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A Title IX lawsuit, filed on behalf of a female wide receiver who plays for the Cuyama Valley High School football team, has survived the defendants’ motion to dismiss.
On Monday, Judge Maame Ewusi-Menash Frimpong of the U.S. District Court of Central District California ruled the suit could proceed to its next stage.
The lawsuit was filed last September by the girl’s mother, Sonya Herrera, when Valley Christian Academy in Santa Maria refused to play against Cuyama Valley High School due to the football team having a female wide receiver. The athlete is being identified as “E.H.”
The lawsuit is against Valley Christian Academy, First Baptist Church and Joel Mikkelson, superintendent of the school and lead pastor of the church.
The oral arguments took place before the judge on March 24, according to Stuart Bernstein of Nesenoff & Miltenberg LLP working out of the Palo Alto.
Mr. Bernstein is one of the lawyers familiar with the case along with Andrew Miltenberg. He said the judge’s ruling to permit the suit to proceed is favorable for young women as a whole.
“Not many courts have made a decision like this,” Mr. Bernstein told the News-Press Wednesday. “The overall importance of this case is that a teenage girl was told, ‘You can’t come to our campus because you are a young lady.’ We are hoping this lawsuit will (demonstrate) that such discriminatory practices are not acceptable.”
Passed by Congress in 1972, Title IX prohibits sex-based discrimination in schools receiving federal money.
The defendants argued that the Paycheck Protection Program loan the Valley Christian Academy received was not sufficient to qualify as federal financial aid assistance. The PPP loans were sent out by the federal government during the pandemic.
The defendants’ argument didn’t sway the judge, who ruled the Title IX lawsuit could proceed.
“The next step is the discovery process. Depositions and document discovery will take place,” Mr. Bernstein told the News-Press.
During the discovery process, the plaintiff’s attorneys hope to uncover information regarding the PPP loan, as well as practices in regards to athletics at Valley Christian Academy.
According to Monday’s ruling: “Plaintiff E.H. is Ordered To file a Second Amended Complaint within 30 days of the date of this Order if she still desires to pursue any of the claims being dismissed with leave to amend.”
email; kzehnder@newspress.com
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