FILED

11/16/2018 2:51 PM
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS DOROTHY BROWN
CIRCUIT CLERK
COUNTY DEPARTMENT, CHANCERY DIVISION
COOK COUNTY, IL
FILED DATE: 11/16/2018 2:51 PM 2018CH14351

2018CH14351
THE SIMEON ALUMNI ASSOCIATION, )
THE BLUE MACHINE, TAMARAH LESTER,)
as Mother and Next Friend of M.L., CHARLES )
JAMES SR, as Father and Next Friend of C.J., )
AISHA DAVIS, as Mother and Next Friend of )
K.B., TIFFANY FLOWERS, as Mother and ) 2018CH14351
Next Friend of D.F., SHAUNELL CONYERS, )
as Mother and Next Friend of A.B., SHAVONE )
WALTON, as Mother and Next Friend of D.W., )
RONALD LEE, as Father and Next Friend of )
J.L. AND R.L., WILHELM WAIGHT, as )
Father and Next Friend of D.W., KENIA )
WOODEN, as Mother and Next Friend of D.T., )
MARY BOOKER, as Mother and Next Friend )
of R.M., KENYATTA STARKS, as Mother and )
Next Friend of K.B., KEONTIS PARKER, )
MARQUAE KIRKENDOLL, RICHARD )
HARRIS, KENSHAY BROWN, CORDERO )
WILLIAMS, TERESA WILLIAMS, )
BRANDON TAYLOR, MICHELLE JOSEPH, )
AND DONALD THOMAS, )
)
Plaintiffs, )
)
v. )
)
ILLINOIS HIGH SCHOOL ASSOCIATION, )
)
Defendant. )

VERFIED COMPLAINT FOR EMERGENCY INJUNCTIVE RELIEF

NOW COMES the Plaintiffs, THE SIMEON ALUMNI ASSOCIATION, THE BLUE

MACHINE, TAMARAH LESTER, as Mother and Next Friend of M.L., CHARLES JAMES

SR, as Father and Next Friend of C.J., AISHA DAVIS, as Mother and Next Friend of K.B.,

TIFFANY FLOWERS, as Mother and Next Friend of D.F., SHAUNELL CONYERS, as

Mother and Next Friend of A.B., SHAVONE WALTON, as Mother and Next Friend of D.W.,

RONALD LEE, as Father and Next Friend of J.L. AND R.L., WILHELM WAIGHT, as Father
 and Next Friend of D.W., KENIA WOODEN, as Mother and Next Friend of D.T., MARY

BOOKER, as Mother and Next Friend of R.M., KENYATTA STARKS, as Mother and Next
FILED DATE: 11/16/2018 2:51 PM 2018CH14351

Friend of K.B., KEONTIS PARKER, MARQUAE KIRKENDOLL, RICHARD HARRIS,

KENSHAY BROWN, CORDERO WILLIAMS, TERESA WILLIAMS, BRANDON

TAYLOR, MICHELLE JOSEPH, AND DONALD THOMAS, by and through their counsel,

complaining of the Defendant, ILLINOIS HIGH SCHOOL ASSOCIATION, and state as

follows:

INTRODUCTION

Current and former Simeon High School students bring this action to enforce their

contractual rights against the Illinois High School Association (“IHSA”). IHSA is responsible

for governing and administering high school athletics in the State of Illinois.

Simeon Career Academy is home to one of the most notable sports programs in the

United States. Specifically, their “Blue Machine” were Chicago Public League champs in 1983,

1986, 2000, 2003 and 2009. Simeon also represented Chicago Public League football in the

Chicago Prep Bowl for the years 1983, 1986, 2000, 2003, 2009, 2011, and 2012 while winning

the Bowl in 2013, 2016 and 2017.

More importantly, this educational institution located in the Chatham Neighborhood in

the heart of Southside Chicago is dedicated to building strong, principled leaders. Originally

opening in 1949, the Level 2+ Rated School has as 85% graduation rate and is responsible for

educating over 1,300 kids each year. When confronted with serious and corroborated

allegations of collusion and cheating that IHSA done nothing to meaningfully remedy, the

student athletes—buttressed by the love and support of their parents, alumni, and community—

now bring the instant suit.

JURISDICTION AND VENUE

2
 1. Venue is proper in this Court as the cause of action accrued in substantial part in Cook
FILED DATE: 11/16/2018 2:51 PM 2018CH14351

County, Illinois.

