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The demand of Riley Gaines vs. NCAA took a great step forward on Thursday.
The American district judge Tiffany Johnson partially denied the motion of the NCAA to dismiss, since the demand will continue now.
Gaines and the demanding demanders, composed of current and previous university athletes impacted by transgender inclusion, seek to hold the NCAA for their previous policy that allowed the biological trans athletes to compete in the women’s category.
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Gaines and other swimmers of former feminine women of the NCAA cite their experience competing and sharing a costume with the former transgender swimmer of Upenn, Lia Thomas.
Other demanders in the lawsuit include the former volleyball captain of the state of San José, Brooke Slusser, citing his experience with former Trans teammate Blaire Fleming, and the former female athlete athlete of the Rochester Institute of Technology, Caroline Hill, citing his experience with former Trans -Sadie Sadie Schreiner’s.
Johnson ruled that the plaintiffs have plausibly alleged that the NCAA receives federal financial assistance and, therefore, is subject to the requirements of Title IX.
However, Johnson also ruled that the plaintiffs have not plausibly claimed that the NCAA is a state actor and has not plausibly alleged a violation of a right to body privacy.
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The lawsuit was filed in March last year, two years after Gaines tied up with Thomas in the NCAA Women’s Swimming Championship. Multiple swimmers were forced to share the women’s locker room with Thomas that year.
The demand also appoints the system of the University of Georgia and Georgia Tech (which hosted the 2022 Swimming Championship) as defendants. Johnson gave the university motion to dismiss.
Gaines’ lawyer, Bill Bock of the Independent Women’s Sports Council (icons), praised Johnson’s decision to let the lawsuit proceed against the NCAA.
“We agree with the aspects of the order of Judge Johnson that allows this important lawsuit to proceed against the NCAA. The NCAA has affirmed for years that it cannot be responsible under Title IX, despite the fact that the NCAA controls significant aspects of the university athletes for schools and universities that receive federal funds,” said Bock.
“Judge Johnson’s ruling is an important step for the plaintiffs in this lawsuit, and we are pleased to be able to advance with the lawsuit. Now we will go to the discovery phase and hope to show that the NCAA is totally responsible under title IX.”
Pak Gazette Digital has communicated with the NCAA to comment.
