MANDATA - Line Mountain has been billed $4,268 so far in legal fees by the firm defending the school district in a federal lawsuit filed by the parents of a female student who wants to join the district's all-male wrestling team.
The total for legal representation, however, won't exceed $10,000, which is the amount of the deductible for the district's liability policy with Liberty Mutual, said solicitor Rich Roberts.
The district on Friday replied to a right-to-know request filed by The News-Item Nov. 15 to obtain copies of invoices for legal services submitted by Marshall Dennehey, Warner Coleman & Goggin in Camp Hill.
The first invoice, dated Sept. 16, was for $3,039.49; a second, dated Oct. 15, was for $1,228.50.
The firm will continue billing the district until $10,000 is reached, and then Liberty Mutual will be billed, Roberts said.
The district pays $62,598 for insurance coverage, which includes property, crime, inland marine, general liability, professional liability, automobile, umbrella and accident, said business manager Phil Rapant.
School board Director Lamont Masser reiterated his views Friday that the district is wasting time and taxpayer money by defending the lawsuit, filed by Brian and Angie Beattie, Herndon, on behalf of their daughter, Audriana, a seventh-grader.
"I think it's an unnecessary distraction. It's an unfortunate circumstance all around," he said.
At last week's board meeting, a motion by Masser to allow Audriana to participate in the wrestling program and take steps to withdraw from the lawsuit received no support from fellow board members.
Masser said the lawsuit is distracting the board from its focus on education.
The district argues that Beattie can't join the team because the wrestling program is gender-specific and that allowing her to join opens the district to liability. It says they are protecting Audriana and male athletes from potentially awkward situations and sexual contact during practices and matches, and the psychological scarring and inevitable injury and defeat of female wrestlers.
Her parents say the district is discriminating on the basis of sex in violation of equal protection and rights under the national and state constitutions.
A hearing was held Wednesday in Williamsport at which seven witness, including Audriana, took the stand to testify over a period of 5 1/2 hours. U.S. District Judge Matthew W. Brann won't be ready to rule until mid to late December.
Brann had ruled Nov. 1 that Audriana is allowed to participate in the wrestling program until the suit is settled. Superintendent Dave Campbell said the district is following the order. Practices started Monday.
Club's motion denied
Brann also denied a motion this week by Pennsylvania Wrestling Club to intervene in the federal lawsuit and be added as a plaintiff while asking that the Pennsylvania Interscholastic Athletic Association (PIAA) be added as a defendant.
The club argued that Line Mountain can't establish a statewide female wrestling program, but the PIAA can.
Club attorney Lawrence M. Otter, Doylestown, filed a motion Tuesday to halt Wednesday's court hearing so the club and PIAA could be added. He apologized for the "11th hour motion," saying he was tied up in other litigation and traveling between Bucks County and Harrisburg.