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Tuesday, February 4
Updated: July 22, 5:37 PM ET
 
James asks court to block association's ruling

ESPN.com news services

AKRON, Ohio -- King James' next game will be in a completely different court.

A lawyer for LeBron James, expected to be the No. 1 pick in this year's NBA draft, on Wednesday was to ask a judge to block a ruling that barred the high school basketball superstar from playing the rest of the season.

Attorneys are meeting with the judge in chambers. A hearing had been scheduled to begin at 9 a.m. ET.

What it means
LeBron James' request for an injunction is based on these principles, from court documents:

  • Defendants OHSAA and Muscaro have no jurisdiction to regulate LeBron James' conduct or make determinations related to his eligibility except as specifically delineated in the OHSAA constitution and bylaws.

  • Section 5 of the OHSAA bylaws provides that "in matters pertaining to personal conduct in which athletics are not involved, the school itself is to be the sole judge as to whether the student may participate in athletics."

  • Because James' conduct in accepting a gift of two jerseys pertained to personal conduct in which athletics are not involved, only defendant St. Vincent-St. Mary had the authority to determine if James' conduct violated Section 4-10-1 of the OHSAA bylaws.

  • St. Vincent-St. Mary has not made any determination that James violated Section 4-10-1. Defendants Muscaro and OHSAA had no jurisdictions for their Jan. 31, 2003 ruling of ineligibility.

  • As a result of defendants Muscaro's and OHSAA's improper application of OHSAA bylaw rule 4-10-1, LeBron James suffered, and if not remedied, will continue to suffer irreparable harm in being unable to assist his team in competing for a state championship and a national title.

  • Defendant St. Vincent-St. Mary has taken unusual measures to capitalize on the fame of LeBron James, from receiving fees for tournament participation around the country and playing in a larger arena, to raising ticket prices contracting with a cable network. Upon information and belief, the rush to judgment against LeBron James without reasonable investigation, notice or opportunity to be heard stems from defendants Muscaro and OHSAA's frustration that defendant St. Vincent-St. Mary is capitalizing on LeBron James' fame.
  • Click here to read James' request filed with the Summit County Common Pleas Court.
  • The Ohio High School Athletic Association declared the 6-foot-8 senior from St. Vincent-St. Mary ineligible on Friday for accepting two jerseys worth a combined $845. The Akron team, ranked No. 1 in USA Today's rankings for the fourth straight week, was forced to forfeit a win because of the ruling.

    James' attorney, Fred Nance, argued in court documents filed Tuesday that James, whose nickname is King James, did nothing wrong when he accepted the "throwback" jerseys from the owner of a Cleveland clothing store.

    "All LeBron did was receive a gift from a friend as congratulations for his academic achievements," Nance said. "Had LeBron wished to capitalize on his fame, the recompense could be in the millions of dollars."

    Nance said James would not be attending the hearing before Judge James Williams.

    The OHSAA found that the store gave James the Gale Sayers and Wes Unseld jerseys in exchange for posing for pictures to be displayed on its walls.

    OHSAA commissioner Clair Muscaro ruled that James broke an amateur bylaw "by capitalizing on athletic fame by receiving money or gifts of monetary value."

    James sat out the first game of his career Sunday, and he seems eager to rejoin his teammates. Wearing a gray T-shirt and blue shorts, James attended practice Tuesday in the school's gym. He warmed up with his teammates and was stretching when coach Dru Joyce closed the practice.

    Joyce then ordered green cloth banners to be hung over the glass doors, so no one could see inside.

    Joyce refused to comment on James' situation. St. Vincent-St. Mary next plays in the Isles Prime Time Shootout in Trenton, N.J., on Saturday.

    On Tuesday, James said in an interview with former NFL star Deion Sanders on CBS' "The Early Show" he was sorry he took the jerseys.

    "If I had known I was violating anything, I would've never done it," James said. "I would've never jeopardized my eligibility. I would've never jeopardized my team."

    James, saying he has a 3.5 grade-point average, thought the store was rewarding him for his schoolwork.

    Nance said in the court filing that James returned the jerseys when he learned the gift was controversial and might threaten his amateur status.

    At a Tuesday afternoon news conference, St. Vincent-St. Mary defended James and said the punishment was severe.

    "LeBron made a mistake and accepts responsibility," said James Burdon, chairman of the school's board of trustees. "He's apologized for the pain he's caused others. However, he has not committed a crime, nor has he consciously hurt anyone."

    School officials have said in the past they will abide by the OHSAA's ruling and not contest James' exclusion for the remainder of the season.

    Interviewed on The Dan Patrick Show on ESPN Radio, Sonny Vaccaro said Tuesday the publicity from LeBron James' suspension has made James more of a celebrity and has raised the price he will receive from a shoe deal with adidas, Nike, or another company.

    If the court blocks the ruling, James would be cleared to play pending an appeal by the OHSAA. James was expected to appeal his suspension to the athletic association. The Fighting Irish have four games left before the playoffs.

    OHSAA spokesman Bob Goldring said that if Williams blocks the agency's ruling and grants a restraining order, James will be cleared to play.

    Williams would then hold another hearing within the next 14 days when he could decide whether to make the injunction permanent or extend the temporary order.

    With James deciding to fight for his reinstatement through legal action, it is unlikely he will appeal his suspension to the athletic association.

    Muscaro told ESPN.com he has not received any appeal to review James' case.

    Nance accused the OHSAA of being frustrated that the school is capitalizing on James' fame by playing in a larger arena, receiving fees from playing in tournaments across the country and contacting a cable network to televise the games.

    Steven Craig, a lawyer for the OHSAA, said, "The commissioner is obligated to interpret and enforce the bylaws as written. That is what he feels he's done in this case and stands by his decision."

    Nance also asked the judge to reinstate a victory in a game that the team forfeited after the association found James ineligible.

    The filing said that because the jerseys involved personal conduct in which sports were not involved, only the school -- not the OHSAA -- had the authority to determine whether James broke state amateur rules. The school had not made that determination, the filing said.

    Muscaro also did not discuss the case with James or the school before finding James ineligible, the filing said.

    If James appeals the agency's ruling, he must do so in writing. The appeal would be heard by a seven-member board of control -- not including Muscaro -- on Feb. 13 in Columbus.

    OHSAA spokesman Bob Goldring said the appeal could be heard earlier if the panel decided to have an emergency meeting.

    Information from The Associated Press and ESPN.com senior writer Andy Katz was used in this report.




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