A federal court has sided with the North Canton City School District and has denied a request from a freshman track athlete and his family that the boy be reinstated to the pole vault program.
The ruling by U.S. Judge Sara Lioi means Max Stokey will not participate in pole vault with Hoover High School in this week's district tournament competition.
"We knew it was a long shot going into this," said Stokey's father, Mike. "We tried all we could."
The Stokeys sought a temporary restraining order compelling Hoover to allow Max to compete in the pole vault. He had been dismissed from that program — but remained on the team in other events — after the family challenged the pole vault coach's decisions, including practices in rainy conditions.
"... the School District retained the discretion to dismiss M.S. from the pole vaulting team for failing to abide by the coaches' rules," Lioi wrote. "The Court agrees with the School District and sustains the [school district's] objection."
Lioi continued: "To be sure, [father Mike] Stokey has the right to speak out against any practices or policies that he views as dangerous (and to restrict his son from participating in activities he perceives as dangerous), but the coaching staff also has the right to set polices and rules for competition and to discipline those who refuse to follow the rules."
On the issue of whether the Stokeys' First Amendment rights were violated, in that the district retaliated against Max because the family spoke out against the coach's decisions regarding what the family considered unsafe conditions for participation, Lioi wrote: "While the Court cannot anticipate how the record will develop following discovery, there does not appear to be a substantial likelihood that Stokey will be able to demonstrate that the School District retaliated against him, or his son, because Stokey advocated for a change in the pole vaulting policy.
"Stokey cannot direct his son to violate the policy and then claim First Amendment retaliation when he complains about that action. If this were the case, then every insubordinate action by a student could be shielded by a parent's subsequent complaints about the policy that formed the basis for the discipline for the insubordinate act."
Lioi said that the Stokeys did not prove any of the four conditions needed for her to grant immediate injunctive relief.
"My whole point in doing this was my kid's safety," said Mike Stokey, who wanted Hoover to implement a rule in which pole vaulters would not be compelled to practice in the rain. "I'm not into suing schools and trying to get my way. … When a coach has the full right to decide to something or not, and he has a kid do something that's not safe, that's concerning to a parent.
"What's our fail-safe when the coach makes a wrong decision? How do we protect kids and save them from liability? You want to be able to go to the administration with your concerns and get the policy changed."
Stokey, a middle school pole vault champion, ranks fifth in Stark County in the event with a leap of 12 feet, 6 inches despite not competing in the event for several weeks.
"Max has a bright future," Mike Stokey said. "He has three years (of high school competition) ahead of him. There will be good things down the road for Max. In the pole vault world, you'll hear from him again."
For more details and reaction to the decision, return to CantonRep.com.