Potential lawsuit could postpone Sunset boys tourney

The pairings and even the dates and times of the Sunset Region boys basketball playoffs might be determined in court instead of on one.

Paul Anderson, Nevada Interscholastic Activities Association legal counsel, said Friday night that a complaint and motion for a temporary restraining order and a preliminary injunction were filed in state court to overturn four forfeits and allow Western’s boys basketball team to participate in the postseason.

A hearing will be held at 9:30 a.m. Tuesday in Judge Stefany Miley’s courtroom to determine whether the Warriors should be permitted to play. In the meantime, the Sunset Region playoffs — scheduled to start Wednesday — might be postponed.

“We have the right to postpone the tournament,” Anderson said. “That’s the option the NIAA is looking at doing now.”

The Warriors forfeited four games last week because of the use of an ineligible player and appealed those forfeits to the NIAA, but NIAA executive director Eddie Bonine denied their appeal.

Western fell from second place in the Southwest League to fifth and finished one game behind fourth-place Spring Valley in the final standings. The top four teams in each league qualify for the postseason.

“I’m confident with the decision I made,” Bonine said. “Western High School did everything they are supposed to do. They have the right to appeal, and they did, but then they accepted the forfeits. Western is being thrown out there by a parent.”

Bonine said the order was filed on behalf of a parent of a Western student. Should the forfeits be overturned, Western would move from fifth to second in the Southwest and Spring Valley would be eliminated from the postseason.

Under the Nevada Athletic Code, the NIAA has the right to suspend a tournament until legal proceedings are complete and all appeals have been exhausted.

The Sunrise Region and Northern Region tournaments won’t be directly affected, nor will any small-school tournaments. However, if the Sunset tournament is delayed for any significant length of time, the Class 4A state tournament could be pushed back or the format altered.

Bonine and Anderson said a state statute prohibits judges from granting injunctions or restraining orders against the NIAA until after the conclusion of a hearing.

“They just walked down and did it,” Anderson said. “Typically the courts will enter these temporary restraining orders without taking a close look at it.

“All the judge has said at this point is that Western is in the playoffs. I don’t think the judge has the right to say we can’t postpone the tournament.”

Bonine said two similar lawsuits have been filed in recent years, and both have been thrown out of court.

It’s possible the same could happen with this suit on Tuesday. If not, it’s almost a certainty that the tournament will not start on time.

“I’ve got to do something to stop this kind of stuff,” Bonine said. “We will suspend play until it’s resolved.”