The legal fight to allow a high school student to play sports at a new school in Cleveland County continues.
In July attorney Clint Todd filed suit on behalf of Steven Saeler and his son, Ethan, against the Arkansas Athletics Association, the Cleveland County School District, its superintendent, Davy King, and athletic director Chris Vereen to allow Ethan to play sports in the Woodlawn School District.
You can read more about the lawsuit here:
Suzi Parker
On Aug. 29, attorney Cody Kees, representing the Cleveland County School District, King and Vereen, filed a response against the Plaintiffs' Emergency Motion for a temporary restraining order or a preliminary injunction.
Kees argues: "E.S. is a student athlete who previously attended Rison High School, which is within the
Cleveland County School District. In April 2025, during his sophomore year, E.S. transferred to
Woodlawn High School, which is in the Woodlawn School District. This transfer was completely
voluntary.
"According to District records, the student withdrawal form was signed on April 10, 2025.
"On that same date, April 10, 2025, Woodlawn school officials used the state’s electronic transcript system, Triand, to request and receive E.S.’s school records from the District. On that same date, April 10, 2025, the District officially dropped E.S. as a student. Consequently, April 10, 2025, is the effective date of E.S.’s transfer and enrollment at Woodlawn. See Ark. Code Ann. § 618-1905(f)(2)."
However, after the Reckoning's published its last story on the lawsuit, Ethan Saeler's mother, Ashley, messaged the Reckoning.
"I noticed in the school's response to Clint [the Saelers' attorney] they attached paperwork that states Ethan dropped on April 10th. That is true. We withdrew him on the 10th. He was kicked off the baseball team unjustly and was going to have to sit in the office for 2 class periods a day. That is an embarrassment for a kid to have to sit there while leveryone walks by and looks at him, so we felt it was better to go ahead and move him. What they failed to mention is that his paperwork for school choice was turned into Woodlawn on April 7th. Woodlawn, in turn, faxed the request to Rison on April 7th at 9:20 AM. They are failing to mention all of that. I am attaching a copy of his school choice request-where woodlawn accepted it and the fax cover letter that shows when they sent it and that the fax indeed did go through."
Ashley Saeler sent the Reckoning a two-page document.
Woodlawn Superintendent Kevin Hancock signed the document on April 7, 2025, at 9 a.m.
In Kees' latest court filing, he does not mention this document. He writes that the April 10th date is critical.
"This timing is significant because the law changed. On April 8, 2025, which was two days before E.S.’s official transfer, Act 475 of 2025 went into effect. H.B. 1633, 95th General Assem., Reg. Sess. (Ark. 2025). This law affected student-athlete eligibility and amended Arkansas’s school choice law. Id."
The Saelers argue that they asked King to sign the CSAP form for Ethan Saeler on April 7, 2025. King refused.
Kees' Argument
Kees, whose law firm represents several school districts in Arkansas, argues the Saelers "are not entitled to a TRO or preliminary injunction because they cannot show substantial irreparable harm and a likelihood of success on the merits."
He writes: "Here, the alleged harm is that E.S. cannot participate in varsity athletics during the 2025–
26 school year. Plaintiffs’ assertion, however, does not satisfy the definition of irreparable harm.
First, participation in athletics is not a constitutional or fundamental right. Ark. Activities Ass’n v.
Meyer, 304 Ark. 718, 805 S.W.2d 58 (1991). E.S. remains enrolled at Woodlawn High School
and continues to receive the same educational opportunities as his peers. The only limitation is in
varsity athletics, which Arkansas law has long recognized as extracurricular."
The Saelers told the Reckoning that Ethan has been playing sports since he was three years old. They said Ethan played in state and World Series championships and won state titles
"You name it, it's been his life for the past 10 years," Steven Saeler told the Reckoning.
Ethan Saeler plays travel baseball and "lives sports" year around, his father added.
Kees in his filing also stated "the alleged harm is neither permanent nor beyond redress at law. If Plaintiffs ultimately prevail, they may seek money damages for any alleged emotional distress caused by the period of ineligibility—indeed, their own complaint seeks such damages. This admission confirms that an adequate remedy at law exists, defeating any claim of irreparable injury."
Another argument Kees makes is that the plaintiffs’ "months-long delay undermines their claim that an emergency exists. They knew in April 2025 that the CSAP form had not been signed by Superintendent Davy King and consequently that E.S. was ineligible under AAA rules, yet they waited until late August to
seek a TRO. A delay like this one is inconsistent with the legal standard for irreparable harm."
Kees states: "This lawsuit could have been potentially avoided by following the rules and procedures set forth by the AAA."
Ultimately, Kees states: "In short, missing one year of varsity sports is highly disappointing but not irreparable. It does not threaten Plaintiffs’ constitutional rights. Varsity ineligibility does not affect E.S.’s access to education, or any other interest beyond the ordinary reach of damages. An injunction is not a remedy for disappointment, inconvenience, or losses that can be compensable by money damages."
Kees also wrote: "Even if Plaintiffs could establish irreparable harm—which they cannot—they must also
demonstrate a likelihood of success on the merits. They cannot do so here."
