This is an update regarding the Oklahoma residents and participation in the USAW Kansas Kids State Championship Tournament Series.

On Friday, February 25, 2011 several members of the Executive Council were served with a demand letter from an attorney in Hugoton, Kansas, retained by the parents of several Oklahoma residents, requesting the Executive Council reconsider our position and to allow the participation of these athletes in our Championship Series.

On March 3, 2011 the attorney obtained a restraining order against USAW Kansas Kids. The restraining order prevented the exclusion of several of the Oklahoma participants.

USAW Kansas Kids, Inc. has retained counsel in Stephens County, Kansas to represent the Executive Council and defend our interest.

I have forwarded a PDF file of the Demand Letter and Restraining Order to be posted to the website.

I will keep all informed as warranted as developments occur.

Mr. Matt Treaster
Executive State Director
USA Wrestling - Kansas, Inc.
539 S. Quail Court
Newton, KS 67114

Re: Guymon wrestlers

Dear Mr. Treaster:

I have been requested by the parents of some of the wrestlers who belong to the Hugoton Wrestling Club to contact you regarding a decision made by your Board not to allow the wrestlers who live in Oklahoma to compete in the Kansas State Kids Championship Series. I have reviewed the letter you addressed to Troy Brunson and Jesse Medina dated February 12, 2011, and have agreed to assist the parents in resolving this matter.

In the past two years, I have had the opportunity to travel around Europe for several weeks at a time. I came back to America both times more grateful than ever that I live in a country where I am free to travel from state to state to shop, visit, play, eat, etc., without carrying papers with me and with no “border” issues. As a citizen of Kansas, I certainly understand the need for a state and its representatives to protect and defend our rights as taxpayers and as citizens of Kansas. However, having lived in the corner of this state for twelve years, I also understand and appreciate the need to cooperate with other states in matters that affect us all.

Here in Hugoton, we are 20 miles from the Oklahoma border, 60 miles from the Texas border, and 30 miles from the Colorado border. As such, we have felt extremely blessed by the cooperation of the area towns, be they in Oklahoma, Texas or Colorado, to allow us to compete with them in various sports. One week, my husband and I traveled over 300 miles to see our son play in two LEAGUE football games, both of these games being in Kansas of course. So we are grateful when our non-league games can be played in Hooker, Oklahoma, only 30 miles away, or in Guymon, Oklahoma, only 40 miles away. We are also grateful for schools that send their teams from these towns to play in our tournaments, because schools our size from eastern Kansas do not want to make that drive out to Southwest Kansas. My point is simply that this cooperation among the residents, schools and towns of the various states is a great benefit to all of the families who live here and an extremely positive situation for Kansans in our area.

The kids in Guymon who wrestle in Kansas do so because they love to wrestle, and because they have few other options due to their residence in the panhandle of Oklahoma. The closest Oklahoma town with a wrestling club is two hours away, whereas Hugoton is only 40 minutes away. These families have contributed greatly to the Hugoton program in terms of volunteer hours at tournaments and in coaching. They have spent their money in Hugoton and other various Kansas locales, while traveling to practice and tournaments, thus bringing out-of-state dollars to our economy.

Interestingly enough, the parents I spoke to did not point out any of the above as reasons for asking me to assist them with this matter. They spoke only of the disappointment of their sons.

I have reviewed the documentation brought to me by the parents, and feel that the decision the Board made was in violation of the “due process” provisions of their bylaws. The Board could have voted in their annual meeting in October not to allow the Oklahoma boys to wrestle, but instead it accepted the Oklahoma boys’ dues, and issued cards to the boys and to one of their fathers as a coach which were clearly dated “September 1, 2010 -August 31, 2011".

The subsequent revocation of those memberships, towards the end of the season at a “special meeting” in January, could be construed as capricious and arbitrary. At the very least, it appears to have been done without proper notice or in accordance with the clear terms of Article V of the bylaws. It is my understanding that the notice for that special meeting did not include the purpose for which that meeting was called, and that whatever notice was sent was not delivered at least 20 days before the date of the meeting. In any event, the notice was not sent to the members whose statuses were being decided which I patently unfair, and I believe a judge would agree with me.

As such, I have been asked to file a petition for a restraining order, temporary injunction and permanent injunction, enjoining the Board from enforcing their revocation of the memberships as described above, and from interfering with these members’ right to wrestle in the Kansas State Kids Championship Series. As time is of the essence, unless we can resolve this matter amicably by Monday, February 28, 2011, at 3:00 p.m., I will file the Petition and seek to have the restraining order signed at that time. Any injunction will be decided after a hearing, or course.

My son wrestled in the Hugoton Wrestling Club a few years ago, so I have an idea of what these parents are feeling. I understand their finding it difficult to explain to 8- and 10-year-olds that because they live in the wrong place and because of a decision of some Board somewhere that they cannot finish this season of wrestling. Everyone has to learn the lesson at some point that life is not always fair. But these parents would first like to see if the Board’s decision can be reversed for the remainder of this season.

Thank you for your attention to this matter. Please contact me if you have questions.

Very truly yours,


Shelley K. Kurt

IN THE DISTRICT COURT OF STEVENS COUNTY, KANSAS

JESUS MENDOZA, individually and as father and next friend of MANUEL MENDOZA and MICHAEL MENDOZA, minor children,
and TROY BRUNSON, individually and as father and next friend of HUNTER BRUNSON, a minor child,
and DANIEL MENDOZA, as father and next friend of DANIEL MENDOZA, a minor child

v

KANSAS KIDS WRESTLING, ak/a
USA WRESTLING ASSOCIATION- KANSAS, INC.,
an affiliate of USA WRESTLING

RESTRAINING ORDER
(Chapter 60)

PLAINTIFFS
CaseNo.llCV.5
DEFENDANTS

NOW on this 3rd of March, 2011, the above captioned matter comes on for hearing. Plaintiffs appears by and through their attorney, Shelley K. Kurt, of the law firm ofKramer, Nordling & Nordling, LLC, Hugoton, Kansas.