PARTIES

2. Plaintiff SIMEON ALUMNI ASSOCIATION (“SAA”) is the official Alumni

Association for Neal F. Simeon Career Academy, under its current and former names for

all alumni who have graduated or at least completed one full academic year. SAA was

created to upgrade and enhance the quality of the academic and social experience of the

students at Neal F. Simeon Career Academy. Specifically, they provide financial support

to the athletic program, grant scholarships to its athletes, and provide donations, such as

food and heaters, to the student-athletes.

3. Plaintiff THE BLUE MACHINE is the Official Association for the Neal F. Simeon

Career Academy football team. Specifically, they provide financial support to the

athletic program, grant scholarships to its athletes, and provide donations, such as food

and heaters, to the student-athletes.

4. TAMARAH LESTER, as Mother and Next Friend of M.L., CHARLES JAMES SR, as

Father and Next Friend of C.J., AISHA DAVIS, as Mother and Next Friend of K.B.,

TIFFANY FLOWERS, as Mother and Next Friend of D.F., SHAUNELL CONYERS, as

Mother and Next Friend of A.B., SHAVONE WALTON, as Mother and Next Friend of

D.W., RONALD LEE, as Father and Next Friend of J.L. AND R.L., WILHELM

WAIGHT, as Father and Next Friend of D.W., KENIA WOODEN, as Mother and Next

Friend of D.T., MARY BOOKER, as Mother and Next Friend of R.M., KENYATTA

STARKS, as Mother and Next Friend of K.B., KEONTIS PARKER, MARQUAE

KIRKENDOLL, RICHARD HARRIS, KENSHAY BROWN, CORDERO WILLIAMS,

3
 TERESA WILLIAMS, BRANDON TAYLOR, MICHELLE JOSEPH, AND DONALD

THOMAS were, at all times relevant, players on the Neal F. Simeon football team. They
FILED DATE: 11/16/2018 2:51 PM 2018CH14351

materially abided by all conditions of the contract and were substantially harmed by its

breach.

5. Defendant ILLINOIS HIGH SCHOOL ASSOCIATION is a voluntary association of

secondary schools, including schools in Cook County, and is an Illinois resident. Its

Constitution, Mission Statement, and By-laws constitute legally binding contracts

among the IHSA and its members.

THE CONTRACT

6. Pursuant to IHSA’s Handbook, “[m]embers of this Association must comply with the

rules as stipulated in the Constitution and By-laws of the Association in all matters

pertaining to athletic and activity programs, competitions and other events, with or

against any other school, whether it is a member or non-member of the Association.

7. Similarly, “[a]ll interscholastic athletic games, meets and contests participated in by

IHSA member schools shall be governed only by the rules written or officially adopted

for those respective sports by the National Federation of State High School Association

and modified by the IHSA.”

8. The National Federation of State High School Association (“NFSHA”) has promulgated

rules for football that state, in relevant parts, that:

a. Sec. 4, Art. 2: No player or nonplayer shall intentionally contact a game official.

b. Sec. 4, Art. 8: Unintentional contact between a nonplayer and a game official in

the restricted area1 while the ball is live.

1
The coaches’ area is a minimum of a 2-yard belt between the front of the team box and the sideline, and becomes
a restricted area when the ball is live.

4
 c. Sec. 8, Art. 1(b): Attempting to influence a decision by a game official.

d. Sec. 8, Art. 1(f): Holding an unauthorized conference.

FILED DATE: 11/16/2018 2:51 PM 2018CH14351

e. Section 8, Art. 3: A nonplayer shall not be outside his team box unless to become

a player or to return as a replaced player. A maximum of three coaches may be in

the restricted area. No player, nonplayer or coach shall be in the restricted area

when the ball is live.

9. IHSA, and each of its agents, had a duty to enforce the above listed rules in order to

avoid the appearance of impropriety and collusion, and ensure a fair and sportsmanlike

atmosphere at its games.

THE BREACH

10. On Saturday, November 10, 2018, Simeon Career Academy played Nazareth Academy

at Gately, Stadium.

11. A number of questionable calls were made during the game by its officiating crew.

12. The game was officiated by IHSA-employed referees.

13. Richard Mercado is a referee employed by IHSA. He is also the father of a player for

Nazareth Academy that, on November 10, 2018, wore the number 7.

