The playoff future of the Butler Golden Tornado football team took another turn this week following an appeal by the PIAA.
The PIAA lost a case last week arguing that Butler was not eligible for the District 10 Championship. Attorney Tom Breth, who also serves as the Butler Area School District solicitor, made the case that the PIAA’s decision to initially ban Butler from the postseason was “arbitrary and capricious,” and that it violated the PIAA’s “constitution, bylaws, policies, and procedures.”
Senior Judge Robert Yates, who is from Mercer County, heard the case last week and ruled in Butler’s favor. Now, the PIAA is seeking an emergency stay of that order in an effort to prevent Butler from playing Friday night. The PIAA filed for those hearings to be heard once again by Judge Yates and in front of the Commonwealth Court. Both of those hearings are expected to happen Thursday afternoon.
“God only knows why [the PIAA] is seeking the stay,” Breth said. “They’re saying that the Erie School District is the football team should be playing in the game Friday night.”
The PIAA has asked for the emergency stay in both the Butler County Court of Common Pleas and with the Commonwealth Court.
“[The PIAA] going to have to allege and establish that they would be irreparably harmed if the stay is not put in place; that they have a high degree of probability that they would ultimately prevail” Breth said. “They would have to establish that there would be greater harm if the stay isn’t put in place and that the stay is needed to protect the public interest.”
“None of those they are capable of establishing.”
The PIAA in their initial argument said that Butler playing in the District 10 championship would cause “chaos,” which is why they are seeking to block the Golden Tornado from the playing. Butler did play in the District 10 championship game in 2021 against McDowell. It was a couple of months after that game that the WPIAL banned Butler from participating in another district’s playoff.
Breth says both judges hearing the case are aware that the championship game is tomorrow night. He was also quick to point out that hasn’t stopped the PIAA from selling tickets to the game.
“Of note, which is a little bit surprising that the PIAA is arguing in two separate courts that Butler should not be permitted to play, while at the same time they’re selling tickets for the Butler and McDowell football game Friday night,” Breth said.
If Butler does play, it will be at Erie Veterans Stadium at 7 p.m.
