West Virginia track and field athletes granted injunction following protest

A Harrison County Circuit Court judge ruled Thursday a group of middle school athletes can continue to compete in the shot put following a protest against competing with a transgender athlete.

The preliminary injunction allowing the girls to compete came after four West Virginia middle school track and field athletes filed a lawsuit against the Harrison County Board of Education regarding their punishment in the case.

The four shot put competitors, and one teammate, from Lincoln Middle School refused to compete in an April 18 meet against the competitor who had won a court battle against West Virginia’s Save Women’s Sports Act and was allowed to compete.

“I want to say to these students and their parents: I have your backs,” said West Virginia Attorney General Patrick Morrisey, who filed an amicus brief in the case. “You saw unfairness and you expressed your disappointment and sacrificed your personal performances in a sport that you love; exercised your constitutionally protected freedom of speech and expression.”

After the meet, each of the protesting competitors were ordered to run Indian sprints at a later practice and then were not allowed compete with the team April 27.

The athletes attended an April 24 press conference with West Virginia Attorney General Patrick Morrisey and former collegiate swimmer Riley Gaines on the topic. Middle schooler Emmy Salerno spoke on the topic that day but Salerno and her family are not named in the lawsuit.

“These girls didn’t disrupt anything when they protested,” Morrisey said. “They should be commended, not punished. We need to teach them that it is noble to stand firm in their beliefs and address their grievances within the protections guaranteed by our constitution.

“They need not to be silent. They have won by having their voices heard.”

Earlier in the week, the West Virginia Senate Majority Caucus said that it supported Morrisey and the Harrison County athletes.

“By refusing to adhere to these standards, Harrison County Schools is showing a galling lack of concern for the free-speech considerations of those students, as well as the safety of those students, because of unfair competition with males,” Senate President Craig Blair, R-Berkeley, said in a statement. “Furthermore, they’re sending a message to counties across the state that it’s acceptable to disregard process when it suits a particular political agenda.”