FFLC Appeals Homeschool Sports Preliminary Injunction Denial to VA Supreme Court

The Founding Freedoms Law Center has filed a Petition for Review with the Virginia Supreme Court, asking it to reverse a recent denial of a preliminary injunction by the Roanoke County Circuit Court. The preliminary injunction would allow our client, Samuel Palmer, to begin running immediately with his local high school cross country and track teams while the litigation continues.

You can view our Petition to the Supreme Court HERE.

FFLC Attorneys Josh Hetzler and Michael Sylvester with Samuel Palmer and his parents, Daniel and Stacie.

Any lost opportunity to run during his high school years is something Samuel can never get back. Meanwhile, litigation, including appeals, can take years. That is why we believe this appeal is necessary. As laid out in our Petition, we believe the lower court failed to properly analyze the religious burden standard as the Supreme Court explained in its Vlaming v. West Point School Board case of 2023.

Virginia law allows a plaintiff to appeal a preliminary injunction denial directly to the state Supreme Court for consideration, in what is called a Petition for Review. The Court’s review is discretionary, and decisions typically take between two and three months. A favorable ruling by the Supreme Court would mean Samuel could get to run for part of his local high school’s cross country season and likely all of the track season.