14. Although Mercado was not officiating this game, he appeared in his full referee

uniform.2

15. Prior to the beginning of the game, Mercado conferenced with the referees who would

be working the game.

16. Mercado then stood on Nazareth’s sideline for the duration of the game.

17. While on the sideline, Mercado communicated with the referees working with the game.

2
At some point, Mercado put on a coat.

5
 18. While on the sideline, Mercado often left the restricted area.

19. For instance, during one critical call in the game, during which the Simeon quarterback
FILED DATE: 11/16/2018 2:51 PM 2018CH14351

dove for a touchdown that was called back, Mercado is standing right next to the referee

and outside of the restricted box. Richard Mercado

20. Assistant Executive Director Sam Knox stated that, “You’re right. A Nazareth father

was on the sideline dressed as an official. I wish I had a good reason why that happened.

It shouldn’t have happened.”

21. After the game, Mercado posted on the Facebook words to the effect that he used his

influence to ensure that Nazareth won:

6
FILED DATE: 11/16/2018 2:51 PM 2018CH14351

COUNT I: BREACH OF CONTRACT

22. Plaintiffs hereby reallege each of the foregoing paragraphs as though fully set forth here.

23. The IHSA Constitution and Bylaws constitutes a legally binding contract among the

IHSA and its member institutions.

24. Plaintiffs fully performed their obligations under the contract.

25. The actions of the IHSA officials constituted a substantial and material breach of

contract and is arbitrary and capricious.

26. IHSA’s refusal to enforce the Contract constitutes a substantial and material breach of

contract and is arbitrary and capricious.

27. The IHSA’s actions breached the contractual rights of Plaintiffs and all of its students,

and have deprived them of their benefits accruing under the contract. Because no

7
 adequate remedy at law exists, the contract must be specifically enforced to ensure that

Plaintiffs preserve what remains of the benefits of its bargain.

FILED DATE: 11/16/2018 2:51 PM 2018CH14351

COUNT II: DECLARATORY JUDGMENT AND OTHER EQUITABLE RELIEF

28. Plaintiffs hereby reallege each of the foregoing paragraphs as though fully set forth here.

29. An actual controversy exists between the parties. These controversies present concrete

disputes admitting of an immediate and definitive determination of the parties’ rights,

the resolution of which will aid in the termination of the controversy.

30. Plaintiffs complied with, and conducted itself in conformance with, all the contractual

terms of the By-laws.

31. According the IHSA’s rules and By-laws, attempted, perceived, and actual collusion

with game officials is illegal.

32. IHSA’s actions have caused and continue to cause immediate, severe, and irreparable

injury to Plaintiffs for which no adequate remedy at law exists, including but not limited

to the loss of opportunity to play in the next round of the playoffs.

WHEREFORE the Plaintiffs respectfully requests that this Honorable Court adjudge and

declare, in its favor and against the Defendant, as follows:

a. That IHSA be temporarily, preliminarily, and permanently enjoined and

estopped from declaring any winner to the game played between Simeon Career
Academy and Nazareth Academy on Saturday, November 10, 2018;

b. That IHSA be temporarily, preliminarily, and permanently enjoined and

estopped from employing Richard Mercado to officiate any games;

c. That IHSA temporarily, preliminarily, and permanently enjoined and estopped

the team of referees that officiated the game played between Simeon Career
Academy and Nazareth Academy on Saturday, November 10, 2018, from
officiating any games for IHSA; and

d. Any such other relief that this Court deems equitable and just.

8
 Dated: 16 November 2018 Respectfully Submitted,
FILED DATE: 11/16/2018 2:51 PM 2018CH14351

By: s/ Jeanette Samuels

One of Plaintiff’s Attorneys

SAMUELS & ASSOCIATES, LTD.

2925 S. Wabash Avenue, Suite 104
Chicago, Illinois 60616
T: (872) 588 – 8726
E: sam@chicivilrights.com
Atty No. 59553

By: s/ Shay T. Allen

One of Plaintiff’s Attorneys

The Law Office of Shay T Allen

314 N. Loomis, Suite G-2
Flossmoor, IL 60422
T: 708-960-0013
E: sallen@attorneyshaytallen.com
Atty. No. 56088