Dec. 02--A judge has scrapped an Illinois High School Association bylaw, clearing the way for three international students -- including one 7-footer -- to play for Mooseheart's basketball team.
But Kane County Judge David Akemann delayed imposing his decision until Dec. 8, giving the high school athletic governing body a chance to appeal his ruling.
Mooseheart's first basketball game is Tuesday. Moose International runs the Batavia institution, a 1,000-acre residential community and school for children from unstable backgrounds.
If the IHSA does not appeal -- a decision the organization's attorney said has not been made -- Rodrigue Ceda Makindu, Bol Riek and Remy Migisha will play for the Red Ramblers. Last season's team won the Class 1A state championship and was led by three towering South Sudanese players, none of whom are playing this year.
Motivated in part by the perception that Mooseheart unfairly exploited IHSA rules by playing the South Sudanese students, the IHSA in late 2013 imposed the bylaw to restrict international students' eligibility for athletics. Makindu, who fled war-ravaged Congo and arrived at Mooseheart in October 2012, challenged the bylaw in court.
His attorneys argued that the new provision unfairly discriminates against international students. The IHSA contended the new rule was a way to maintain equitable competitive balance among all schools.
Akemann wrote in his ruling Monday that the IHSA fails to define international students, doesn't know how many such students are denied eligibility as a result of the new bylaw and is unable to show that international students' eligibility would pose a serious disruption to the competitive balance among schools.
The new bylaw "uses an undefined term to deny a privilege for an unknown quantity of students statewide," Akemann wrote in the 10-page opinion.
If the three are eligible to play, Mooseheart's basketball prospects are expected to brighten considerably. Riek, also from South Sudan, stands over 7 feet tall, and Makindu is 6-foot-3. Migisha, from Rwanda, is 5-foot-7 and is expected to play for the junior varsity this season.
"I am glad the judge is understanding and is looking out for the best interest of the kids," Mooseheart coach Ron Ahrens said Monday.
Makindu's attorney said Monday that the 18-year-old senior is "very happy and he's going to be able to sleep for the first time in two years."
The IHSA declined to comment Monday.
