Lawsuit Filed Over Disabled Brick Student's Football Eligibility

The parents of disabled Brick Township High School placekicker Anthony Starego have filed a federal lawsuit seeking to overturn a state athletic panel's decision not to allow their son another year of eligibility to play on the Dragons football team.

Anthony Starego, who has autism and is now 18, gained national fame last year after kicking a game-winning field goal against Toms River North Oct. 19. A video of the kick went viral on the Internet, ushering in media attention as well as a segment on ESPN.

But in March, an eligibility subcommittee of the New Jersey State Interscholastic Athletic Association (NJSIAA) – the state's governing body for high school sports – denied Starego a waiver that would have allowed him to play an extra year, even though his individualized education plan calls for him to continue in high school until age 21.

The NJSIAA panel ruled against Starego, finding that his participation could change the outcome of a game.

The Starego family filed an appeal with state Commissioner of Education Chris Serf, but no ruling has been handed down. The potential delay, Anthony's father Ray Starego said, led him to file the federal suit requesting both the NJSIAA ruling be overturned, as well as immediate, injunctive relief to stay the NJSIAA's ruling.

"In an abundance of caution, because we're basically into June now, we had to go ahead and file the federal complaint," said Ray Starego. "If the commissioner's office takes another couple weeks and still does not respond, we want to be able to move ahead quickly."

The lawsuit seeks to overturn the NJSIAA's decision based on provisions of the federal Americans With Disabilities Act. The suit seeks one additional year of Anthony being afforded the opportunity to play, and states the family will not seek any more participation beyond that.

If Anthony is denied a chance to play, the suit says, he will be denied the right to access Brick Township High School's football field, a public accommodation while he is still a student at the school. The requested accommodation would not "fundamentally alter the game of football" between Brick and other schools, the suit argues.

The Staregos are being represented by New York City attorney Gary S. Mayerson in the matter.

Anthony Starego's participation, the suit argues, would not give Brick an unfair advantage because the placekicker position is generally non-contact in nature and statistics show Starego is a middle-rated placekicker with 125 others ranked ahead of him in New Jersey.

Additionally, the suit claims that Anthony's participation on the varsity squad has been limited, and the NJSIAA's determination that he has participated for his, thus far, four year high school career, can be called into question.

"The Starego appeal is in the hands of the Commissioner of Education," said Steven P. Goodell, the attorney for the NJSIAA, in an e-mail to Brick Patch. "The federal court action they have filed is premature. We will respond in court to the federal court action when and if it is formally served."

For Ray Starego, football is part of his son's development in life, and participation in the sport has helped him develop social skills he'll need in the future. He fears that development could stop if his son is not allowed another season to play.

"He's come halfway at this point, which in and of itself is a miracle, but we need to equip him with as many tools as we can so when he gets out at age 21, he can be a productive member of society," said Ray Starego. "What he gets from football speaks directly to his problems, and that's the critical piece."

The lawsuit states Anthony's participation is supported by his teammates, including the team member who would likely take his place as a starting kicker next season.

As the case works its way through both the state's administrative bureaucracy as well as the courts, Anthony is still working on his kicking skills, his father said.

"We still go out kicking," Ray Starego said. "But he says, 'Dad, I'll go to the weight room when I know I can play.' I tell him that the answer is, 'when they say you can, you have to be ready.'

"The worst thing for an autistic kid, is to not know."