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'Bar B Que' Yee denied temporary injunction to play baseball

Judge denies temporary injunction for transfer student who wants to play varsity baseball.

PORTLAND (NEWS CENTER Maine) - A homeschooled student, who transferred to Deering High School in Portland, will not be allowed to play varsity baseball.

Deering’s principal denied Princehoward Yee’s eligibility because he believed Yee transferred primarily for athletic purposes. Yee’s father then filed a lawsuit in federal court requesting a temporary injunction, that would allow him to try out for the team.

On Wednesday Yee, who goes by his legal middle name Barbecue, left federal court with his family and attorney disappointed, but not surprised by the judge’s decision not to grant the injunction.

“This was an uphill battle. There really have been so few cases, none that I’m aware of, that have had this brought before them. I wasn’t surprised,” said Yee's attorney Michael Waxman.

The Maine Principals Association requires a waiver for transferring students to play varsity sports when the student is not changing residency. Yee still lives in Falmouth, where he was home schooled before coming to Deering.

His attorney claims Portland superintendent Xavier Botana and Deering Principal Gregg Palmer knew there could be issues with the waiver, but did not tell Yee and his family before he transferred.

“They had those discussions, and they still let him find himself in this untenable situation. That’s really unfair and unconscionable,” Waxman said.

But the judge ruled Deering’s Athletic Director did discuss it with Yee, and that was sufficient information. Waxman says now that the judge has ruled, he’s unsure if he’ll proceed with the lawsuit.

“I want to think about that and talk to Barbecue; it’s his life. Sometimes 15-year-olds don’t really want to get involved in litigation. It may not be their first choice,” he said.

Botana, Palmer and their attorney had nothing to say as they left the courthouse. As for Barbecue, he’ll likely stay put and play for Deering’s Junior Varsity team, something he is allowed to do.

“It’s a big deal to take a kid out of school two months in, academically and socially. I suspect that would not be a good decision for him,” Waxman said.

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