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Judge plans Friday ruling in Butler Area School District football playoff dispute with PIAA

Butler Mac Schnur (9) throws a pass against McDowell in a football game at Art Bernardi Stadium on Oct. 21. Butler Eagle File Photo

A Common Pleas Court judge plans to issue a ruling Friday as to whether the Pennsylvania Interscholastic Athletic Association overstepped its authority by not allowing the Butler Senior High School football team to compete in this year’s playoffs.

With the Golden Tornado’s last regular season game scheduled for Friday evening and the post-season set to begin in two weeks, Senior Judge Robert Yeatts presided over a three-hour hearing into the Butler Area School District’s petition for a permanent injunction against the PIAA on Thursday, but didn’t issue a ruling.

If Yeatts rules in favor of the school district, Butler will appear in the playoffs. Butler qualified by defeating Erie High School on Sept. 23.

If the judge sides with the PIAA, Erie will advance to the playoffs instead.

Tom Breth, an attorney for Dillon McCandless King Coulter & Graham, the school district solicitor, argued that the PIAA allowed Butler to compete in last year’s playoffs as a member of District 10, but is not allowing the same this year.

The PIAA, the Western Pennsylvania Interscholastic Athletic League, or District 7, and District 10 allowed Butler to play in District 10 as an associate member of District 10 during the 2020 and 2021 seasons, and the team made the playoffs in 2021.

Butler’s Alex Sontheimer (33) breaks free from McDowell’s defense at Art Bernardi Stadium on Oct. 21, 2022. Butler Eagle File Photo

In January this year, District 7 allowed Butler to play this regular season and next season in District 10, but refused to allow it compete in District 10 playoffs in both of those seasons. District 10 also opposed Butler’s participation in the playoffs. Butler appealed the decision to the PIAA. Following a hearing in February, the PIAA board of directors voted 29-0 to deny the appeal.

Breth described the change in decisions about Butler’s participation in postseason play as a penalty and as discipline. He also called it “arbitrary” and “capricious.” He argued that the PIAA violated its constitution, bylaws, and policies and procedures by not allowing Butler to play in the postseason.

In the years leading up to 2020, Butler’s varsity football program had not been very successful and student participation was waning. That prompted the school to ask the PIAA for permission to play in District 10 because the teams in that district were seen as comparable to Butler and playing them would allow Butler to rebuild its program. Butler also expressed concerns for the safety of its players because of its small roster.

Districts 10 and 7 agreed to let Butler play in District 10 in 2020 and 2021, and the PIAA agreed to let Butler play in the playoffs, according to the school district.

In 2019, the Butler school district considered all options, including terminating the football program, to improve the safety of students on the team, Brian White, school district superintendent, testified.

At that time, 23 students dressed to play and 17 students were injured, he said.

“We can’t build a program when parents and kids are worried about injuries,” White said.

He said he believes the school district is not being treated fairly.

Robert Lombardi, PIAA executive director, said allowing schools to pick the teams they play against would cause “chaos” in the playoffs, which serve as the qualifier for the state championship.

Peter Iacino, District 10 chairman, said Butler was given permission to play in District 10 this year as a “scheduling partner,” but not to play in the postseason this year because its associate membership was not renewed.

He said only one playoff game can be held this year and there is no time in the schedule to add a second playoff game. If Butler is allowed in the playoffs, Erie High School will not play, he said. District 10 is the home district of two schools — Erie and McDowell high schools.

Butler finds itself in this predicament because it decided not to play in District 7, he said. Other District 7 teams are playing outside of the district, but are not allowed in the playoffs, he added.

“Butler chose not to stay in District 7. There is not a penalty there. It’s a choice,” Iacino said.

He said the district helped Butler by granting it an associate membership in 2020.

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