WE WON! #LJV Luther Johnson, V

We beat the FL High School Athletic Association and got this star student-athlete lacrosse player with a >4.0 GPA from Christopher Columbus High School back on the field! Here's the video of when the Judge granted our Injunction.

They appealed. We won again.
LJV never missed a game!

In over 32 years only 4 Attorneys have beat the FHSAA in Court STATEWIDE.
We're one of them!

Update 01/21/2021. This Case Is Now Closed.

On 04/05/19 Luther was banned from ALL sports for an ENTIRE YEAR (his upcoming Senior Year) by The Florida High School Athletic Association's (FHSAA) Executive Director George Tomyn for the in-game Lacrosse play you just saw on this video for alleged unsportsmanlike conduct. Luther plays football and Lacrosse for Christopher Columbus High School in Miami. He is the only black player on his Lacrosse team. During these games, he was the only African-American player in the entire game. On 06/10/19 at a Hearing before the Full Board in Gainesville and over Mr. Tomyn's objection to let the Board know it would be reversing a decision he'd made, the Board reversed (?) the full-year ban decision to banning Luther from ALL football games this year and 1/2 the Lacrosse season next Spring. It was like changing a F to F+. He stands to lose all his Football and Lacrosse recruiting offers, including those from Ivy League schools. We need your Support NOW to ensure this does not happen. Let me start by introducing you to Luther Johnson, V, (aka "LJV"), provide the details of the two Lacrosse games at issue with the FHSAA, and end with the steps you can take to help all by using the 1-click buttons at the bottom of this page:


1) WHO IS LUTHER JOHNSON V (AKA "LJV")

Luther is the son of Mr. and Mrs. Luther Johnson, IV, and Antionette Johnson. His father is a Coach and his mother an Educator. He has a >4.0 G.P.A.., has never been disciplined by his school academically or in sports (including NOT disciplined by the school for either play at issue with the FHSAA), and has played sports since he was a little kid, including football, soccer, and Lacrosse. He is the only African-American on his lacrosse team. His Principal and Athletic Director testified in his defense. He has never been disciplined by the FHSAA in football. Prior to this past spring, he's never been disciplined in any sport at all. He has sports recruiting letters from over 15 Universities including Yale and Harvard for football (EXHIBIT A: SEE LETTERS BELOW). He was elected President of his school's Christian fellowship. He has never been arrested or charged with a crime. He is active in his church and the community. He is a Nation United Lacrosse Ambassador and was recently named its 2020 Lacrosse Defender (EXHIBIT B: NATION UNITED). His School Administrators, Athletic Director, Pastor, classmates, friends, family, childhood Lacrosse coach, Nation United, local politicians, the NAACP, and so many others of all races have testified in his behalf before the FHSAA and/or appeared at events in his behalf. His life speaks for him. He IS a kid worth saving not only for all kids, but for our young African-American boys to see and model his accomplishments. He deserves better than the metaphorical F to F+ punishment the FHSAA gave him.
(Update 12/2019: LJV got his ACT score back. He made a 30!!)


2) 03/04/19: Lacrosse Game against Marjory Stoneman Douglas (MSD) High School in Parkland, FL:

A) Luther was suspended 6 games by the FHSAA despite being the victim of known repeat on-the-field attacks from MSD players consisting of multiple death threats and repeatedly being called the "N" word. He was not just the only black player on his team, but the only black kid in the entire game. At one point during the game the racial tension culminated in one of the MSD players and Luther having an interaction which FHSAA deemed a fight or unsportsmanlike conduct. Both players were suspended. But according to even the non-African-American eyewitness parent's emails to the FHSAA, Luther was the "victim" who was defending himself against the "aggressor" after the Officials refused to intervene in MSD players repeatedly taunting and calling this kid the "N" word despite it being reported to them. Officials levy penalties during the game and the penalties are reported up through the FHSAA by the Officials and/or schools and coaches. The sanctions are appealable up to the Board to Executive Director Tomyn or by request to the Full Board, which has has the Final Say before any Court remedy can generally be sought (i.e., exhaustion of all Administrative remedies).

