A Kanawha Circuit judge ruled against a high school quarterback’s challenge to the state’s coronavirus tracking map that designates whether schools are open or closed.
Judge Joanna Tabit said there is no constitutional right to extracurricular activities, no certainty that the high school senior would be harmed long-term — and that ruling otherwise would unduly hamper the governor’s emergency response.
“We’re seeing people becoming ill. We’re seeing people die every day,” Tabit said at the conclusion of a hearing this morning. “We all love football. I love football. But we need to do what we can to protect ourselves and one another.”
This was one of several challenges to Gov. Jim Justice’s coronavirus map that uses a color system to designate whether classrooms and open or games are played.
Another brought by a Kanawha parent who contended the map is applied unevenly was thrown out late last month by Kanawha Circuit Judge Tod Kaufman.
The West Virginia Education Association filed an injunction this Monday, saying the map has been manipulated over and over with the intent of getting schools open and games played.
The outside counsel for the Justice administration, attorney Ben Bailey, made reference to those various challenges today — saying the success of any one of them in court could upend state government’s strategies for controlling the virus.
“All these cases are pending in front of different courts at different times,” Bailey said. “Any action by any court in any of those cases will disrupt and upset the plans the governor and the DHHR and the public health officials have put in place to try to keep us on track and keep our numbers down and keep West Virginia in the relatively admirable position it is vis-a-vis covid-19.”
The lawsuit heard today was brought on behalf of R.T. Alexander, who transferred from a high school in Georgia to George Washington last year, throwing for 2,428 yards and 30 touchdowns. The Patriots finished an 8-4 season with the Class AAA quarterfinals.
Now a senior, Alexander says he is missing out on a short and irreplaceable window.
Bailey countered that there is no guarantee what Alexander’s college prospects would be. He contended that makes it impossible to demonstrate how Alexander has been harmed long-term.
“I can find no cases that say something that complicates your ability to be recruited for college football amounts to a concrete injury,” Bailey said. “It’s speculative. It’s uncertain.”
Because Kanawha was either red or orange on a state map until this week, the county’s athletic programs have had no games so far. Kanawha went gold on the map this weekend, which means George Washington will finally kick off against Riverside on Wednesday.
But a lawyer for Alexander said the map could just as easily reverse and cancel more games this season.
Lawyer David Fenwick contended Alexander has lost playing time and chances at college scholarships because West Virginia’s map depicting coronavirus spread has almost no other effect except determining whether schools should be open.
“Mr. Alexander is not an ordinary player. He is, in fact, being harmed greatly,” Fenwick said, contending the map affects students disproportionately.
“I know the governor has a very tough job. He’s making decisions as best he can. He has seen positions from various sides that sometimes conflict. But he has to follow the law.”
George Washington High School football Coach Steve Edwards testified that college coaches ask whether Alexander is demonstrating improvement on the playing field. Edwards’ response that he has the size and skills to play in college.
But the coach said football is also an avenue to other roles in life.
“I’ve probably coached a lot of lawyers, a lot of doctors, all facts of life. This is a way to get there,” Edwards said.
Alexander went on the witness stand to testify about his situation.
“I’d like to attend college somewhere. I’d like to get into business and take my football career as far as I can take it,” he said, adding that he has no current game film to show recruiters.
He also expressed worry about missing the remainder of his senior season.
“It wouldn’t be a very good memory. I’ve lost a lot of games, and that’s why I keep my memories with my fellow teammates – they’re like my brothers to me,” Alexander said.
Even as she ruled against him in the case, Tabit praised Alexander for being willing to have his day in court.
“You are a very impressive young man and a very gifted and talented young man. I wish you much success in the future,” the judge said to the senior.
Tabit also said, “I appreciate you Mr. Alexander, teeing up an issue like this that is important.”