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Bishop McCort Academy has asked a federal judge for permission to file an amended complaint in its ongoing religious discrimination lawsuit against the 18 public school districts that comprise the Laurel Highlands Athletic Conference.
The Johnstown-based school earlier this year sued the LHAC, charging that a recent amendment to the organization's constitution was aimed at removing McCort, as well Bishop Guilfoyle Academy of Altoona and Bishop Carroll Catholic High School (the religious schools), from the conference.
The Pennsylvania Interscholastic Athletic Association is also named as a defendant in the McCort lawsuit.
The lawsuit contends that an attempt to remove McCort from the conference is a violation of the First Amendment and the Equal Protection Clause of the United States Constitution.
The lawsuit also charges the public schools with a civil conspiracy to violate the school's constitutional rights.
The case is being heard by U.S. District Judge Christy Criswell Wiegand.
The controversial amendment approved by the LHAC board in January changed the way schools can be removed from the conference.
The initial governing document passed in 2022 specified that a school could only be removed for cause and even if there was cause, it would still take a two-thirds vote for removal.
Under the amended version, member schools were asked to re-commit to the conference for 2027 through 2031, and schools could be removed from the conference by two-thirds vote of the member schools.
McCort has charged the amendment set up a process by which a school could be removed without showing cause.
At a recent meeting of the LHAC executive board, McCort's membership was approved, with only two schools in opposition.
However, the battle for McCort may not be over.
In its latest filings with the federal court, it is pointed out that the new amendment does not go into effect until this July, and there is fear that using the amended LHAC constitution, McCort could yet be a target.
McCort's attorneys, George R. Farneth II of Pittsburgh and Nicholas A. Miller of Bridgeville, asked court permission to file an amended complaint to more fully explain why the lawsuit was filed.
The public schools and the PIAA have asked that the McCort lawsuit be dismissed.
The petition seeking permission to file an amended complaint is unusual.
As the McCort attorneys pointed out, "There are no local rules or courtroom procedures and policies that require circulation of a proposed amended complaint before it is requested."
But, in discussions with opposing attorneys, "they are not in concurrence" with the proposed new filing, according to the plaintiff's attorneys.
The amended complaint will indicate in greater detail the disparate treatment being shown by the PIAA when it comes to complaints concerning athletic recruiting by McCort as opposed to complaints made against public schools, the attorneys for McCort argue.
Also, the amended complaint will also address "facts related to the real, and credible threat, of the public schools using the amended LHAC constitution to target Bishop McCort due to its identity as a private institution," according to the attorneys.
The judge in an order issued Tuesday instructed the defendants to respond to the request by Friday.