B) Multiple parent eyewitnesses emailed Mr. Tomyn and others at FHSAA re: the opposing players repeatedly calling LJV the "N" word and how it was reported to Officials who refused to intervene (EXHIBIT C: SEE PARENT'S EMAILS BELOW). The parents stated the "racially charged atmosphere spilled over" into the bleachers to where MSD students were arguing with Christopher Columbus parents trying to de-escalate the situation. A parent stated it made him "sick to [my] stomach" to see how Luther was treated at that game. A parent stated Luther was the "victim" who "never even threw a punch" when attacked by the "aggressor" and even identified that offending player by name and number.

C) Christopher Columbus and LJV's parents appealed the discipline. Per the FHSAA's bylaws, the Appeals must originate from the school. The FHSAA has specific policies/bylaws regarding the conduct of students and crowd control by the host school during games. Neither the Officials or MSD complied. Despite the eyewitness accounts of what occurred, Luther being the victim, and MSD's/Officials failure to comply with its policies, the FHSAA upheld the sanction of suspension and just reduced it one week to 5 weeks. By the time it even heard the appeal, 5 weeks had passed.

D) Due to the FHSAA's inaction against these multiple non-black student-athletes, MSD, and game officials who created such an unchecked racially discriminatory environment, and wrongfully upheld action against Luther, he now has a substantial blight on a previously stellar academic and sports high-school permanent record. They have essentially labeled him a violent kid for every college and university that will see his permanent record. For a young black boy, that can be a label from which he is never fully made whole.

E) Of note, MSD is the same school in Parkland, FL where a lone gunman tragically shot and killed 17 people last year including multiple students. Of all schools, it is the last school anyone would now expect to tolerate any such unconscionable atmosphere of unchecked bullying and racial slurs against any student. Further, its Coach Ryan Burton later posted an inappropriate public post on LJV's Go Fund Me page a month later about Luther trying to clear his name (SEE EXHIBIT D: COACH BURTON'S POST). Luther does not even attend MSD or know this Coach personally. We have no idea why this adult is posting bullying messages to this kid on a public forum.


2) Game 04/05/19: Lacrosse Game at Belen (the game in the video):

A) Luther's first game back was against Belen High School in Miami. to the best of his parents and his recollection, he was the only black player in that game. In that game, he made the less-than-20-second play you saw in the video.

B) He was sanctioned a ONE-YEAR ban from ALL sports for this play.

C) Christopher Columbus and his parents appealed with the assistance of Attorney Williams. The FHSAA has precedence in overturning a one-year ban.

D) We obtained written review of the play from non-interested well-seasoned Lacrosse coaches (non-FHSAA, Christopher Columbus, or Belen coaches), including from a college Division 1 Lacrosse coach. Both coaches not only pointed out that other players made similar or harder hits in this game PRIOR to Luther's play even to the point of identifying at least one player by number, but that the HARSHEST penalty should have been 1 - 3 minutes for multiple players (EXHIBIT E: COACH REVIEWS)

E) Those players are not black. They were not ejected from the game and given a one-year ban from all sports for those plays as was Luther.

F) This lower committee consisted of approximately 5- 7 people. Video of the play, written statements from both Lacrosse coaches who reviewed the play, recruiting letters from Universities, testimony from Principal Pugh and Athletic Director Mr. McKeon, testimony from Luther and his family, video of a similar play by other players in a different game (EXHIBIT F), as well as other evidence, was introduced. The committee was made aware of what occurred at the prior MSD game re: the "N" word where the 6-week suspension occurred. After hearing punishment was reduced to 5 weeks in response to their question re: the outcome of the School's prior appeal, one board member made a statement to the point that Luther got into trouble after he returned and she was ready to vote right now! The committee upheld the one-year ban.

G) We appealed to the Full Board. That meeting was held on 06/10/19. Attorney Williams, LJV and Mrs. Johnson physically appeared in Gainesville. Mr. Johnson remained in Miami to appear via closed-circuit with the School and several supporters. In addition to the prior evidence, we had new emails from CC students who were on the field during that game affirming the threats, "N" word, and that it was reported to Officials who refused to intervene. This was important because Mr. Tomyn's authority to have levied the one-year ban is predicated on a prior Level 2 (suspension) having been issued per the bylaws.

