Ohio Supreme Court Dismisses OHSAA Lawsuit Over Eligibility

Ohio Supreme Court Dismisses OHSAA Lawsuit Over Eligibility

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Ohio Supreme Court Ends Bid to Block Feister Brothers from Playing

The Ohio Supreme Court has dismissed a lawsuit from the Ohio High School Athletic Association, effectively clearing the way for Brayton and Brydon Feister to finish the football season. The high court’s decision on Thursday means a lower appeals court order allowing the Massillon Washington players to remain on the field will stand. Cleveland 19 News reported that the OHSAA had challenged the Fifth District Court of Appeals’ authority in this eligibility dispute, but the justices found the association had not proven the appeals court clearly lacked jurisdiction.

This legal battle has been a whirlwind of fast-paced decisions. On October 16, the Fifth District Court of Appeals granted an emergency order that let the brothers play for the rest of the 2026 season. The OHSAA, which had denied the Feisters’ eligibility in late September, quickly escalated the fight to the state’s highest court, trying to block that appeals court action. The Supreme Court’s latest move puts that appeal on hold, leaving the brothers eligible for now.

The Core of the Eligibility Dispute

The heart of this case isn’t just about two players; it’s about the rules governing high school transfers and how courts interpret them. The Feisters, who transferred from Archbishop Hoban in Akron to Massillon, were denied eligibility by the OHSAA. The association’s argument, as detailed in court records, was that the move wasn’t a “bona fide residence change.” They pointed to evidence suggesting the brothers transferred to Massillon specifically for football, not because a new home compelled a school change.

Ohio supreme court building columbus oh june thomas j moyer judicial center shown june houses

OHSAA policy grants exceptions for transfers only if the move created the need to change schools, not if the desire to transfer motivated the move. The association cited a March wrestling unsportsmanlike-conduct incident at Hoban and contacts with multiple other schools before the family’s move as proof. According to Cleveland 19 News, the family bought their Massillon home on April 29 but waited until July 29 to apply for the transfer exception. When the OHSAA ruled them ineligible on September 28, the Feisters went to court.

“We are pleased that the Ohio Supreme Court recognized the importance of student athletes to continue to participate in a once-in-a-lifetime opportunity,” said Canton attorney Lee Plakas, who represents the Feisters.

The Feisters’ legal team sees it differently. Their attorney, Lee Plakas, argues the family made a legitimate decision to move to Massillon, which should have qualified them for full athletic eligibility. Plakas contends there is no dispute over the fact that the family relocated. The brothers’ status is significant beyond just this season. Brayton, a senior linebacker and running back, is committed to play at the University of Oregon. Brydon, a junior defensive end, is a two-time state wrestling champion.

A Procedural Setback, Not a Final Ruling

It’s crucial to understand what the Supreme Court’s dismissal does and doesn’t do. The ruling is procedural. It does not decide whether the Feisters are actually eligible to play under OHSAA rules. Instead, it affirms that the Fifth District Court of Appeals had the authority to step in and issue its emergency order. The underlying appeal, where the Feisters will argue they should have been eligible from the start, will continue in the lower courts.

Justice Jennifer Brunner agreed with the dismissal but raised a pointed question in her concurring opinion, as reported by The Dispatch. She questioned why the appeals court granted the injunction without explaining its reasoning, especially when the trial court had based its denial of eligibility on a “day-long hearing that led to a 21-page decision.” The legal fight is far from over, but for now, the brothers are on the field.

Ohio state court flow chart

“We knew it was a bit of a procedural longshot,” OHSAA attorney Joseph Fraley told The Dispatch. Fraley had argued the appeals court lacked the authority to act because the initial case in Stark County Common Pleas Court had not yet concluded. While the Supreme Court disagreed on that point, the door remains open for the association to continue its fight over the players’ fundamental eligibility.

The Human Cost of the Controversy

While the legal arguments fly, a human element to this story has taken a dark turn. The Feister family reported to Massillon Police that they are being harassed by an unknown individual. Police have confirmed the investigation is ongoing.

The Tigers are a powerhouse in Ohio high school football, and the Feisters are key players. The team opened the playoffs at home on Friday night, playing Columbus St. Francis DeSales in a Division II, Region 7 quarterfinal.

The OHSAA, which governs athletics for over 800 member schools, argued in court that an order to let the Feisters play would “harm 815 member schools, opponents, and playoff rankings.” This case sets a precedent for how the courts might intervene in future eligibility disputes, potentially emboldening more families to turn to the judiciary when a ruling goes against them.

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