A Butler County judge has denied Middletown senior Kolby Morgerson’s second emergency motion to play football this season. Judge Gregory S. Stephens ruled on Tuesday, Sept. 29, that an evidentiary hearing was necessary to evaluate the claims of both Morgerson and the Ohio High School Athletic Association (OHSAA), and that granting a motion without such a hearing would be inappropriate.
Morgerson, who was the starting quarterback for Middletown through the first five weeks of the 2026 season, is now ineligible for the remainder of the season following the judge’s decision. His request for an exemption to OHSAA Bylaw 4-7-2 was denied in July, with an appeal rejected in late August. The OHSAA cited concerns that Morgerson’s transfer from Carlisle High School was motivated by athletic reasons rather than a genuine change of address.
The emergency motion was filed just before noon on Friday, Sept. 25, arguing that the OHSAA’s decision was based on assumptions rather than facts, and that Morgerson, his family, and school officials had not been given a full opportunity to present their case. The OHSAA rejected the request on July 5 and dismissed the appeal on August 28, maintaining its position that Morgerson’s transfer appeared to be for the purpose of playing football and basketball at Middletown.
Morgerson’s attorney, Bradley Kraemer, filed the first emergency temporary restraining order on Sept. 15, which was denied on Sept. 21. Kraemer could not be reached for comment following the second denial.
Judge Stephens noted that the urgency cited in the motion, specifically relating to a home game on Friday when collegiate scouts were expected, was now “moot.” The judge added a footnote pointing out that Morgerson and his legal team had waited until the fifth game of the season to file the initial motion, despite being aware of a five-week eligibility clock that began at the start of the football season.
Under OHSAA rules, a student transferring schools is typically ineligible to participate in varsity contests after the team completes half of its regular season games if the transfer is related to athletics. Since high school football has a 10-game regular season, this usually means the player cannot compete beyond the fifth game. Morgerson’s ineligibility from game six onward aligns with this rule.
Judge Stephens also expressed concern about potential “unintended consequences” if Morgerson were allowed to play before a final ruling, including the possibility of forfeited games for Middletown. The judge instructed that all defendants named in the case—the OHSAA, Middletown High School, and the Middletown City School District—must have time to respond to the complaint.
The OHSAA’s legal counsel filed a response to Morgerson’s second motion on Monday, requesting that any hearing not be scheduled before Oct. 12 due to multiple other similar injunction and appeal cases set for early October. The OHSAA plans to submit a full response by Monday.
Morgerson had transferred from Carlisle High School, where he earned first-team All-SWBL Buckeye Division honors in 2025. His absence leaves Middletown without its starting quarterback for the final games of the season.
The Middletown City School District is required to file its response to the preliminary injunction motion by Tuesday, Oct. 6.
According to Yahoo Sports.
