CHARLESTON – State officials say a lawsuit filed by George Washington High School’s star quarterback regarding the state’s school re-entry plan should be dismissed.
Robert Tyler “R.T.” Alexander filed his complaint September 23 in Kanawha Circuit Court against Gov. Jim Justice, the state Department of Health and Human Services and the state Board of Education. He seeks a temporary restraining order, preliminary injunction and permanent injunction because of what he calls the state’s violation of his constitutional rights.
This weekend, Kanawha County finally went to gold on the state’s re-entry map, meaning county schools can play each other or teams from other gold counties. GW is scheduled to play Riverside on October 7. On September 28, Circuit Judge Joanna Tabit filed an order issuing rule to show cause. A hearing is scheduled for October 6.
Ben Bailey, who is representing Gov. Jim Justice and the state Department of Health and Human Resources in the case, said the gold designation renders Alexander’s complaint moot.
“This demonstrates the speculative nature of any alleged injury to the plaintiff as his contentions may be moot by the time the parties appear for the scheduled hearing, which would, of course, serve as yet another reason why plaintiff’s claims are not justiciable,” Bailey wrote in the motion to dismiss.
In his complaint, Alexander says he is being treated unfairly because the map used by the state has kept Kanawha County schools from opening to in-person classroom learning and has kept his football team from playing a game so far this season.
“Alexander is not only being denied the opportunity to participate in scheduled football games, but is also missing a short and irreplaceable window in which to attract the attention of college football recruiters and earn a college scholarship,” the complaint states. “This opportunity is not hypothetical or a fanciful wish.
“Alexander recently was named the West Virginia first team pre-season all-state quarterback. … In short, the loss of his senior season denies Alexander of what should be a memorable and enjoyable final season and significantly lessens his opportunity to earn a college scholarship – thereby adversely affecting his athletic and vocational career and life path going forward.”
The defendants say Alexander offered no definite missed opportunities.
“He makes no claims about specific offers he had, what schools, what scholarships, or what identifiable opportunities he has missed in the few weeks without games,” Bailey wrote. “Each of the possible injuries are too remote and premised on a chain of events that must occur before Plaintiff could even suffer the future injuries he alleges. …
“Put simply, if Kanawha County and others keep getting tested, quarantining, practicing social distancing and all other mitigation measures, the plaintiff and others can play football.”
The complaint is Alexander’s second attempt at handling the situation in court. Earlier this month, he petitioned to intervene in a case filed by a Kanawha County attorney who said his children were being denied their constitutional right to an education because of the state’s re-entry plan. Last month, a Kanawha Circuit Court judge dismissed that complaint.
“Defendants, by their respective individual and concerted actions, have prevented, and continue to prevent, Alexander from participating fully in high school football, which is an extra-curricular activity,” the complaint states. “Different groups are being treated differently: school students and student athletes are being restricted while others are not. ...
“People who wish to shop still shop; people who wish to dine out still dine out; people who wish to congregate at church, funerals, weddings or other social activities still do so. … This is constitutionally intolerable facial discrimination. … The only assembly restriction the state has been enforcing is the attendance of school and participation in extracurricular activities.”
Alexander seeks immediate injunctive relief to allow him to play football by prohibiting the defendants from enforcing the current school re-entry map through an immediate temporary restraining order or a preliminary injunction. He also seeks an order deeming the school re-entry map and other rules deemed as infringing on his right to equal protection under the state Constitution.
Alexander, who goes by R.T., is the son of former NFL running back Robert Alexander, who played for South Charleston and West Virginia University. Last season, R.T. Alexander threw for 2,428 yards and 30 touchdowns for the Patriots, who finished 8-4 with a berth in the state Class AAA quarterfinals. He played for St. Albans his freshman year before his family moved to Valdosta, Georgia, for his sophomore season.
Alexander is being represented by attorney J. David Fenwick of Goodwin & Goodwin in Charleston. Justice and the DHHR are being represented by Bailey and Benjamin Hogan of Bailey & Glasser in Charleston, and the Department of Education is represented by Kelli Talbott of the state Attorney General’s office.
Kanawha Circuit Court case number 20-C-830