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HOUSTON (AP) - Organizers of a Texas state basketball tournament relented Thursday and agreed to reschedule a semifinal game involving an Orthodox Jewish school after parents filed a lawsuit over the original game time, which conflicted with the Sabbath.
The Texas Association of Private and Parochial Schools, or TAPPS, had rejected Beren Academy’s requests to reschedule the game that was to be played at 9 p.m. Friday. Beren players observe the Sabbath between Friday night and Saturday night and won’t play basketball during those hours.
A group of parents with boys on the team subsequently sued TAPPS and sought a temporary restraining order requiring the agency to reschedule the game.
After being notified the lawsuit had been filed, TAPPS director Edd Burleson said the association would reverse course and allow Beren (23-5) to play Dallas Covenant at 2 p.m. Friday. Should the Stars win, they’ll start their championship game no earlier than 8 p.m. Saturday.
Richard Rohan, the Dallas attorney who filed the lawsuit, said the 14-page complaint was filed in U.S. District Court in Dallas about 9 a.m. Within two hours, TAPPS agreed to accommodate Beren without a court order, he said.
The suit was filed against the Mansfield Independent School District because that’s where the game was originally scheduled to be played, Rohan said.
Rohan’s firm filed the suit after it was suggested by Washington, D.C. attorney Nathan Lewin, a well-known champion of civil rights who has frequently sued on behalf of Jews facing discrimination over the Sabbath and other issues.
“I thought if we got to court there was no judge in the world who would uphold (TAPPS),” said Lewin, whose clients have included former President Richard Nixon, ex-Beatle John Lennon and actress Jodie Foster. “No way a remotely fair judge would say this makes any sense.”
The lawsuit caught Beren officials off guard. Headmaster Harry Sinoff and coach Chris Cole only learned of the suit on Thursday morning, and both said they regretted that the situation reached the level of legal action.
“It’s a mixed emotion,” Cole said. “We feel like we’ve earned the right to play. Our focus all week has been trying to get TAPPS to reschedule the game times to accommodate us. At the same time, this was not the course of action that we wanted.”
The complaint argued that the team was “being denied, solely on account of their religious observance, a once-in-a-lifetime opportunity to compete.” It called the tournament “an irreplaceable opportunity” and said depriving Beren the chance to play represented “irreparable harm … because of their Jewish religious beliefs and observances.”
Burleson said earlier this week that association bylaws prevented TAPPS from moving the game time. Beren, a TAPPS member since 2011, advanced to the semifinals by beating Kerrville Our Lady of the Hills last week.
Cole made the awkward call to TAPPS on Thursday morning, stressing that the school itself did not file the legal action. Beren, with an enrollment of 247 students, immediately held an assembly in its gym, where rabbi Avi Pollak informed all the students that the game was back on.
“You could see some excitement in the hallway,” Cole said. “My phone started going crazy.”
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