Judge Rules Against Fenwick High School in Suit Against IHSA

A judge has ruled against Fenwick High School in a lawsuit filed against the Illinois High School Association.

The suit sought to overturn the Fenwicksemifinal loss after a call error kept the game in play when the team should have been declared the winner.

In a courtroom packed with students and parents, supporters said the team has been practicing since their loss to prepare for Wednesday's decision. 

The suit, filed in the Circuit Court of Cook County, sought "declaratory, injunctive and other relief against IHSA." It was filed in an effort to "protect the rights and rightfully earned opportunities of its students," school officials said. 

Parents, students, players and coaches at the suburban high school were up in arms after a controversial call put an end to the football team’s season.

Fenwick High School was up 10-7 on Plainfield North in the Class 7A semifinals Saturday night when the team’s quarterback threw the ball incomplete on the fourth down looking to run out the clock.

The rules should say game over, giving Fenwick the win, but instead the referee mistakenly called a grounding penalty that allowed Plainfield North one free play. Plainfield North ended up being able to use the play to tie the game with a field goal, and went on to win in overtime.

Attorneys for the high school said the suit was "not about a bad call. It's about a breach of contract." 

"This is a once in a lifetime chance, evidence the Cubs," said Peter Rush. 

IHSA attorneys argued that the decision is "not about sympathy or what's fair."

"Sometimes the laws are not fair," said David Bressler, who claimed there's no judicial oversight over referee calls, even when they're wrong. 

Plainfield North was also represented in court Wednesday in support of IHSA, but attorneys for the school noted they admire Fenwick's passion. 

The Illinois High School Association admitted the ref made a mistake and should not have given Plainfield north that free play, but they also say they cannot change the outcome.

IHSA Executive Director Craig Anderson, in a statement admitting the error, cited a by-law that rules “the decisions of game officials shall be final; protests against the decision of a game official shall not be reviewed by the Board of Directors.”

“On behalf of IHSA, I express my sincerest apologies to Coach Nudo and his players and coaching staff, as well as to the entire Fenwick administration and community,” Anderson said. “I understand that it will be difficult to find the silver lining in this particular situation, but I do hope that Fenwick takes pride in all they accomplished today and this season.”

Anderson added that the crew admitted the error after the game and will face a performance assessment and consequences from IHSA.

Fenwick quarterback Jacob Keller later tweeted, “Your sincerest apologies mean nothing, my boys WORKED for 5 months just to have everything we worked for taken away. #IHSASUCKS.”

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