Kathleen JanisAccording to a lawsuit filed by Kathleen and her mother Kelly Janis, the 15-year old student-athlete said she has been denied membership on the wrestling team because of her gender, even though the Davis School District offers co-ed wrestling at the high school level.
U.S. District Judge Robert Shelby heard arguments Wednesday on Kathleen's request for an injunction allowing her to join the team now as the season begins while her lawsuit remains in court. He granted the injunction Thursday, in time for the school's wrestling tryouts on Friday.
"(Kathleen) is forced to wrestle at the high school level instead of the junior high level. But her male peers can make this choice freely in consultation with their parents after considering their school schedules, athletic abilities and goals, and personal preferences," Shelby wrote in his decision.
"This was obviously a very time-sensitive issue," said the Janises' attorney, Stewart Gollan. "My client's daughter needs to be able to have access to the wrestling program within the next couple of days to be able to participate on the same basis as a male would."
Kathleen attempted to try out for the school team both this year and last year but was told females could only serve as team managers because, according to the lawsuit, officials had concerns about "inappropriate or sexual touching."
"We weren't asking them to start a girls' wrestling program," Kelly Janis said. "We were asking them to allow Kathleen and other girls to wrestle if they wanted to on the junior high team."
Kathleen began wrestling two years ago and currently competes at a local wrestling club, practicing and competing with male and female athletes.
She came into wrestling after being introduced to the sport by her stepfather Lee Garcia, who is now her coach.
"My biological father abused me and I was broken," Kathleen told the Fox affiliate in Salt Lake City.
"There's a lot of training that goes into it," Kathleen said. "You work hard. I practice three or four hours a day."
Garcia believes it has made a positive difference for his stepdaughter, saying, "What it has done for her has been phenomenal. And I've seen it do the same for so many other women: their confidence, their self-esteem."
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