Lawsuit Seeking To Ban Connecticut Transgender Athletes Dismissed

CONNECTICUT — A federal lawsuit filed last year on behalf of four teenage girls who claimed the allowance of transgender girls to compete in high school track and field events denied them opportunities for scholarships and awards was dismissed Sunday by U.S. District Judge Robert N. Chatigny.

The suit was filed in February 2020 on behalf of Selina Soule, then a senior at Glastonbury High School; Chelsea Mitchell, then a senior at Canton High School; and Alanna Smith, then a sophomore at Danbury High School. After the filing, Ashley Nicoletti, then a sophomore at Immaculate High School in Danbury, was added to the list of plaintiffs.

The defendants were the Connecticut Association of Schools-Connecticut Interscholastic Athletic Conference (CAS-CIAC), and the boards of education of public school districts in Bloomfield, Cromwell, Glastonbury, Canton and Danbury.

At issue was the participation of transgender girls Terry Miller of Bloomfield High School and Andraya Yearwood of Cromwell High School in girls track and field. The allowance of the pair to compete was in alignment with the CAS-CIAC policy, based on a state law which allows student-athletes to compete in high school sports according to their gender identity.

The situation first attracted a bit of attention at the 2017 State Open outdoor track championships, when Yearwood, then a freshman, placed third and eighth in the 100- and 200-meter dashes, respectively. Mitchell finished eighth and 14th in those events. The following spring, Miller, then at Bulkeley High School, took first place in the State Open 100-meter, followed by Yearwood in second, Mitchell fourth and Soule sixth. Miller also won the 200-meter, with Yearwood seventh and Mitchell 10th.

In 2019, the indoor State Open 55-meter dash was won by Miller, who has transferred to Bloomfield, followed by Yearwood and Mitchell; Soule was a distant eighth. Miller was also victorious in the 300-meter.

Outdoors that spring, Miller was the top preliminary qualifier in the 100-meter, but was disqualified for a false start in the finals, giving Mitchell the championship. Smith, a freshman at the time, placed third, Yearwood was fourth and Soule was 14th. Miller did repeat as champion in the 20-meter, with Smith third and Mitchell fourth. Smith also captured the 400-meter title.

Shortly after the suit was filed, the spring 2020 season was canceled due to the coronavirus pandemic. Miller, Yearwood, Soule and Mitchell graduated in June, a factor which weighed heavily in Chatigny's decision to dismiss the case.

In his 27-page decision, Chatigny wrote, "I conclude that the plaintiffs’ challenge to the CIAC policy is not justiciable at this time and their claims for monetary relief are barred and dismiss the action on this basis without addressing the other grounds raised in the joint motion."

Prior to filing the suit, the mothers of Soule, Mitchell and Smith filed a complaint with the U.S. Department of Education’s Office of Civil Rights, which investigated the complaint but took no action to prevent Yearwood and Miller from competing in the 2020 spring track season. The plaintiffs subsequently filed the lawsuit, which was later amended to add Nicoletti.

The plaintiffs' requests were:

• A declaration that Defendants have violated Title IX by failing to provide competitive opportunities that effectively accommodate the abilities of girls;
• A declaration that Defendants have violated Title IX by failing to provide equal treatment, benefits, and opportunities for girls in athletic competition;
• An injunction prohibiting all Defendants, in interscholastic competitions sponsored, organized, or participated in by the Defendants or any of them, from permitting males –- individuals with an XY genotype -- from participating in events that are designated for girls, women, or females;
• An injunction requiring all Defendants to correct any and all records, public and non-public, to remove male athletes from any record or recognition purporting to record times, victories, or qualifications for elite competitions designated for girls or women, and conversely to correctly give credit and/or titles to female athletes who would have received such credit and/or titles but for the participation of males in such competition;
• An injunction requiring all Defendants to correct any and all records, public or non-public, to remove times achieved by male athletes from any records purporting to record times achieved by girls or women;
• An award of nominal and compensatory damages and other monetary relief as permitted by law;
• An award of Plaintiffs’ reasonable attorneys’ fees and expenses, as authorized by 42 U.S.C. § 1988.

In ruling to dismiss the case, Chatigny noted the plaintiffs did not indicate whether any transgender athletes were likely to compete against Smith or Nicoletti this season. He added, "If it turns out that a transgender student does register to compete in girls’ track next season, Smith and Nicoletti will be able to file a new action under Title IX along with a motion for a preliminary injunction."

The CAS-CIAC office, based in Cheshire, released this statement late Monday afternoon:

"The CIAC is pleased with the U.S. District Court’s decision to dismiss the lawsuit brought by four Connecticut families challenging the CIAC’s inclusive athletic participation policy. The district court’s decision recognized that the CIAC policy reflects the federal guidance in place at the time it was adopted, and that there is no basis for a claim for damages against public schools who participate in CIAC sponsored athletics.

"The CIAC has maintained throughout this lawsuit that its inclusive participation policy aligns with both federal and state law, and it was prepared to defend this lawsuit on the merits had there been any basis for it to continue. The CIAC continues to welcome and support inclusive education-based athletic participation, including by transgender students, in accordance with its mission to promote meaningful participation in high school sports activities for all student-athletes."

The complete decision may be viewed here.

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