Court Rebukes Southern Section : Jurisprudence: Judge denies request to modify preliminary injunction and awards damages to Welch, Hart school district.

The Southern Section suffered yet another defeat in its ongoing legal battle with Canyon High football Coach Harry Welch on Friday when a request to modify the existing preliminary injunction was denied by a Superior Court judge and the section was ordered to pay damages to Welch and the William S. Hart Union High School District.

In issuing his decision in Lancaster Superior Court after 30 minutes of arguments by attorneys representing Welch, the Southern Section and the school district, Judge Haig Kehiayan strongly rebuked the Southern Section’s motion, calling it “frivolous and in bad faith.” Kehiayan ordered the California Interscholastic Federation, the Southern Section, Southern Section Commissioner Stan Thomas and the law firm of Patterson and Miller--the Southern Section’s legal counsel--to pay $5,290 to Welch and $1,350 to the school district.

Thomas, who did not attend the hearing, said he had no knowledge of the decision and that he would not speak with the Southern Section’s counsel until Monday.

“I’m totally in the dark right now,” Thomas said. “I don’t have any facts, so I can’t make a statement.”

Kehiayan, who issued the preliminary injunction in August, 1991, imposed the sanctions as a deterrent against the Southern Section bringing additional motions until its appeal is heard by the Second District Court of Appeal, according to Steve Tully, Welch’s attorney. Tully said he expects a hearing on the appeal within six months.

“Obviously, this has been a baseless, malicious attack on me and my program,” Welch said. “The court took as strong a stand as possible to vindicate my position.”

Welch’s problems with the Southern Section began in June, 1991, when he received a one-year suspension from the Southern Section Executive Committee--on Thomas’ recommendation--after an investigation into rules violations by the Canyon football program.

Welch received a temporary restraining order a month later to return to coaching, and he filed a civil lawsuit against the Southern Section.

Kehiayan issued the preliminary injunction in August, 1991, allowing Welch to coach until his suit is settled. The preliminary injunction was modified two months later to forbid the Southern Section from conducting hearings and investigations involving Welch, Canyon and the school district.

Further action on Welch’s civil suit is delayed pending the outcome of the appeal.

The Southern Section, wanting to investigate charges that Welch let an injured player play without proper medical clearance and that Welch conducted an illegal practice in the spring, 1991, hoped Kehiayan again would modify the preliminary injunction--this time in its favor.

Despite the Southern Section’s repeated failure against Welch, Tully does not believe the section has any desire to settle his client’s civil case.

“Everything I’ve seen,” Tully said, “leads me to the conclusion the CIF is intent upon pursuing this lawsuit as a means of costing my client money and further damaging his reputation.”

* CANYON FALLS TO CRESPI: C14