A lawsuit was filed Thursday by Ethan Saeler, a minor, through his father, Steven Saeler, in Cleveland County against the Arkansas Activities Association, Cleveland County School District, and the district's Superintendent Davy King and Athletic Director Chris Vereen.
Ethan Saeler plays baseball.
One key issue in the lawsuit is House Bill 1633, which became Act 475 when Governor Sarah Huckabee Sanders signed it into law during last spring's legislative session.
Act 475 amends eligibility requirements for students who participate in extracurricular activities, especially sports, and transfer schools.
Saeler's lawsuit
The Saeler family is represented by Clint Todd, a Star City attorney.
The lawsuit states: "There are two separate high schools located in Cleveland County, Arkansas,
specifically: Woodlawn High School (located in the Woodlawn School District) and Rison High School (located in the Cleveland County School District).
"E, the minor child, at the time of this filing, is between his Sophomore and Junior School Years. He will begin his Junior/ 11th Grade year in August, 2025.
The lawsuit references Act 768 of the 94th General Assembly. That Act addresses school choice in Arkansas.
A copy of Act 768 is attached to the lawsuit along with several pages from the AAA handbook and the entire Cleveland County School District's handbook.
The lawsuit states: "On or about April 7, 2025, Steven Saeler submitted E.S.'s paperwork to transfer schools from Rison High School to Woodlawn for the 2025-2026 school year for academic reasons."
According to the lawsuit, 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 transfer of schools prior to June 30, 2025.
"While signed by the receiving school, Cleveland County School District Superintendent, Davy King refused to sign the CSAP form.
"While Arkansas law regarding athletic participation changed with passage of House Bill 1633, it was
not signed by the Governor and did not go into effect until April 8,
2025.
"E.S.'s paperwork was submitted in April 7, 2025," according to the lawsuit.
On or about April 8, "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."
In early May, Todd asked to be placed on the Cleveland County School District's next school board meeting aagenda to discuss the transfer and CSAP.
The lawsuit states: "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.
The lawsuit also states that King "has made frivolous claims that E.S. was 'recruited' by Woodlawn Hligh School with no demonstrable
proof to these accusations. This is inconsistent with AAA and HB 1633."
The lawsuit alleges that the Cleveland County School District is "not adhering to the standards of the
Arkansas Activities Association inherent by its membership therein, it is necessary and required that AAA declare E.S. eligible for varsity athletics for the 2025."
The lawsuit alleges the defendants have caused "intentional infliction of emotional distress by virtue of the severe and pervasive nature of their actions."
The lawsuit continues: "Davy King and Chris Vereen, intended to inflict emotional distress on E.S., or willfully and wantonly knew or should have known that emotional distress was the key result of their conduct. This is evidenced by the fact that King and Vereen, orchestrated having E.S. thrown off the baseball team in April when he was not going to transfer until the next year, for no other reason than to punish him for transferring. Also, Defendant King's refusal to comply with AAA and Arkansas law regarding the signing of the CSAP form is further evidence the Defendants were intentionally trying to punish this child for his decision to transfer schools."
Saeler and his son are asking for:
- A declaration that Act 768 of the 94th General Assembly applies to AAA;
- A declaration that E.S. is entitled to the rights and opportunities afforded to him by AAA;
- A declaration that if AAA follows the policy of Cleveland County Schools, instead of its own, that AAA has violated the equal protection afforded to E.S. and other Cleveland County Schools resident students in violation of the Arkansas Constitution; and
- An injunction against AAA, requiring it to accept the CSAP form and declare that E.S. is eligible for varsity sports participation immediately upon his transfer.
The lawsuit also asks the rules of "AAA govern the participation of E.S. in varsity athletics for the 2025-2026
school year at Woodlawn High School in the State of Arkansas; for a permanent injunction requiring AAA to declare" Saeler's son "eligible for varsity athletics and to accept
the CSAP form; for actual and punitive damages for the intentional infliction of distress, for an award of costs including reasonable attorneys' fees" as set forth in Arkansas code.
The May School Board Meeting
The Reckoning obtained a copy of the May letter from Cody Kees, the Cleveland County School District's attorney, informing Todd that he would not be placed on the school board agenda to discuss this matter.
