High School Football: Emergency TRO motion denied for Middletown senior
A Butler County judge on Tuesday, Sept. 29, denied a second emergency temporary restraining order motion sought by Middletown senior Kolby Morgerson to resume playing football this season. The decision by Judge Gregory S. Stephens cited an evidentiary hearing is needed “to evaluate the various positions of Plaintiff and [Ohio High School Athletic Association]” and granting a motion without one ...
On Tuesday, September 29, a Butler County judge dismissed a second emergency restraining order request from Middletown senior Kolby Morgerson, allowing him to continue playing football for the remainder of the season. Judge Gregory S. Stephens ruled that an evidentiary hearing was necessary to assess the arguments of both parties before granting the motion.
The denial of the motion means Morgerson will be ineligible to participate in the remaining games of Middletown's football season. The motion was filed just before noon on Friday, September 25, and claimed the Ohio High School Athletic Association (OHSAA) made its decision based on assumptions instead of facts and failed to allow Morgerson, his family, and school administrators to fully present their case.
The OHSAA denied Morgerson's request for an exemption to its transfer rules on July 5 and appealed the decision on August 28, asserting his transfer was solely for playing football and basketball at Middletown. The second motion was filed by attorney Bradley Kraemer on Morgerson's behalf. The first motion, filed on September 15, was denied on September 21.
Judge Stephens stated that the urgency of Morgerson playing in Middletown's home game on Friday, when collegiate scouts were present, was now "moot" due to the decision not to grant the emergency motion. The judge also noted that the first motion was filed after the five-week eligibility clock had started for Morgerson. The OHSAA plans to file a full response to the second TRO motion by Monday, October 12, due to multiple other injunction and appeal cases on similar matters they are preparing for.
Morgerson, who played as Middletown's quarterback through the first five weeks of the 2026 season, transferred from Carlisle High School, where he was a first-team All-SWBL Buckeye Division player in 2025. According to OHSAA rules, transfers become ineligible for the OHSAA tournament and all contests once their varsity team completes 50% of the maximum allowable varsity regular season contests, which is six games for football.
Judge Stephens warned that allowing Morgerson to play in the interim could lead to unforeseen consequences, such as forfeited games for Middletown. The Middletown City School District must respond to the preliminary injunction motion by Tuesday, October 6.
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