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Equal protection argument leads to resumption of outdoor youth sports in California

SOUTHERN CALIFORNIA RECORD

Sunday, November 24, 2024

Equal protection argument leads to resumption of outdoor youth sports in California

Lawsuits
Grebing

Attorney, Stephen Grebing | https://wingertlaw.com/our-attorneys/stephen-c-grebing/

Indoor youth sports can now resume in California following the test enforcement for children over the age of 13 who plan to engage in the activities. 

The particularities of the settlement were disclosed by Ian Friedman and Stephen Grebing, the attorneys who represented the students in their lawsuit demanding the resumption of youth sports in San Diego County on behalf of two high school athletes.

“All high school sports can resume in California,” Marlon Gardinera, head football coach at Scripps Ranch High School in San Diego and the father of one of the students, said. “Kids can get back to doing what they love.”

Testing requirements will depend on the sport, with indoor sports such as basketball, wrestling and martial arts requiring testing until case counts decrease to 1 per 100,000 in the area, while outdoor sports like gymnastics, bowling and swimming must require testing until a county averages between 1 and 3.9 new cases per 100,000 people. The terms of the settlement allow youth sports to resume using testing measures in counties where there are 14 or fewer reported cases of COVID-19 per 100,000 residents. Most counties have met the requirements thus far, with the state averaging 10.2 new infection cases per 100,000 people. Counties who violate the terms could face legal penalties. 

“Plaintiffs are very pleased we could reach a settlement with the State that allowed for all sports to open now and be played safely – not just locally but throughout the entire state,” Grebing said.

According to the California Department of Health, its guidance “has been updated to authorize any youth or adult recreational sports team, including indoor sports, to begin practice with contact and competition at any time if they adhere to the specific requirements applicable to college sports under the COVID-19 Industry Guidance for Institutions of Higher Education.”

The department assured to announce the new guidance updates once they’ve been posted. The most recent update is the inclusion of anyone who would like to participate in the sport, youth or adult “as long as they follow same or similar testing guidelines that have been imposed on college and professional athletes,” Friedman said. 

COVID-19 testing results must be submitted within 48 hours of event dates. Performers must abide by specific sports regulations highlighted by the COVID-19 Industry Guidance for Institutions of Higher Education. 

“The entire purpose behind plaintiffs’ lawsuit against the State and the assertion of claims for Equal Protection was intended to force the State to allow them, and all youth and high school athletes, to play sports under the same guidelines imposed by the State for college athletes for the playing of the same sorts," Grebing said.

Dr. Tomás J. Aragón, CDPH director and state public health officer, said their top priority is supporting youth sports to safely return to play guided by science.

"Our previous guidance accomplished this by allowing competition in sports with lower risk of transmission to begin sooner if conducted outdoors, which is lower risk than indoors," Aragón said.

Though state officials haven’t yet released a statement regarding the settlement, California Health and Human Services Agency Secretary Dr. Mark Ghaly assured the state would advise a sense of direction soon. Updates will be made available by the California Health and Human Services Agency.

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