The matter proceeds to hearing where the Court grants Plaintiffs' request for a Restraining Order to stay and temporarily enjoin Defendant Corporation and its Board from enforcing the revocation of the Plaintiffs' membership privileges, and from interfering with the participation of Jesus Mendoza, Manuel Mendoza, Michael Mendoza, Troy Brunson, Hunter Brunson, or Daniel Mendoza during the remainder of the 2010-2011 season's tournaments and events. No bond or other such undertaking is necessary.

IT IS SO ORDERED.
District Court Judge
Kim R. Schroeder

PREPARED BY:
KRAMER, NORDLING & NORDLING, LLC
209 East Sixth Street
Hugoton, KS 67951
Telephone: 620-544-4333
By:
Shelley K. Kurt, #14504
Attomeys for Plaintiff

Richard, when is the hearing? Does USAWKS have legal representation in the matter and if so who?

THIS IS EXACTLY WHY YOU DONT LET THESE THINGS HAPPEN IN THE FIRST PLACE! Give people an INCH they TAKE a MILE!!! This is RIDICULOUS!!

Thanks, missed that! To all those that voted against the constitutional admendment at the state body meeting last fall, this is what happens when you try to be a nice guy/gal!

Demand Letter

Restraining Order

Correct me if I am wrong but the board did not revoke thier membership cards, the board just said they could not wrestle in the Kansas State Tournament series. The membership cards are still good and they have all the same benefits that they had before the board made it's decision.

I agree ridiculous! Take their money, give them cards, and then kick them out!! Kansas is two timing them. Good luck Hugoton wrestlers and parents on this most ridiculous matter. They could of just not accepted their usa-kansas dues, and that would of been it, but that's not what the board did.

That is correct.

Wow. Just my opinion here....but guess what this is likely to do for these kids next year....yep, no Kansas cards being issued to them at all. Which would probably be the cleanest way to end this, but too bad it has to end this way. Again, in my opinion, poor judgement calls by the executive board caused this.

I believe it's been said before but I believe getting a USAW competitor card does not grant you rights to compete in the state series. Yes, it's a requirement to have a card to compete in the state series (or any USAW sanctioned event), but that card could have been purchased in other states, Missouri for example.

The requirement for the USAWKS series as I read it is:

a) Be a KS resident or,
b) Be a student in KS or
c) Special exception by the executive council

One of the above PLUS a having a valid USAW competitor card (not necessarily bought in KS) is what is needed.

How is KS two-timing? What "USA-KS dues" did these people pay? Did they start the club and paid the sanctioning dues? If so, then I could see the two-timing.

I understand the circumstances but it seems they are just like any other OK kid that comes to KS to compete in tournaments but are not allowed into the state series.

If it were me, I admit I'd want my kids to wrestle but to me it seems the rules are clear. If there was assumption that they would be allowed to wrestle, I'd say that's big assumption and one that creates this situation. No doubt it's an unfortunate situation and I wish everyone involved the best, regardless of the outcome.

Exactly! Failure to act on this by the membership has now had a finacial impact in the form of legal fees.

A little bit of me is now kinda cheering them on! Wrestlers don't quit.

Looks like the restraining order is basically going to allow them to wrestle in this year's state series. If they wrestle next weekend is there really any point to pursue it further. Next year get the admendment passed and put an end to this type of thing in the future.

Perhaps i don't understand how the cards work. But, to my understanding, they got Kansas USA cards so they could wrestle in Kansas because no Oklahoma tourneys. close--why did they just not buy Oklahoma cards--wreslte all Ks. tourneys they want--then wrestle Oklahoma state? Travel?? Not sure where Ok. State tourny held but they would have to come to Topeka. Money? they apparetnly have money for lawyers. We wrestled tourneys in 4 different states this year with our Ks.card--so can we go compete at Mo. or Ind. state etc? Kansas kids only in the Kansas State Tourney.

Folks, this isn't that hard to understand. The state in which the cards are issued has NO bearing on them being able to wrestle in this state or any other. Nor does it have any bearing on them being able to wrestle in a qualifier in this or any other state. Rather, all the cards do is allow them to wrestle in USAW sanctioned tournaments throughout the season throughout the nation. The thing that SHOULD HAVE prevented them from wrestling in our qualifying series was our state constitiution. Like someone said, this will be corrected next fall at the state body meeting.

I don't understand where people associate the idea that having a KS wrestling card allows you access to the state tournament. The state tournament has its own set of rules.
Now in the past the state has given special consideration to these kids and that is where they messed up. The state will have to come up with a very clear (black and white) rule that will allow no exceptions.
Here's a few things bothering me...
People say the state WAITED until January to make a ruling on these kids. But when did these people file the request to be in the state tournament? Was it BEFORE they purchased their cards??? They were fully aware that there was a process that they had gone through in the years past that allowed them special consideration to be in the state series. When you. Are aware that special consideration is made you have also be aware that there is a possibility that a ruling could go either way.
Just because someone makes an exception to a rule does not mean the rule has changed.
Judges in our court system do it everyday. The hand out different fines to different people for the same crime. They make their ruling based upon the situation.
They were aware there was a process.
They were aware there was a risk.
They knowing purchased their cards with the understanding of the risk.
The main question is when did they file their request for special consideration to the state series?