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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 11778
Experience:  JD, MBA
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I've recently moved to Florida with my kids and wife. 4

Customer Question

I've recently moved to Florida with my kids and wife. 4 weeks ago I signed both my daughter and son up for football and cheer. The league knew that we would be showing up about 3 weeks late and that was OK as long as we signed up the week we did. Fast forward 3 weeks ND we are here. My daughter cheer coach made sure she had everything ready when my diameter showed for practice. The football director stated my son would be good when we got here and would get him uniform and certified. Today I asked about him playing this Saturday and if we could get our uniform. He stated he could be get us certified fast enough and that we would have to wait another week. Mind you thisnwould.only allow him 3 games. Being frustrated I expressed to him my concerns of who was in charge and where the lack of accountability was. He didn't like this and got upset with me and hung up. I called back and he stated that my son will not be allowed to play and that I would get a refund. I'm extremely upset and so is my 8yr old son who now has to watch his sister cheer for his team. I would like to know if I have any legal ramifications to this on either the director himself or the league or both. I'm super upset at how he acted when asking for these answers. Thank u
JA: Have you talked to a laywer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 2 months ago.
Category: Family Law
Expert:  TJ, Esq. replied 2 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions. However, I'm sorry to say that I don't have good news for you.

If your goal is to get your son on the team, then that is not possible because he doesn't have a legal right to be on the team. The primary issue is that you are apparently being given a refund.

Moreover, even if your son did have a legal right to be on the team, you'd never be able to get a court ruling in time for him to be on the team. His recourse, in that situation would be to sue for a refund ... but you're already being offered a refund voluntarily. Accordingly, you haven't sustained any damage other than hurt feelings, which cannot be the basis of a winning lawsuit.

I am truly sorry that my answer is bad news for you, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer.

Also, despite the bad news, I would certainly appreciate it if you remember to provide a positive rating via the stars, as it is the only way that I'll get credit for answering your question(s). Thank you. :)

Customer: replied 2 months ago.
What about the mental distress that this will now cause my son. Also I spent money on plane tickets for early flights to assure my son would play this week. I have communication from the director and coach about him being placed on team ect. The issue I have is this man is dictating my son's ability to play local ball purely on the fact that I called him out on how unprofessional and unorganized they are.
Expert:  TJ, Esq. replied 2 months ago.

Hi again.

Q: What about the mental distress that this will now cause my son.

A: You can only win a lawsuit for mental distress if (1) the distress was severe and generally accompanied by physical symptoms, and (2) the defendant's conduct was so extreme and outrageous, it would be considered atrocious and utterly intolerable in a civilized society. I don't think this situation would rise to that level.

Q: Also I spent money on plane tickets for early flights to assure my son would play this week.

A: Unfortunately, that's a risk that you took. The team wouldn't be responsible for plane tickets even if you otherwise had a viable claim.

Q: I have communication from the director and coach about him being placed on team ect. The issue I have is this man is dictating my son's ability to play local ball purely on the fact that I called him out on how unprofessional and unorganized they are.

A: I understand that, but the problem is that your son does not have a legal right to be on a football team. In other words, if you were to sue, you would have to provide a judge with legal authority which states that the team has a legal obligation to allow your son to play. But there is no such law. Also, as mentioned earlier, even if there were such a law, there is no time to get a ruling before the football season is over. Your recourse is a refund.

I know this is frustrating, and I really wish that I had better news. But I need to be honest with you.

Customer: replied 2 months ago.
I'm not looking to play as this won't happen. But loss of the ability for him to play this year brings pain to the whole family. I would like to sue the league for anything viable for just plain point. It's not right for a director to except my fund communicate as if my son was playing and then pull it away. Leaving us with no ability to join any other leagues.
Expert:  TJ, Esq. replied 2 months ago.

Hi again.

I understand that you want to sue for the distress that this has caused you and your family. But as mentioned above, it is unlikely that you'd win a lawsuit for mental distress, mental anguish, emotional distress, etc. There are two main elements that you'd have to prove: (1) the distress was severe and generally accompanied by physical symptoms, and (2) the defendant's conduct was so extreme and outrageous, it would be considered atrocious and utterly intolerable in a civilized society. I doubt you'd be able to prove either element, but even if you could prove the first element, the second element seems like an impossibility. I don't think a reasonable person would conclude that the team's conduct was extreme and outrageous such that it would be considered heinous or atrocious, and utterly intolerable in a civilized society. The courts are clear that hurt feelings are not enough.

I am truly sorry, but suing in this situation for emotional distress would almost certainly be a waste of time, effort, and money.

Customer: replied 2 months ago.
Does discrimination hold anything in this case? So basically this would have to cause me enough stress to make me physically sick to hold any kind of leg to stand on in court ?
Expert:  TJ, Esq. replied 2 months ago.

Hi again.

Q: Does discrimination hold anything in this case?

A: If you were the victim of discrimination due to a protected characteristic such as race, religion, ethnicity, gender, disability, etc., then you likely have a viable case. You didn't mentioned anything like that, so I didn't want to presume. But if that's the case, then I would suggest retaining an attorney to sue for civil rights issues.

Q: So basically this would have to cause me enough stress to make me physically sick to hold any kind of leg to stand on in court ?

A: That is one of the elements that you'd have to prove to win a lawsuit for emotional distress. The other element (extreme and outrageous conduct) would also have to be proved, and that (in my opinion) would be more difficult to prove ... unless there was discrimination like mentioned above. It likely would rise to the level of extreme and outrageous conduct to discriminate against you due to your race, ethnicity, etc.

Expert:  TJ, Esq. replied 2 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue.