Remember when Massillon football stars Brayton and Brydon Feister were ruled eligible for the rest of the season?
Well, hold those cheers or boos.
The Ohio Supreme Court is about to weigh in.
On Oct. 23, the eve of the Massillon-McKinley game, the Ohio High School Athletic Association filed a complaint in the state's highest court.
The writ of prohibition, and a request for an emergency stay, is a legal action against the 5th District Court of Appeals.
OHSAA attorney Joseph Fraley has effectively asked the high court to do this:
- Issue a stay on the appeals court's Oct. 16 ruling, which declared the Feister brothers eligible, and
- Prohibit the appeals court from taking further action on the still pending matter there, unless it's to dismiss the case.
A stay would mean the Feisters are ineligible, again, as a visiting Stark County Common Pleas judge had ruled on Oct. 9.
It's unclear how soon the Supreme Court will rule.
Feisters' legal battle with OHSAA began in September
The association has 815 member public and private schools.
"The OHSAA is a representative organization" Fraley told the Canton Repository. "The response by the membership was significant."
Chief Justice Sharon Kennedy gave the appeals court until 4 p.m. on Oct. 26 to file its response, with no time extension available.
The ongoing legal saga began on Sept. 25. Families of six Tiger players, including the Feisters, took on the OHSAA over their athletic eligibility, following their moves into the school district this year.
OHSAA policy states all such transfers are eligible only for the first half of the season, unless they qualify for one of an array of exceptions. All six had sought the bona fide residence change exception.
Visiting Judge Andrew Logan sided with the OHSAA's decision on the Feisters. He agreed the family had moved from Green to Massillon only so they could transfer from Akron Archbishop Hoban to escape discipline there.
The desire to transfer prompted the move, not the other way around, which disqualified them from a bona fide residence change exception.
Feisters separated from others in rulings
One player was cleared by the OHSAA along the way. Logan ruled the other three could keep playing until the OHSAA made a final ruling on their eligibility, and they are afforded an opportunity for administrative appeal.
The appeals court order, limited to the Feisters, was penned by Judges William B. Hoffman, Andrew J. King and Kevin W. Popham.
At the time, Lee Plakas, attorney for all six student-athletes, said their decision respects American ideals and constitutional rights.
"We have the right to make decisions in private for our family without someone second-guessing our reasons," he'd told the Repository.
The 6-foot-3, 240-pound Brayton Feister is a senior running back and linebacker. An all-state football player at Hoban, he also was a state runner-up in wrestling as a sophomore. He's verbally committed to play football at Oregon University.
Brydon Feister is a 6-4, 240-pound junior defensive end. He was an all-state football player and a two-time state wrestling champ at Hoban. He's a highly recruited Division I football prospect, as well.
Reach Tim at 330-580-8333 or tim.botos@cantonrep.com.On X: @tbotosREP
This article originally appeared on The Repository: Ohio Supreme Court to hear OHSAA eligibility case vs. Massillon's Feisters