Friday Jan 29 2010
Barry's attorney files for stay against CIF
By: Eric J. Gourley, Journal Sports Writer
Judge will make decision before Del Oro's next game Wednesday night
ROSEVILLE — An attorney for a Del Oro High transfer student filed paperwork in Placer County Superior Court Friday morning seeking to stay the California Interscholastic Federation’s denial of the senior’s basketball eligibility. Mark A. Campbell requested the administrative action, similar to a temporary restraining order, at the Bill Santucci Justice Center shortly before 10 a.m. If a stay is granted before Del Oro’s next game Wednesday night at Woodcreek, 6-foot-7 Remi Barry could finally suit up for the Golden Eagles. Lawyers representing the CIF and Sac-Joaquin Section filed an opposition to the stay, also seeking to change the venue to Sacramento County. Judge Charles D. Wachob had not contacted either party before the courthouse closed for the weekend. In a late fax to Campbell’s office, Wachob said he needed more time to properly review the documents. Since neither side officially requested an oral argument, the judge agreed to make a decision before Wednesday’s game, one of only six left in the regular season for Del Oro. “Justice takes time,” said Campbell, whose middle daughter, Madeline, is a star on Del Oro’s girls squad. “It’s an indication that the judge is working to be careful and do the right thing.” Campbell, CIF attorneys Cynthia M. Smith and James Scott Donald, section commissioner Pete Saco and assistant commissioner John Williams waited in the lobby for six hours but left with no word. In his introduction, Campbell argues that the denial of Barry’s eligibility “is based on the highly improbable notion, unsupported by any facts, that his choice to leave a high school basketball program in Florida, ranked 179 in the nation, to attend Del Oro High School, ranked 1,721, was due to improper ‘athletic motivation.’ The CIF chose this illogical conclusion rather than accept Remi’s uncontroverted testimony that he left Florida to escape racism and neglect.” In its opposition to the request for a stay, the CIF argues that the Placer County venue is improper based on the location of the Sac-Joaquin Section and state offices. It also argues that “injunctive relief is contrary to public policy and would place Del Oro High School and its other student participants at risk of forfeiture,” that a stay would “upset the competitive equity and result in harm,” and that Barry “cannot prevail on the merits of his writ for administrative mandamus because the CIF’s decision is supported by substantial evidence.” The CIF paperwork also asserts the stay should be denied on the basis that Barry “improperly seeks to disturb the status quo.” “Granting Plaintiff’s request for a stay would alter the status quo which would violate public policy in displacing other, eligible students from the basketball team and possibly subjecting Del Oro’s basketball team to sanctions should Plaintiff ultimately not prevail in his writ proceeding,” the opposition reads.