CHARLESTON, SC (WCSC) - The family of a James Island Charter High School was in court Thursday morning after filing an emergency injunction as a last effort for their son to play high school football this season.
Sophomore Austin Boyer transferred from the Charleston Charter School of Math and Science earlier this year and, even though that school didn't have a football team, a rule in place marked him as ineligible for this season.
According to the South Carolina High School League, which sets rules and regulates high school sports across the state, when a student transfers from one member school to another member school without a change in address, they are ineligible for one year.
At Thursday's hearing, the judge decided to take the issue under advisement for 10 days, but declined to grant an immediate injunction. The judge will read and conduct research in the matter before making a ruling.
The injunction was filed against the Charleston County School District, James Island Charter High School and the SC High School League.
The rule is in place to eliminate schools recruiting students from other schools for athletics.
The school league referenced a past case in its argument Thursday, citing Bruce v. the High School League. The High School League argued that it doesn't matter if anyone was recruited or not, saying the current rule is the best way to make sure players are not recruited.
Boyer's attorney told the judge that Boyer wants to play junior varsity football and that he only gets to be 16 once. The attorney argued that there is no harm for anyone.
He also stated that the Boyer family filed the injunction because a lawsuit would take too long and they would miss the current season.
For more on the hearing, stay with Live5News.com.