'Let Them Play' California Lawsuit Fights For Youth Sports

DANA POINT, CA — In a simmering battle about to boil over, a lawsuit filed Thursday by California high school students challenges the state's ban on competitive sports during the pandemic. The students, joined by at least one legislator, are urging Gov. Gavin Newsom to reopen competitive play for student-athletes.

California State Rep. Laurie Davies and a bevy of state legislators penned an open letter to Newsom expressing her concerns about the mental health of young people who can't turn to sports to help them through the pandemic. Davies wrote that she is worried about "losing an entire generation of students," a concern expressed by OC Supervisor Lisa Bartlett and the Let Them Play coalition that has no plans to back down.

This week, two San Diego-area high school athletes filed a lawsuit against the state and county over coronavirus restrictions on high school sports. The suit states that millions of student-athletes across California remain barred from participating in athletic activities without adequate medical evidence to support the restrictions.

The complaint filed on behalf of Nicholas Gardinera, a senior at Scripps Ranch High School, and Cameron Woolsey, a senior at Mission Hills High School, alleges that 47 other states have allowed high school sports to resume and that the "plaintiffs know of no evidence that allowing high school sports has led to an increase in COVID-19 transmission or hospitalization in any of those 47 states."

Since the pandemic began in March, student-athletes have gotten the short end of the stick. While professional athletes have returned to play within "bubbles" or with tightened coronavirus rules and regulations, the youth athletes are still barred from playing games. At the same time, parents of Los Alamitos High School athletes, standing in the rain Friday at a rally in support of their students, said they feel politicians are dragging their feet instead of decision-making. According to Davies' letter, children aged 12-17-years-old are feeling the most stress from the pandemic. Few have outlets to relieve that stress, making it the hardest on the children. Their mental health is as in jeopardy as their physical well being, according to Davies' letter.

"It's our students and players," Davies explained to Patch. "We are running the risk of losing an entire generation because, for many of them, sports is the only motivating factor for them to come in and try hard in school."

Without sports as a motivating factor, students are "disappearing from classrooms or dropping out," Davies said. She has fielded comments, letters, and pleas from parents, coaches, and teachers.

In the case of the San Diego lawsuit, the high school athletes profess that professional and collegiate sports teams are allowed to play if they follow certain protocols such as social distancing, mask-wearing, and contact tracing. In contrast, no such permissions exist for high school teams. That suit references the San Diego Padres, which took part in the 2020 Major League Baseball season and playoffs, sans fans in attendance, and the New York Yankees, Tampa Bay Rays, and Houston Astros, who all played postseason baseball at an empty Petco Park.

Similarly, among college teams, the suit mentions the San Diego State Aztecs and University of San Diego Toreros' men's and women's basketball seasons currently underway.

"If a sport is safe for college students to play when following certain protocols, it is no less safe where high school student-athletes to follow these same protocols," the lawsuit states.

The absence of athletic activities during the pandemic has contributed to a rise in dropout rates, failing grades, depression, gang activity, and suicidal thoughts, contend advocates for rescinding the ban on competitive sports.

Rep. Davies agrees. (Read the full letter below)

While sports provide scholarship opportunities for the underprivileged, avenues for students to go to college who may otherwise not have the means to attain higher education, their mental health is in the utmost of jeopardy, she said. The lack of college scholarships and lack of a mental outlet may be detrimental to the futures of these high school student-athletes, she added.

"The pandemic has already taken so much from our students, we can't let it take the opportunity away" for their futures, she says.

While parents have set up weekend rallies at area high schools and taken to social media to make their pleas heard, Davies is going straight to the governor's office with her plan.

"Our next step is to work with the Governor and his team on getting a thorough plan in place to open up sports when it is safe to do so," she says. "We've seen what happens when no plan is in place on important issues."

Though Davies has not yet had a direct conversation with the governor's office, that is the next step.

"Our proposal is different in that we are not asking for anything new from the Governor," Davies says. "We are simply trying to expand what is already in his guidance."

Sports should open up as soon as a county can under health guidelines.

"We should not be lumped together with regional counties who cannot," she said. Davies hopes that our Public Health Director is given the discretion to make those choices using the latest science and data.

Davies described the pandemic as summed up by a local coach:

" 'All of us are going through the same storm, but not in the same boat.'"

What is your take on the Let Them Play movement? Please tell us your thoughts, or tell us about your student-athlete in the comments.