IN THE CIRCUIT COURT OF THE COUNTY OF ST. LOUIS STATE OF MISSOURI PAUL BERRY, Ill, Individually and as) Biological Father and Next Friend of L.B. ) ) Plaintiffs, ) Division No. ) v. ) Cause No. ) COUNTY OF ST. LOUIS, ) ) & ) ) SAM PAGE, ) ) Defendants, ) PLAINTIFF'S VERIFIED APPLICATION FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION AND PERMANENT INJUNCTION. COMES NOW Plaintiff, Paul Berry III (‘Plaintiff’), individually, as biological and lawful father of L.B. ("Minor’), and by and through his undersigned counsel, and for his Verified Application for a Temporary Restraining Order, Preliminary Injunction and Permanent Injunction, and corresponding count-at-law, states to the Court as follows: 1. Plaintiff is and at all times pertinent hereto was a resident of the County of St. Louis, Missouri; and 2. Plaintiff's daughter, L.B., is and at all times pertinent hereto was a minor, the biological and legal daughter of Plaintiff (“Minor Youth Athlete”), a high school student and youth athlete affiliated as a member with a high school athletic team (‘Team’). 3. Defendant, St. Louis County, Missouri (‘County’) is and at all times pertinent hereto bounded to the east by the County of the City of St. St. Louis (‘City’), to the west by the County of St. Charles (“St. Charles"), to the north by the Missouri River 1and bounded to the south by the Meramec River, comprised of approximately one million (1,000,000) residents populating an area of 508 square miles of land 4. Defendant, Sam Page (“Page”), is and at all times pertinent hereto was a resident of the City of Creve Coeur in the County and the unelected occupant of the County Executive position of the County and, as such, is the chief executive officer of the County having been appointed to serve as such by the County Council following the indictment and resignation of Page’s elected predecessor, Steve Stenger (“Stenger’). 5. Defendant, County, is and at all times pertinent hereto was a County in the State of Missouri (“Missouri”) operating and existing as a lawfully recognized county by Missouri 6. Commencing in March, 2020, the State has issued COVID-19 Response Orders which, as a matter of record, set forth Missouri policies and directives vis-a-vis COVID-19, its containment and spread. 7. The Missouri COVID-19 Response Orders were updated from time-to-time to comport with increasing scientific and medical knowledge of, about and surrounding COVID-19, its spread, containment, and effect. 8 At no time did Missouri, by edict, Response Order or other mandate issue directives or mandates to counties or any school district or school to permit, disallow, encumber or otherwise cease permitting youth athletes to play or not play in competitive high school youth athletic endeavors 9. Notwithstanding same, the County, by and through Page, purporting to act, in his capacity as a non-elected holder of the County Executive position, issuedRestrictions on the 9" day of September, 2020, effective September 11, 2020 (‘Page Restrictions"). 10. A true and correct copy of the Restrictions are attached hereto, incorporated herein by reference, and marked Exhibit A 11, St, Louis County Ordinance Section 703.070 (attached as Exhibit B) includes duties of County Executive during declared emergency. In exercising his powers, the County Executive shall be guided by regulations and orders issued by Missouri relating to civil defense and shalll take no action contrary to orders issued by the Governor under similar emergency powers. At all times in this regard, the County Executive is required to act under the provisions of Chapter 44 of the Revised Statutes of Missouri or as an agent of the Governor. Chapter 44 RSMo does not empower the County Executive 12. Although the State of Missouri did declare an emergency for COVID, it did not ban or establish Youth Sports encumbrances of the nature imposed in the Restrictions issued by the Defendant Page. 13. The Restrictions result in the wholesale holding in abeyance of high school athletic endeavors involving youth athletes age 14 and older participating in, among other sports, football, soccer, basketball, boxing, ice hockey, water polo, wrestling, baseball, cheerleading, crew, rowing, dance team, fencing, racquetball, soccer, softball, team handball, ultimate frisbee, lacrosse, field hockey and presumably squash ("Sports") 14. The Page Restrictions affect in excess 100,000 youth athletes Participating in any one or more of the Sports (“Affected Athletes").15. The Page Restrictions affect not simply the 100,000 plus Affected Athletes, but also the immediate and extended family members of Affect Athletes who number in excess of 200,000. 16. Asa direct and proximate result of the Page Restrictions, over thirty percent (30%) of the County population is directly and adversely affected (“Affected Population") 17. The Affected Population is comprised of a racially, culturally and socio- economically diverse mix. 18. Oftthe Affected Athletes, however, there is a smaller but significant percentage who historically have been the recipient of a disproportionately large share of scholarships and financial aid of all kids attributable to the athletic prowess of scholastically qualified Youth Athletes of color ("Youth Athletes of Color’). 