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Krichbaum ruling: Bilas can stay with Mooney
YOUNGSTOWN
A judge has upheld a magistrate’s ruling that Nick Bilas, a junior offensive lineman, can continue to play football for Cardinal Mooney High School.
Judge R. Scott Krichbaum of Mahoning County Common Pleas Court made the ruling Tuesday, upholding the granting of a preliminary injunction against the Ohio High School Athletic Association by Magistrate Timothy G. Welsh earlier this fall.
The injunction had been sought by Bilas’ mother, Kimberly, who filed suit to block the OHSAA from forcing her son to sit out the season.
The OHSAA said Nick Bilas, who transferred to Mooney from Poland Seminary High School this year, should be required to sit out one season because the association said the Bilas family moved from Poland to Youngstown for athletic purposes.
Judge Krichbaum issued his ruling after the OHSAA objected to Magistrate Welsh’s decision.
In his ruling, Judge Krichbaum canceled an objection hearing that had been scheduled for today, saying it was unnecessary because the case record already contained the information needed to decide this matter.
Magistrate Welsh found that Kimberly Bilas’ decision to transfer her son to Mooney was based primarily on the family’s finances and the academic benefits of Mooney’s system of block scheduling of classes.
Her decision was also “motivated by the spiritual support” her son would receive at Mooney, which is a Roman Catholic high school — something not available in a public school, such as Poland Seminary, the magistrate said.
“While Cardinal Mooney High School offered an athletic program, which plaintiff likely considered in her decision to transfer her son, this was ancillary,” Judge Krichbaum wrote.
There was never any suggestion that Mooney recruited Bilas, the judge added.
Judge Krichbaum also agreed with Welsh’s decision that forcing Bilas to sit out a season would cause him irreparable harm by denying him “the benefits of athletic training, camaraderie and competition” and potential college scholarships.