TASO continues to get favorable rulings in its lawsuit against the UIL.   On January 13th the trial court entered a restraining order against the UIL to prohibit it from going forward with its officiating program.   The UIL then filed a motion to stop the scheduled depositions of Mr. Timmons and Mr. Breithaupt.  The court ruled against the UIL and held that these depositions should go forward.  The UIL then filed a motion arguing that the court did not have jurisdiction over this dispute.   The court again ruled against the UIL and said that it did have jurisdiction.   The UIL immediately appealed the trial court’s decision to the Third Court of Appeals in Austin, Texas.   This appeal stopped the depositions from going forward and all other activity in the state court action.  TASO then faced the risk that the Restraining Order previously entered against the UIL would expire.  Accordingly, TASO’s lawyer asked the Court of Appeals to separately issue its own injunction against the UIL.  After reviewing the multiple briefs and record submitted by the parties, today the 3rd Court of Appeals issued its own Writ of Injunction against the UIL.   In its injunction – the Court of Appeals stated that it is prohibiting the UIL from:

 

 (1)        enforcing, implementing, or taking any action to effectuate the adoption of the November 6, 2009 changes to the UIL’s Rule 1204, with the exception of any further meeting of the legislative counsel to revise or amend the rule;

 (2)        taking any action seeking to compel, coerce or encourage any person not to register with TASO as a sports official or to register with the UIL in lieu of registering with TASO as a sports official; and

 (3)        charging or collecting any fee, tax, or other revenue directly from any current TASO sports official as a condition of engaging in the officiating profession.

 This injunction against the UIL will remain in place during the pendency of the Appeal – which could last anywhere from 2 to 6 months.  Once the appeal is resolved and the case goes back to the trial court, TASO will again seek to keep the injunction against the UIL in place.

 If any TASO member becomes aware of any communication or act by the UIL, or any UIL representatives, which violates the above court injunction – please advise your leadership immediately so that the appropriate action can be taken.

 
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