The state Supreme Court has quickly decided that AAA prep soccer teams can compete in the state championship this weekend.
Members of the court, in a filing this morning, ordered a lower court order to be vacated.
Teams were already taking the pitch this morning in Beckley, just a few minutes after the order came down.
AAA boys’ soccer teams being introduced. pic.twitter.com/cbM3SFduUV
— WVSSAC (@wvssac) November 6, 2020
The situation and tight timeline arose Thursday when a Berkeley Circuit judge issued a temporary restraining order to stop the state AAA high school boys and girls soccer tournament set for this weekend in Beckley over allegations of a COVID-19 testing disparity.
Judge Steven Redding had agreed that Martinsburg High School soccer player Emily Beck and other high school soccer players in Berkeley County were being denied equal protection under the law by the West Virginia Secondary Schools Activities Commission use of the state Department of Education COVID-19 map.
Beck and her parents, attorneys Barry and Kelly Beck, argued Wednesday the Berkeley County teams were shut out of postseason play by default because of their orange status on the state’s school metric map.
Berkeley County sports teams were halted since the postseason started for cross country, soccer and volleyball on Oct. 19 because of orange status map. Teams in orange counties can practice but cannot participate in games or tournaments.
After the judge’s ruling, lawyers for the Secondary Schools Activities Commission filed a petition with the state Supreme Court to try to overturn it. Lawyers for the Becks had until this morning to file their own response with the court.
The SSAC was represented by Beckley attorney Bill Wooton, a former legislator who just won election to the Supreme Court last spring. He has not yet been sworn in to his 12-year term as a justice.
Lawyers for the Attorney General’s Office, representing Governor Justice, also filed a brief with the court. And lawyers for counties with teams that would have been affected by a postponed tournament also filed motions to intervene.
Justices filed an order that was sent to reporters at 9:20 a.m. today.
The order didn’t go into a lot of discussion but instead got straight to the point.
“It is ORDERED that the temporary restraining order against the WVSSAC entered on November 5, 2020 in the Circuit Court of Berkeley County, No. CC-02-2020-P-337, shall be and it hereby is vacated.
“It is finally ordered that the motions for expedited consideration are refused as moot. Disposition in this matter is final and proceedings before this Court have concluded.”
The first Class AAA game in Beckley, between the George Washington and Jefferson boys, was supposed to start at 9 a.m. today but was slightly delayed because of the court activity.
The other Class AAA boys semifinal is Cabell Midland and University, originally set for noon.
The girls semifinals were Parkersburg South against Jefferson at 4 p.m. and Wheeling Park against George Washington at 7 p.m.
The championships are set for Saturday, boys at 10 a.m. and girls at 1:30 p.m.
Similar situations seem certain to arise next week when the state football playoffs start.
Martinsburg & Tug Valley among the many football teams running out of time:https://t.co/SN2hd6gfh2 #wvprepfb pic.twitter.com/EVEd6NwOk5
— MetroNews HS Sports (@MetroNewsPrep) November 5, 2020