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Jenks third-grader is back in the game, judge rules
IN AGAIN
Brayden Mathis:
Conference officials
had voted to
remove him from
his Jenks team.
By BILL BRAUN World Staff Writer
Published: 10/23/2007 2:09 AM
Last Modified: 8/27/2008 1:53 AM
A judge decided Monday that a
third-grade Jenks football player
should be allowed to return to his
team and resume playing.
Tulsa County District Judge Daman Cantrell issued an injunction to
prevent the removal of 9-year-old
Brayden Mathis from an Indian Nations Football Conference program.
Cantrell said his ruling "does not
in any way impugn the need to have
rules for parents to follow."
Brayden's father, Tony Mathis,
said he was "overjoyed" with the
court's decision.
Conference officials voted last
week to remove Brayden from his
Jenks team, contending that the
Mathis family violated an agreement
to move into the Jenks district.
The family lives in the Union
school district but has a contract
and a November closing date to buy
a house in the Jenks district, testimony indicated.
District Judge Gordon McAllister
had declined Thursday to issue a restraining order that would have prevented Brayden, a quarterback,
from being removed from his team.
A hearing on the injunction request was conducted Monday by
Cantrell. Brayden did not attend the hearing.
Mathis said his son missed
one football game, but Cantrell's ruling paves the way for
Brayden to play in the final
regular season game and to
participate in playoff competition.
Attorney Steve Hjelm, representing the Mathises, asserted Monday that confer-
ence officials broke an agreement reached in July that settled a previous lawsuit
filed by
the family.
Attorney Tom Askew, representing the conference, said
the settlement called for the
Mathises to relocate to the
Jenks district by Sept. 1.
Conference Commissioner
Tom Lott testified that the "final agreement" was for the
Mathis family to be moved by
Sept. 1, with an agreement to
allow "a little extra time" if
there was a closing problem in
the move.
"No one is bigger than the
rules," Lott testified. "We can't
allow parents to dictate."
But Hjelm maintained that a
letter regarding the settlement indicated that Tony
Mathis "was to make his best
efforts" to move and that
"there was no deadline."
Mathis testified that Brayden previously went to school
in the Union district but now
attends school in the Jenks
district, which the father said
was a condition set in reaching the settlement allowing
Brayden to play with the
Jenks team.
He indicated that the other
condition is for the family to
relocate to the Jenks district,
which it is in the process of doing.
The lawsuit Mathis filed in
July against the conference --
the umbrella league that includes Union, Jenks and other
districts or leagues -- sought
to force the conference to let
Brayden enter the third-grade
football draft in Jenks or halt
the draft until residency questions could be resolved.
The family decided to
switch districts after conflicts
arose with their son's coach at
Union.
Mathis said the family has
had three open houses and reduced the asking price of their
home in the Union district in
an effort to sell it.
"We're already going to lose
money when we sell it," he
said Monday.
After Cantrell's ruling,
Mathis said, "I want people to
see that we kept our end of the
agreement."
A breach of agreement action filed by Mathis against
the conference this month
was not resolved by Cantrell
on Monday.
Bill Braun 581-8455
bill.braun@tulsaworld.com
By BILL BRAUN World Staff Writer
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