Capital Christian files new lawsuit against CIF over the school’s football playoff ban

Capital Christian School filed a lawsuit Wednesday in federal court in Sacramento alleging the state’s governing body for high school sports violated its constitutional rights in banning the football team from section and state playoffs for two seasons.

The lawsuit says the statewide California Interscholastic Foundation and the Sac-Joaquin Section, which oversees the Sacramento area, violated the 14th Amendment’s equal protection clause on two counts. It also alleges the CIF and Sac-Joaquin Section infringed on Capital Christian’s right to freedom of expression and religion.

“Defendants have selectively targeted Christian high school football programs for punishment despite comparable conduct by secular programs,” the lawsuit says.

This is the second lawsuit filed by Capital Christian in a fight with the CIF that dates back more than a year. The school dropped the first lawsuit Monday, before Judge Laurie E. Earl of the Sacramento Superior Court could enter a final ruling. Earl decided last November to allow the CIF’s playoff ban to stand rather than grant an injunction to allow Capital Christian to play in last season’s playoffs.

The new lawsuit stems from a fight that dates back more than a year, to February and March of 2021, when the school’s athletic facilities were leased to a club football team. The club team played games seemingly in violation of state and county health orders relating to the pandemic.

The stadium, restrooms and locker rooms were leased by the CAPS League and the Cap City Cougars club football team. Cap City was a member of the 13-club CAPS League that played in seeming defiance of coronavirus regulations. The facilities were leased for $1,500 a month, according to the lawsuit. Uniforms and equipment were leased for $500.

Sac-Joaquin Section Commissioner Mike Garrison ruled that the Cap City Cougars were, in fact, an extension of the high school football team. Cap City was coached by Capital Christian’s head football coach; the school’s athletic director served as an assistant. The under-16 team had 35 players, 22 of whom were students at Capital Christian. The under-19 team had 34 players, 14 of whom attended Capital Christian. Capital Christian’s varsity football team regularly fields teams with about 25 players in pads for games.

In the new lawsuit, filed by lawyers with the San Francisco branch of the Sidley Austin law firm, the school argues it and other Christian schools were unfairly targeted by the CIF because there were coaches and players from other schools who participated in the CAPS League, but they were not punished.

“Although thirteen teams participated in the CAPS league — comprising students who attended numerous different public and private schools — defendants singled out only Christian Schools — CCHS, Ripon Christian, Stone Ridge Christian and Vacaville Christian — for sanctions,” the lawsuit said.

No public high school in the Sacramento area leased out a field to host games and practices for the CAPS League. But Grant High, in Del Paso Heights, is cited in the lawsuit for having a high number of players and coaches involved with the league. The lawsuit also says uniforms bought for the CAPS League were later sold to Grant High. Elk Grove was also cited for having a high number of football players involved with a club football team.

“This selective enforcement of CIF regulations on plaintiffs, and other Christian schools, without similar enforcement against public high school, violates the Free Exercise Clause,” the lawsuit says.

The lawsuit alleges Garrison and the Sac-Joaquin Section executive board didn’t allow Capital Christian to defend itself properly in a meeting about possible sanctions last June.

When sanctions were announced last July, Garrison said his actions against the Christian schools were warranted.

“We have approximately 150 member schools, within the CIF-SJS and the vast majority of them held off until given the go-ahead to participate in football,” he said in a news release. “Unfortunately, a few schools after being put on notice by the section, that participation in football would be a violation of guidance provided by the Governor’s office, the CDPH, and CDE, elected to participate in football contests while wearing school uniforms, using school equipment and school facilities under the supervision of team coaches.”

Capital Christian had another spat with officials over pandemic restrictions. In August of 2020, while all schools were closed by order of the Sacramento County Health Department, Capital Christian tried to open its doors by saying it functioned as a day care. That worked for a few days before the county ordered Capital Christian to close.

The lawsuit says the playoff ban has substantially hindered enrollment at Capital Christian. The school has the capacity to enroll up to 1,700 students each year, the lawsuit says, but just 276 enrolled for the 2021-2022 school year.

“Defendants’ findings and penalties effectively brand CCHS as ‘cheaters’ in contrast to their prior ‘exemplary standing.’ Plaintiffs’ standing in the community has been significantly damaged which impacts their ability to fulfill their educational and religious missions,” the lawsuit says.

As a result of playing in the club league, the lawsuit says the Capital Athletic League effectively boycotted games against Capital Christian. It details efforts athletic directors and coaches made to avoid scheduling games against Capital Christian during the ad-hoc spring season. As a result, Capital Christian played only three games, none against league opponents. Capital Christian played a full league schedule last fall as regular football competition resumed.

The lawsuit also attacks the CIF for enforcing rules against club football but not other club sports like basketball.

Capital Christian seeks unspecified monetary damages and wants its legal fees covered by the CIF. Capital Christian said in the filing it wants a jury trial. No hearings have been set for the case.

This story was originally published April 28, 2022 at 5:00 AM.