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http://www.cantonrep.com/index.php?C...&ID=168562&r=0

CANTON — Success seemed to come easily whenever Dennis Underwood had a football tucked in his arms. Last fall, he rushed for 1,207 yards and 12 touchdowns as a junior running back at St. Thomas Aquinas High School. He broke tackles and made others miss, drawing the attention of major college scouts.

Now Underwood is asking a Stark County court to help him break an Ohio High School Athletic Association tackle. If that does not happen, Underwood, a heavily recruited 6-foot-3, 190-pounder, will not be able to play OHSAA-sanctioned sports.

Underwood, 19, will turn 20 in February. OHSAA bylaws stipulate that students who turn 19 before Aug. 1 of the upcoming school year are ineligible for high school athletics.

A provision in bylaw 4-2-1 allows those who turn 19 before Aug. 1 to play if the student-athlete has a disability.

Canton attorney Richard G. Bing has filed a lawsuit in Stark County Common Pleas Court seeking a temporary restraining order and permanent injunction to allow Underwood to play. Bing argues the Americans with Disabilities Act protects Underwood.

The ADA is a federal law, and usually such cases are brought to federal court. However, Bing said Underwood cannot afford to bring the matter to federal court.

“If you ever get a case in federal court, you’ll know it (costs more),” Bing said “It takes forever.”

Underwood and Aquinas officials have asked the OHSAA to waive the bylaw because Underwood has a learning disability. In order for the OHSAA commissioner to declare a student-athlete eligible under the ADA exception, the athlete must meet five thresholds:

The player:

• Does not pose a safety risk to himself;

• Does not enjoy any advantages in terms of physical, mental or athletic maturity over other athletes;

• Does not affect the principles of competitive equity;

• Does not displace another student-athlete;

• There is no evidence of redshirting or other indications of academic dishonesty.

Bing argues Underwood meets three of the five thresholds in the ADA exception. The OHSAA requires all five to be met. It could be argued Underwood would displace another student-athlete and that he would have a competitive advantage.

“Dennis was a freshman, and Canton City Schools never gave him the test to know that he had a learning disability,” Bing said. “The kid has a learning disability.”

If the OHSAA granted Underwood a waiver or if he is granted the injunction, he would be a 20-year-old competing in winter and spring sports next year. Underwood plays basketball and runs track.

Bing, however, said if that is a point of contention with the OHSAA, he would stipulate that his eligibility ends when he turns 20. OHSAA General Counsel Steve Craig declined to comment because it is a pending case.

Underwood has several football scholarship offers from Mid-American Conference and some Big Ten schools. Most coaches will honor those offers because they were made based on what he did as a junior.

However, if Underwood is permitted to play this fall, he would have a chance to improve his standing among the elite teams in the country.

If the court does not grant the injunction, Underwood would not be able to play at Aquinas or any other OHSAA-member school. One option may be to play at Western Reserve Academy or a prep school, such as Kiski Prep School in Pennsylvania.

Last season, Underwood, who watched the Ohio State-Michigan game as a guest of the Wolverines last year, was a second team All-Ohio football player. He was a Northeastern Inland District all-star as a sophomore and junior. This spring, he earned Division III All-Ohio honors on three Aquinas relay teams and was a regional qualifier in the shot put.