SALT LAKE CITY, Utah (ABC4) — An international student who filed a discrimination lawsuit earlier this month has been allowed to play on his high school’s football team after the court said there is “a strong likelihood” the rule is unconstitutional.
Zachary Szymakowski is an Australian student attending Juan Diego Catholic High School in Draper, Utah, on an F-1 visa. According to court documents, the Utah High School Activities Association enacted a rule earlier this year students with F-1 visas could only play on non-varsity teams.
The rule states that schools that allow an international student to play on a varsity team forfeit the chance to play in a postseason competition.
Szymakowski filed a lawsuit claiming the new rule violated the Equal Protection Clause of the Fourteenth Amendment. On Thursday, Oct. 17, the court granted a temporary restraining order of the UHSAA’s rule.
“The court finds there is a strong likelihood that the Student Visa Eligibility Rule is unconstitutional,” documents said. “Mr. Szymakowski should be allowed to play tonight’s game without forfeiting his high school’s eligibility for postseason competition.”
The court also allowed him to play on the team for the rest of this year’s football season.
Szymakowski said he was grateful for “the chance to rejoin my team and play football” and is “looking forward to the playoffs.”
“I hope all high school students here in Utah on a visa like me also get the chance to play the sport they love. It’s a privilege to be here in America,” he said.
