Circuit Court of Appeals that blocked West Virginia’s Save Women’s Sports Act .

The five athletes forfeited a shot put competition during a meet on April 18. The school said that it enforced an undocumented rule that automatically prevents any student who voluntarily scratches an event from competing in that event during the next meet, preventing the five girls from competing in a meet on April 27.

Parents of four of the athletes filed a complaint against the Harrison County Board of Education in the Harrison County Circuit Court on April 26 , requesting injunctive relief and claiming that the girls’ First Amendment right to free speech was violated.

Because that April 27 meet has already passed, if granted, the preliminary injunction would prevent the school from enforcing the scratch rule at future meets where the students protest this season.

During the injunction hearing which started at 3 p.m. on Thursday, May 2, two of the athletes and one of their parents testified that they were not aware of the rule when they chose to forfeit on April 18. However, the coach testified that the athletes were told about the rule at the beginning of the season, although not in writing. Two running athletes who missed their events during the same meet for different reasons were also not allowed to compete in the next meet, the defense said.

The parents’ lawsuit also claims that the students were suspended from competing after they spoke at a press conference on April 24 with public figures about the protest, including Attorney General Patrick Morrisey and women’s sports advocate Riley Gaines . According to the lawsuit, the suspension happened after the press conference, but the school district claimed during Thursday’s hearing that texts alerting the student’s parents about the suspension were timestamped from before the press conference.

The school board also claims that the injunction is moot because there are only two meets left on the Lincoln Middle School track schedule for the year, and during the next one—the Doddridge County Middle School Invitational on May 4— the transgender athlete from Bridgeport whose participation sparked the Lincoln students’ protest will not be competing.

As of 5:30 p.m., Judge Thomas Bedell is still hearing arguments.

Stick with 12 News for updates.

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