Man Sues Over Right to Run Print
Thursday, June 27 2013

A Pennsylvania dad is suing his son's track coach, athletic director, principal, superintendent and school board after his son was removed from the high school track team.

Ervin Mears, Jr., is seeking $40 million in damages plus 2012 and 2013 varsity letters and championship jackets on the grounds that his son was subject to bullying and harassment.  Mears, who ran track in high school and the military, said his son "comes from a family of track winners." 

According to news reports, Mears' son was the "undefeated champ" in the 200-, 400- and 800-meter runs as an eighth grader and that the dispute began when the boy entered ninth grade and the track coach disagreed over which races the young man should run.  Mears claims it is unfair that his son was not allowed to compete and get exposure. 

"If he doesn't qualify, then the clock will say he's not fast enough," said Mears, who worries his son may be losing out on the possibility of a college athletic scholarship.

"Children have rights," Mears, 68, said, "just like any adult."

Unexcused absences from practice were the official reason Mears said he was given for his son's dismissal. That's an excuse, Mears said. A family death and injured leg kept his son away. The suit alleges that not allowing the boy to participate constitutes bullying, harassment and an "abusive school environment" in which his rights to due process and freedom of speech were impeded.

"Participation in extracurricular activities is a right," Mears said.

Source: Philly.com