He continues to lay out the same previous facts, ultimately, concluding:
"A student’s participation in
interscholastic athletics is not a constitutional right nor is it beyond redress at law. Plaintiffs simply
cannot establish that a temporary, one-year period of ineligibility constitutes irreparable harm.
Additionally, Plaintiffs cannot demonstrate any likelihood of success on the merits because, among other reasons, they have not completed the required AAA appeal process, and Act 475 categorically bars their claim that E.S. is eligible to play during the 2025-26 school year.
Because Plaintiffs cannot demonstrate irreparable harm and are unlikely to succeed on the
merits, this Court should deny their Motion."
Tuesday filing: Todd's response
Todd filed a response on behalf of the Saelers on Sept. 2.
Todd argues: "Plaintiff has pled sufficient and general facts upon which relief can be granted, including specific facts pertaining to each and every element of its asserted claims which must be viewed in the light most favorable to Plaintiff and accepting all facts in its Complaint as true."
He points out the April 7th documents that Ashley Saeler sent to the Reckoning. He also states that because of this date Ethan Saeler's transfer to play sports would fall under a previous law.
"On or about April 7, 2025, Steven Saeler requested that Superintendent Davy King complete a CSAP form for E.S, in order to comply with AAA for varsity athletic participation for a transfer of schools prior to June 30, 2025. While signed by the receiving school.
Cleveland County School District Davy King refused to sign the CSAP form."
Todd explains that Ethan Saeler played in two varsity sports his sophomore year at Rison High School.
He adds: "On or about April 7, 2025, E.S. filed his paperwork to
transfer schools from Rison High School to Woodlawn High School, whereby he would be immediately enrolled for the 2025-2026 school year, and, as of the date of the filing
of this Petition, E.S. is enrolled in Woodlawn High School, but not allowed to participate in extracurricular activities. Historically, beginning around 2008, there was a mandatory 365 day sit out requirement for student athletes who played a varsity sport, then transferred to another school. This applied to all high school student athletes per the Arkansas Activities Association (the AAA). The Arkansas Activities Association is supervision of all interscholastic activities for its member schools. Rison high School is member of the AAA."
Todd writes, "Per AAA, for eligibility purposes, all transfers must take place by July 1 before student enters grades 7-12 for public schools and require that CSAP forms be signed for all transfers. However, by its own policy, students transferring schools are afforded the rights, protections and privileges of AAA: 'All students transferring from outside of the district are subject to the rules and regulations established by the Arkansas Activities Association. This rule applies only to district to district transfers.'"
The new law
This year, Arkansas law regarding athletic participation changed with passage of House Bill 1633, which tightened the rules on students transferring schools and playing sports.
Arkansas Governor Sarah Huckabee Sanders signed that bill into law on April 8, 2025 – one day after Ethan Saeler's paperwork was submitted.
Todd argues, "Once Rison High
School found out about E.S.'s school choice transfer, he was unjustly expelled from the school's baseball team for no other reason than he had chosen to transfer to Woodlawn High School for the next year. On or about May 6, 2025, the father (through undersigned counsel) sent a letter to Rison School District (through their Superintendent Mr. King) requesting a school board review of this decision to not sign
the E.S.'s CSAP form and to be put on the: agenda for the next board meeting.
"On or about May 9, 2025, the Superintendent Mr. King (through counsel) declined to allow
the school board to review this issue and rejected the request to be put on the school board's agenda for the next meeting. Davy King, Superintendent of Cleveland County
School District, has made frivolous claims that E.S. was "recruited" by Woodlawn High School with no demonstrable proof to these accusations. This is inconsistent with AAA and HB 1633."
Todd argues that Act 768 Section 1 (C)(i) specifically states: "The superintendent of the student's
resident school district and the superintendent of the nonresident school district to which the student transfers shall sign the CSAP, form unless there is demonstrable
evidence: (a) of recruiting by the receiving school district; or (b) The student is transferring to the nonresident school district for athletic purposes.' Here the
Defendants have no demonstrable evidence as required by law. The Defendants make no claims showing demonstrable evidence. They attach no exhibits showing demonstrable
evidence. This is because there is no demonstrable evidence as required by Act 768."
Todd states that the defendants argument in their Motion to Dismiss is an "attempt to distract from the actual issues involved in this case. In an attempt at a 'slight of hand trick' they show in their exhibits #2 and #3, the withdrawal forms from the school and the Triand System
Notifications for E.S. to show that they were after the April 8, 2025 law change."
Again, the April 7th date comes into play with Todd writing, "E.S.'s school choice paperwork declaring his intent to transfer for the 2025-
2026 school year was filed in April 7, 2025. His withdrawal form, and the subsequent system notification, have no bearing on this case They are just a reflection of how intolerable the school administration and coaches made staying at Rison High School
after he filed is transfer notice. E.S. was repeatedly hounded by school
administration/staff, he was kicked offthe baseball team without any justifiable reason other than he decided to transfer for the upcoming school year, and generally treated
with disdain on behalf of the Defendants. Given this treatment, he decided to transfer immediately as opposed to waiting until the end of the school year."
To conclude, Todd writes," For all of the foregoing reasons outlined above, Defendant's Motion to Dismiss should be denied. Plaintiff's respectfully request the court award attorney's fees and grant all other relief in which they are entitled."
A court date has not been set for this lawsuit.
