Welch Remains Unbeaten in Court : Jurisprudence: Judge bars Southern Section from conducting Canyon inquiry.

A San Fernando Superior Court judge on Friday barred the Southern Section from conducting an inquiry into the Canyon High football program, ruling that the proposed hearing violated an existing preliminary injunction.

After meeting in chambers for 40 minutes with attorneys for both sides, Judge Haig Kehiayan modified the injunction to prevent the Southern Section from conducting the inquiry that originally was scheduled for Wednesday. The probe centers on charges that Canyon conducted an off-season practice in violation of section rules.

Friday’s ruling marked the second loss in two months for the Southern Section in Kehiayan’s court. On Aug. 19, the judge granted Canyon Coach Harry Welch a preliminary injunction that stayed a 5 1/2-month suspension recommended by the Southern Section.

The Southern Section is forbidden from conducting an inquiry until a suit filed by Welch against Canyon, the William S. Hart Union High School District and the Southern Section comes to trial. Attorneys for both sides estimate that the case might take as long as two years to reach the courtroom.

Welch, who has compiled a 103-20-2 record in 10 seasons, will be allowed to coach while the suit is pending.

Andy Patterson, attorney for the Southern Section, is considering an appeal of Friday’s decision. However, that appeal to the 2nd District Court of Appeals might not be heard before Welch’s suit comes to trial.

“We believe that the Southern Section ought to be able to have a hearing to determine if a member school is in violation of its rules,” Patterson said. “The judge disagrees with the position I advocated and I regret that, but it is an honest disagreement.”

Southern Section Commissioner Stan Thomas was unavailable for comment.

Welch and his attorney, Stephen J. Tully, greeted the ruling with satisfaction. In addition, they both had harsh words for what they term the Southern Section’s attempt to hound Welch.

“After the last six months, Harry’s name has been trashed and that’s got to stop,” Tully said. “The judge said today that the Southern Section goofed, that their actions have not been fair or proper. Absent of the Southern Section doing anything to resolve this, I’m resigned to going to trial.”

Welch will seek a permanent restraining order and financial damages from the Southern Section.

“Their actions have been far more serious than the actions that I’ve been alleged to do,” Welch said. “They’ve been vengeful, spiteful, harassing and less than professional.”

Tully and Welch requested Friday’s hearing before Kehiayan and decided to proceed after they learned that Patterson on Thursday secured a Dec. 4 date before Kehiayan to learn if the proposed hearing violated the preliminary injunction.

Welch had sought refuge in the courts after a summer-long battle with the Southern Section that was prompted by a photo that was published in the Newhall Signal in May. The photo showed a Canyon football player hitting a blocking dummy with teammates and an assistant coach watching. Southern Section rules prohibit the use of sleds and blocking dummies in the off-season.

Canyon Principal Bill White admits that violations were committed in the football program. Welch also admits a violation was committed but denies that he is guilty of wrongdoing.

After Thomas investigated the incident, the Southern Section recommended a one-year suspension of Welch that later was reduced to 5 1/2 months. White accepted that penalty in July and suspended Welch, who won reinstatement two weeks later when Kehiayan granted him a temporary restraining order.

Less than a week after Welch won the preliminary injunction in August, the Southern Section’s executive committee authorized Thomas to convene a public hearing to investigate all charges against the Canyon program.

Thomas emphasized that no penalties would be directed at Welch, but that failed to sway Kehiayan.