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| Rasmus Haines prepares to take a snap as running back Brayton Feister looks on during the 137th Massillon vs. McKinley rivalry. (Photo: Chuck Cordes/Ohsfbmedia.com) |
COLUMBUS, Ohio — After the Feister brothers got the green light through an emergency injunction on October 16 that let them restore their eligibility to participate in football for Massillon High School through an appeal that was filed in the 5th District Court of Appeals on their behalf, after they were denied in the Stark County Common Pleas Court on October 9.
The Ohio High School Athletic Association has issued a response.
Proceedings have now moved to the highest court in the state, according to court documents, and the Ohio Attorney General's Office has also entered the litigation.
How Did We Get To The Ohio Supreme Court?
On October 23, the Ohio High School Athletic Association filed a motion [emergency stay and expedited alternative writ] with the Ohio Supreme Court to ask the court to stay the October 9 lower court ruling that made them ineligible for the remainder of the 2026 regular season and any postseason play in accordance with Bylaw 4-7-2 Exception 1.
In their motion submitted to the Ohio Supreme Court, the OHSAA contests the 5th District Court of Appeals' authority to issue the mandatory injunction that permitted the Feister brothers to return to competition. The OHSAA argues that the court lacked constitutional jurisdiction to render such a decision.
On October 26, in a filing to intervene in the OHSAA filing, the attorney for the Feister family requested that the court dismiss the filing before it rendered a decision, as they tried to get on the court's expedited schedule to present their pleading as to why they should be able to continue to remain eligible.
On the same day, the Ohio Attorney General's Office filed a motion with the Ohio Supreme Court to dismiss the Ohio High School Athletic Association's lawsuit on behalf of the judges of the 5th District Court of Appeals in a 17-page response.
The judges' motion argues that the OHSAA "called the wrong play" by filing an emergency writ of prohibition directly with the Supreme Court instead of pursuing a standard appeal and maintains that the 5th District acted within its legal discretion when it granted the preliminary injunction to allow them to play and is asking the highest court to dismiss the prohibition.
Now the Feister family has until 12 p.m. on October 30 to file a response and can not ask for extended time, according to the court entry that was filed on October 28.
What's Next?
With all the court filings, the Feisters remain eligible and are entering a bye week in the OHSAA playoffs with a game scheduled on November 6 against either Columbus St. Francis DeSales or Pataskala Watkins Memorial.
As For The Yeager Eligibility?
Gary Yeager, the transfer from Akron St. Vincent-St. Mary, awaits full approval from the OHSAA but is still eligible to play, as the Yeagers are residents of Massillon, but their prior home has not sold as of now and is still on the housing market, according to Plakas and Mannos law firm, which represents both families.
**Ohsfbmedia.com did not reach out for comment as some parties released their statements to the public**
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