Judge Dismisses Lawsuit Over Nassau Sports Cancellation

MASSAPEQUA, NY — A Nassau County Supreme Court judge has dismissed a lawsuit brought by the Massapequa School District over the cancellation of the fall sports season by the county's governing body of high school sports.

In August, Section VIII, the group that oversees the county's high school sports, announced that it was canceling the fall sports season and pushing it back to 2021. It faced immediate outcry from residents and local officials, and said it would reassess the decision. Section VIII upheld the decision on Sept. 18.

The Massapequa School District had filed a lawsuit in mid-September seeking to have the Section VIII ruling overturned. The district argued that the five-member board of Section VIII that made the decision to postpone the season overstepped its bounds in doing so.

But according to Newsday, Justice Jack L. Libert ruled that postponing the season was within Section VIII's authority, and that Massapequa circumvented the appeals process by filing the lawsuit.

"The Massapequa Board of Education is disappointed in the court’s ruling and continues to believe that the decision to effectively cancel the fall sports season for low contact sports like soccer, golf and tennis was a decision that could only be made by a majority of the 51 member districts that make up Section VIII Athletics," the board said in a statement to Patch. "Although the court agreed that the decision was outside the jurisdiction of the 5-member Superintendents’ Board, the court allowed 11 districts on the Athletics Council, at a meeting held after the lawsuit was filed, to take that same action. The Board of Education would consider an appeal if time allowed, but it does not. If the same small group of superintendents votes again to cancel or postpone sports in January, when the governor, the state Department of Health and NYSPHSAA all allow school sports, the Massapequa Board of Education will consider a renewed legal challenge in collaboration with parents, students and like-minded Nassau County school districts."

With the plan upheld in court, it means high school sports won't be played in Nassau until 2021. The modified seasons, according to Section VIII, will be:

Winter Sports Season: Jan. 4, 2021 - Feb. 26
B/G Basketball*, B Swim/Dive, B/G Bowling, Competitive Cheerleading*, Rifle, Wrestling*, Gymnastics, B/G Fencing, B/G Indoor Track
Fall Sports Season: March 1 - April 21
Football*, B/G Soccer, G Tennis, B/G Cross Country, B Badminton, B/G Volleyball*, Cheerleading*, Field Hockey, G Swim, B Golf
Spring Sports Season: April 22 - June 14
Season may be extended if Regent Exams are not scheduled
B/G Lacrosse*, Baseball, Softball, B Tennis, B/G Track and Field, G Badminton, G Golf, B Golf

The sports marked with an asterisk are deemed "high risk" by the state, and could still be canceled even if the rest of the season goes forward, Section VIII said.