Case challenging Michigan high school sports restrictions in court today

A court challenge to the Michigan health department will be heard today as a high school sports advocacy group seeks to overturn epidemic orders that have limited participation in organized competition.

The group Let Them Play filed a lawsuit against the Michigan Department of Health and Human Services in early April that seeks to restore high school sports to pre-pandemic operations.

A motion to consider a temporary pause on orders delivered by MDHHS will be heard today at 10:30 a.m. in the Michigan Court of Claims. 

High school sports has been a battleground between parents and the state, bubbling from a microcosm of consternation among those upset with pandemic restrictions into one of the state's most identified issues. 

"It was an absolute nightmare and disaster this winter," said Jayme McElvany, who represents the group. "Kids were kicked out of their districts and states and finals and their lifelong dreams were taken because they were sitting next to someone six feet away in a classroom both with masks on and that still wasn't good enough."

RELATED: Student-athletes must get weekly Covid tests to participate

But the health department has argued the restrictions have been necessary to keep COVID-19 from circulating in schools. 

Under the state's current restrictions, student-athletes ages 13 to 19 must wear a face mask when competing. They must also comply with a testing regimen. In athletics where wearing a face mask is not possible, the student must be subject to an enhanced testing regimen. 

That means student-athletes must be tested on a weekly basis. The enhanced testing program requires athletes to be tested three times a week. 

RELATED: Last week broke the record for kids hospitalized with COVID-19

Venues with a capacity of 300 patrons that host competition for contact and non-contact sports are limited to 50% capacity.

Prior to the health department allowing all sports to continue with rules, contact sports among organized high school athletics was not permitted. Only activities that did not require groups in close contact were permitted to resume, and even they had rules.

(Michigan Department of Health and Human Services)

In February, Gov. Gretchen Whitmer announced that all winter sports would resume. With cases and test positivity declining in the state, MDHHS saw improving numbers as a reason for lifting restrictions.

About a month later, cases went the other direction. They soared in schools where the health department has identified the state's highest number of outbreaks.