H) At these hearings, the student-athlete's side is given 10 minutes to present followed by 10 minutes for the Board. The Board makes it decision by majority vote.

I) We argued that the one-year ban was excessive in and of itself for the non-malicious play with no intent to injure during an active game in a physical-contact sport where all players agree to physical contact, as supported by the reviews by the Coaches, and that it was in violation of the high-school Lacrosse rules which I enumerated by rule and commensurate penalty.

J) We argued that it was unlawful because it was predicated upon a wrongfully upheld prior sanction of the 6 week suspension (Level II).

K) And we argued that these decisions are based on different and discriminatory treatment based on race wherein LJV was the only black kid in the game and was intentionally and selectively treated different from other non-African-American kids similarly-situated in that game because none of those kids, despite the Coaches identifying that their plays were similar or harder hits prior to Luther's play, received an ejection and/or one-year ban for that game. We further argued that the FHSAA ratified discriminatory and disparate treatment based on race when it upheld its Official's prior suspension of Luther at MSD where he was the known victim of ongoing willful racially discriminatory treatment by non-black student-athletes, MSD host school, and its Officials under its jurisdiction.

This was made even worse by the FHSAA's ratifying response, on record via court reporter transcript, at the hearing of that it didn't want to hear about Luther being called the "N" word, that it wasn't an "injustice." about the N word. Luther was told the Board was sure he'd heard worse and to learn to play through it.


L) Because it is equally important to give credit where it is due and not gloss over Board members who believed the punishment was grossly unfair and sincerely tried to reverse the one-year ban to allow Luther to play football and miss a few Lacrosse games, I must state that a select few really fought for that result, making motions to that point. Multiple times, the votes were interrupted by Executive Director Mr. George Tomyn to remind them they would be "reversing a decision" that he'd made or that the shorter punishments they recommended couldn't be proposed that way due to new rules they'd discussed and/or were putting in place.

M) There was no rhyme or reason as to how the number of games was determined. Board members just kept arbitrarily throwing out numbers, making motions, hearing Mr. Tomyn, and taking votes until a majority vote could be obtained. One Board member kept stating that she couldn't get over that the kid in the video was "hurt" in the play. I reminded her that this is a physical contact sport where, unfortunately, kids do get hurt, and Luther had no intent to hurt him. Others stated they knew nothing about Lacrosse and asked their Staff if I was right about the penalty rules. Their Staff responded affirmatively but that they agreed with the one-year ban. At some point during this discussion, Mr. Tomyn reminded them that he and his Staff had worked hard on making this decision and that it had (incorrectly) been through several committees/appeals before coming to him. It had only been through one committee prior to being appealed to the Full Board. Further, their Staff have a motive to agree with Mr. Tomyn's decision since their his staff.


Finally, almost an hour later, a member made a motion to which Mr. Tomyn didn't interrupt them and that obtained a majority vote:

Banned from all sports until the 10th week of Lacrosse.
This means that since football season is prior to Lacrosse season, he could not play football.
This was the arbitrary reason for the football ban.

Luther broke down and cried.


CLOSING

In closing, Luther's done everything he's been taught and told to do, never being a problem kid, only to see a bunch of High-School Teachers, Administrators, and Coaches, reduce all his hard work to sum zero. And not one knows how to play lacrosse.

We now have to file a Lawsuit and Motion for Injunction to stop their actions.
At the request of his school's alumni, we waited as they tried to resolve this situation post-6/10 hearing without the expense and time of Court intervention all the way into July to no avail.

The FHSAA is a board of educators. And if they can't understand the significance of destroying a kid's entire future --- especially one who had a perfect record his entire time in school, who else will protect our children?

Luther Johnson, V, is the ideal student-athlete. He is worth fighting for. We will not let Goliath win. We don't have to.
#LeaveThisKidAlone