JACKSONVILLE, Ala. (WBMA) — Jacksonville High School coaches, two student-athletes and parents have filed a federal lawsuit challenging recruiting sanctions imposed by the Alabama High School Athletic Association, arguing the association’s recruiting rule violates constitutional protections and was unfairly applied.
The lawsuit, filed Wednesday in U.S. District Court for the Northern District of Alabama, names the AHSAA and Jacksonville City Schools Superintendent Dr. Michael Barber, in his official capacity, as defendants. Plaintiffs include Jacksonville football coach Jeremy Sullivan, volunteer coach Phileepae “Flip” Holloway, two student-athletes identified by their initials and several parents.
The legal challenge follows the AHSAA’s decision last week to sanction Jacksonville over recruiting violations. Sullivan and Holloway were suspended from coaching for one year, while the two student-athletes were ruled permanently ineligible to participate in athletics at Jacksonville, according to the lawsuit. Jacksonville’s football program also received restrictive sanctions.
The lawsuit does not dispute that communications occurred between the coaches, players and their families. Instead, the plaintiffs dispute whether those contacts amounted to recruiting and argue the AHSAA’s rules are so broad that ordinary conversations can result in severe penalties.
The AHSAA’s recruiting rule prohibits someone connected with a school from contacting a student or parent outside the school district to encourage a transfer for the primary purpose of participating in athletics. The lawsuit focuses on an additional note in the AHSAA handbook that prohibits any contact or communication with a student or family member enrolled at another school.
The plaintiffs contend that provision violates First Amendment protections for speech and association and is unconstitutionally vague. They also allege the additional language was adopted without going through the AHSAA’s normal rulemaking procedures.
According to the complaint, the AHSAA investigated phone calls involving Sullivan, Holloway and the families of the two players. The plaintiffs acknowledge those communications but contend they involved matters including school information, 7-on-7 football tournament logistics and longstanding personal relationships rather than efforts to recruit players to Jacksonville.
The complaint alleges AHSAA Executive Director Heath Harmon notified Jacksonville on Sept. 24 that recruiting violations had been found based on calls involving the coaches, players and their families.
The lawsuit contains nine counts, including alleged violations of the First, Fourth and Fourteenth amendments, an equal protection claim and state-law claims. Sullivan and Holloway also accuse the AHSAA of defamation for publicly stating that they violated its recruiting rules. The allegations have not been adjudicated, and the filing represents the plaintiffs’ account of the dispute.
The plaintiffs are asking for immediate court intervention. They want a temporary restraining order and preliminary injunction preventing the AHSAA from enforcing its sanctions while the lawsuit proceeds, including the players’ ineligibility, coaching suspensions, postseason restrictions and fines. They also want the court to prevent the AHSAA from using its restitution rule to penalize Jacksonville if the students are allowed to play under a court order.
The lawsuit ultimately asks the court to declare portions of the recruiting rule unconstitutional, overturn the sanctions and award compensatory damages and attorneys’ fees.
AHSAA seeks dismissal
The AHSAA responded Thursday by asking the federal court to dismiss the case, arguing the plaintiffs agreed that litigation involving AHSAA athletic participation must be brought in Montgomery County Circuit Court.
In a supplemental filing, AHSAA pointed to a participant consent form it says parents and student-athletes are required to sign before participating in sanctioned athletics. The form states that a lawsuit against the AHSAA seeking relief affecting a student’s or team’s participation “shall be filed in the Montgomery County, Alabama, Circuit Court.”
AHSAA attorneys acknowledged they had not yet obtained the actual forms signed by the plaintiffs because a hearing was scheduled less than 24 hours after the lawsuit was filed. A specimen of the form was attached to Thursday’s filing.
The association is asking the federal judge to dismiss the case and require the plaintiffs to pursue their claims in Montgomery County Circuit Court.
The case also underwent a judicial change Thursday morning. U.S. District Judge Corey L. Maze recused himself and ordered the case randomly reassigned to another district judge. The order did not state a reason for the recusal.
Court records included in AHSAA’s subsequent filing show the case assigned to U.S. District Judge Madeline H. Haikala.