By Mitch Stephens
MaxPreps.com
OAKLAND, Calif. – Ten days after its season appeared over, Placer High School’s football team is finally in the Sac-Joaquin Section playoffs.
Colfax, which was inked into the postseason, is out without even making a playoff snap.
In an unprecedented California case, an Alameda County judge ruled Monday that a California Interscholastic Federation bylaw violates state law, making Placer junior defensive back Dalton Dyer eligible and wiping away three Placer forfeit defeats.
After 90 minutes of hearing arguments and an hour more of deliberation, Judge Judith Ford ruled that the bylaw went against California Assembly Bill 490, which was founded to protect foster youths when they relocate and enroll at new schools.
Dyer let out a giant holler once he left the courtroom and was embraced by his aunt, counsel and Placer head coach Joey Montoya.
"I feel great," Dyer said before being whisked away by an entourage of support.
Montoya was equally joyous but said he had to high-tail it to Placer, a two-hour drive east, to start his team's first practice in more than a week.
The Hillmen play defending champion Oakdale in a first-round Sac-Joaquin Section Division IV game on Friday. Oakdale was supposed to play Colfax last Friday before another Alameda County judge handed down a temporary restraining order to delay the game until Placer's case could be decided.
After the ruling, Placer and Colfax finished 6-4 overall but Placer won a head-to-head road game 34-28 on Nov. 7.
"The fact of the matter is we were fighting all along for what we believed is right," Montoya said. "Sometimes when big things don't go in your favor you have to go through a tough process. We're just happy that it turned out like it did."
As was the National Center for Youth Law, which took on the case after Placer lost an appeal to the CIF on Nov. 15.
“We are happy for our client but more important, it’s a triumph for all foster youth," said center attorney Leecia Welch. "We commend Dalton for standing up for what’s right. It wasn’t easy for him or for his coach. We know it has been a challenge for the entire (Placer) community, but we are proud we could play a part in this decision."
Last month, Dyer, who has been in and out of foster care most of his childhood, was deemed ineligible by the Sac-Joaquin Section in accordance with CIF rules because proper "hardship" transfer paperwork was not filed.
By using an ineligible player, the Hillmen forfeited five games (three wins).
Dyer attended Vallejo's Bethel High last school year before moving in with his Aunt during the summer in Auburn.
A CIF appeals committee upheld the SJS decision the day after the regular season and Montoya called all of his players to tell them their season was over.
"The kids started moving on and getting ready for next year," Montoya said.
But that's when the foster child advocacy group intervened and filed a court action Thursday on behalf of Dyer. The following day, a judge handed down the TRO to the CIF and Placer's season once again saw a glimmer of light.
On Monday after Ford's decision, Dalton and Montoya left beaming. They sat together quietly, nervously and fidgeted in the front row throughout the proceedings.
"At least we're still in the fight," Montoya said the ruling. "We'll see what happens (against Oakdale)."
Welch said she has empathy for the Colfax players who practiced last week and Monday and were actually on a team bus to Oakdale when it was informed Friday's game was ultimately cancelled. But she hopes the players will see the bigger picture.
"The bottom line is that Placer beat Colfax and they deserved their spot in the playoffs," she said. "While my heart goes out to the youth and I know there’s going to be disappointment, I hope that they’ll understand. ... The importance that the right team is in the playoffs."
Much more important than the game or playoffs, Welch said, was simply their client.
Dyer had overcome numerous obstacles and finally landed on his feet in Auburn but just when it appeared all was grounded and good, the paperwork snafu surfaced. He felt responsible for his team's demise though the school's athletic director Mark Lee took full blame for the oversight.
A group of Placer parents, led by attorney Art Woodward, noted in the CIF paperwork that foster kids had an extra hurdle to clear and thus the litigation began. Ultimately Ford agreed.
"Whatever we could do to help Dalton that is what we wanted to do," Welch said. "This has always been about Dalton. ... We're just incredibly proud of him. I think he's wise beyond his years."
The judge promised a written order to make clear her decision and Dyer's attorneys hope that Monday's decision not only apply to their client but other foster children hoping to participate in all high school activities.
They argued throughout the proceedings that under the CIF guidelines that foster kids are required to apply for hardship transfers and others who move with their families are not.
CIF counsel maintained that its by-laws aren't to create barriers, but simply act as requirements to combat a growing trend of recruiting and team stacking. Federation attorneys also said they were willing to require paperwork from all transfers rather than change the current process.
Bur Ford was emphatic with her ruling but said the CIF could manage the football playoffs however it saw fit.
The CIF declined comment after the decision, but SJS Commissioner Pete Saco issued this prepared statement on the section's website:
“While we strongly disagree with the decision, we respect the judge’s ruling and will move forward in accordance with it. Longer term, we will be exploring our options, but for now we look forward to resuming and completing our Section football playoffs without any further distraction.”
The Section also released its Division IV playoff schedule, basically pushing it back a week. The semifinals will take place Dec. 5 at 7:30 p.m. with the Placer-Oakdale winner traveling to Dixon and Whitney hosting Sierra.
The championship game is scheduled for Dec. 12 at 7:30 p.m. at a site to be determined.
“While some playoff teams will be delayed a week, it’s critical we complete the first playoff round before moving into the next round,” Saco said. “This ensures no team gains an unfair advantage by having an extra week to prepare for its game. This approach may be inconvenient but it is the fairest way to proceed.”
E-mail Mitch Stephens at mstephens@maxpreps.com.
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