The public schools that participate in the Laurel Highlands Athletic Conference late last week filed petitions with the U.S. District Court in Johnstown seeking dismissal of a religious discrimination lawsuit filed by Bishop McCort Academy.

McCort, located in Johnstown, is one of three religious-based schools in the conference that also includes Bishop Guilfoyle Academy of Altoona and Bishop Carroll Catholic High School of Ebenburg.

While the 19 public schools and three religious-based schools of the LHAC, spanning a six-county area, make for good athletic competition, McCort in its civil rights petition that was recently amended claims it was targeted for removal from the conference based on religious discrimination, in violation of the Equal Protection Clause of the Constitution, and an illegal “civil conspiracy” that not only involved the public schools, but the Pennsylvania Interscholastic Athletic Association, which regulates athletic competitions of high school and junior high school sports throughout the Commonwealth.

McCort, in its amended lawsuit filed on May 29, argued that the issue goes back to the COVID-19 pandemic when Tom Smith, the school’s principal, chief administrative officer and head football coach, appeared in the news and indicated that while many public schools were closed, Bishop McCort was offering classes remotely and “offered to allow public school students to attend classrooms remotely.”

“Smith’s comments, he explained, had nothing to do with athletics, but among those students who transferred were ‘several student athletes.'”

The lawsuit claims that Smith’s comment “inflamed” public school officials, and that within 24 hours of his comments, PIAA officials responded, contending his comments “may violate the PIAA by-laws and constitution in regards to recruiting.”

McCort was “ultimately sanctioned” for recruiting violations.

On the other hand, when McCort complained to the PIAA about violations by the public schools, the PIAA “did nothing,” the lawsuit charges.

The do-nothing policy, it continues, included an admission by a PIAA official that the intent of the public schools “was to target the Catholic Schools, which specifically include Bishop McCort.”

The ongoing issue of “disparate treatment” by the PIAA and the public schools manifested within the last few months when the LHAC executive committee requested conference schools to commit to a four-year extension for the school years of 2027 through 2031.

What concerned McCort was a recent amendment to the LHAC constitution making it easier to expel member schools.

McCort applied for continued membership in the athletic conference, but word began to spread that the Johnstown-based academy was targeted for expulsion under the new rules.

That led to the filing of the discrimination lawsuit, filed on McCort’s behalf by attorneys George R. Farneth II of Pittsburgh and Nicholas A. Miller of Bridgeville.

In January, a vote on membership took place and, although two public school districts voted against McCort, the school was overwhelmingly accepted for continued membership.

Despite the vote in McCort’s favor, the lawsuit remains active, and during the past six days attorneys representing the public schools filed petitions with U.S. District Judge Christy Criswell Wiegand in Pittsburgh seeking dismissal of McCort’s present complaint.

Attorney Jennifer L. Dambeck of Altoona, on behalf of 12 of the public schools, contended that McCort does not have standing to sue.

“(McCort) does not allege any injury … and continues to admit that it was not removed as a member of the LHAC,” Dambeck stated.

She explained that McCort indicates that it would have been voted out if not for the filing of the lawsuit, but the defense attorney stated that assumption “is speculative and insufficient.”

“As (McCort) has failed to suffer an injury in this matter, and the (amended complaint) does not otherwise allege a realistic danger the Bishop McCort would be removed from the LHAC in the future, the Second Amended Complaint fails to allege standing sufficient to establish an injury for standing purposes,” the answer to the lawsuit stated.

McCort, Dambeck continued, does not even mention any “negative impact to its membership, eligibility or participation in the LHAC.”

Dambeck noted McCort has presented no facts regarding disparate treatment by any of the districts.

The defense pointed out that McCort has not shown there was an agreement among the public school districts to remove the school from the LHAC — when the agreement was made, the period in which the alleged conspiracy was in effect and the parties to the agreement.

A second challenge to McCort’s complaint was filed by attorneys Thomas W. King III, Thomas E. Breth and Ronald N. Repack of Butler on behalf of six other districts.

It too emphasized that McCort has failed to allege any injury it has suffered and noted McCort’s claims “remain dependent upon speculative and contingent future events.”

“So far McCort has not stated a claim to prove a violation of First Amendment Religious Expression discrimination, a violation of the Fourteenth Amendment Equal Protection Clause, or a Civil Conspiracy to violate McCort’s Constitutional rights,” the answer concluded.

The PIAA has yet to fully answer the amended complaint, but maintained in a prior petition on its behalf that Smith’s example of disparate treatment by the PIAA during COVID is a charge well beyond the Statute of Limitations.