19. As part of the collegiate recruiting and scholarship granting and admission process, the performance of the Youth Athletes of Color during their junior and especially senior years is vital if not the essential key to the garnering of scholarship and grant money by Youth Athletes of Color 20. Asa direct and proximate result of the Page Restrictions, a significant percentage of Youth Athletes in general and Youth Athletes of Color in particular are immediately and significantly adversely affected in that they are unfavorably postured to navigate the collegiate recruiting and financial aid aspects of college admission. 21. Onthe 10" day of September, 2020, the day after the release of the Page Restrictions and the day before the effective date of the Page Restrictions, counsel for Plaintiff herein issued a demand letter to Defendants, a true and correct copy of which isattached hereto, incorporated herein by reference, and marked Exhibit C (‘Plaintiff's Demand Letter’) 22. The Plaintiffs Demand Letter set forth in concise detail the immediate and irreparable harm that will immediately inure to the detriment of the Plaintiff, and others in like position, absent the rescinding and holding for naught of the Page Restrictions as they relate to Youth Athletes in general, and Youth Athletes of Color in disproportionately in particular. 23. As amatter of public record, Section 171.011 of the Revised States of Missouri specifically empower and grant to school boards all authority as it relates to, among other delineated and broadly described powers, all matters sports related. A true and correct copy of the above statute is attached hereto, incorporated herein by reference and marked Exhibit D. No authority is granted to Page under Chapter 171 RSMo. 24. _ Inthe case of public schools in the County, the school boards for each public school in the County have joined the Missouri State High School Activities Association ("MSHSAA") 25, As members of the MSHAA, the County's public schools (and all private schools who are similarly members) have agreed to the MSHAA Constitution Article lV (6)(0) (‘Salient MHSAA Constitutional Provision’) which, in tum, grants the authority to the MSHAA to organize and direct high school games (for all sports). The Salient MHSAA Constitutional Provision reads as follows “The Board of Directors shall be the authority to organize and direct such preliminary tournaments, meets, or games as necessary to select teamsor individuals qualified to compete in state contests and shall administer such contests.” 26. —_Longstanding Missouri law holds and confirms that the County is without authority to interfere with the function of the MHSSA absent bad faith or bias on the part of MHSSA. 27. The State has issued zero policies, directives, or COVID-19 Response Orders which reference, much less establish or confirm, any policy relating to Youth Athletes, 28. The Page Restrictions exceed the lawful authority granted to the County Executive. 29. The Page Restrictions exceed the lawful authority granted the County DOPH 30. The Page Restrictions are arbitrary and capricious in that they are not, based on scientific evidence which would support the basis upon which Page publicly purports to rely as a basis for the Page Restrictions. 31. The Page Restrictions are arbitrary and capricious in that they are not based on medical evidence which would support the basis upon which Page publicly purports to rely as a basis for the Page Restrictions. 32, In fact, shortly after the September 11, 2020 public statement by Page to support the Page Restrictions, members of the organization comprised of medical experts ("Task Force") upon which Page uttered reliance through ongoing communication with, input from and agreement by the Task Force comprised of medical experts to serve as a basis, in significant part, for the draconian scope of the PageRestrictions, had not spoken to, with, or received requests for comments by Page since July, 2020 ("Page Lie to the Public’). 33. The Page Lie to the Public resulted in outrage and public outcry of significance such as to appear akin to that associated with the message of Black Lives Matter. 34, September 11, 2020 came and went and no response thereto was, forthcoming from Page or any duly authorized of Page. 36. On September 13, 2020, Youth Athletes, Young Athletes of Color and members of the Affected Population congregated, marched around the neighborhood of the County Executive and protested their adamant opposition to the Page Restrictions and subsequently elsewhere, including the edifice housing this Court. 36. A significant percentage of the Affected Population have worked diligently to support and pay for the athletic endeavors and skills of their Youth Athlete children for the purpose of leverage same to gamer access to college entry and financial support therefore 37. The window of opportunity to gamer performance videos and athletic accomplishments, records and recognition for Youth Athletes in their senior year of high school is closing, with most recruiting accomplished prior to the end of the fall sports season of 2020. 38. The window of opportunity to submit college applications to garner entry into and financial support for college closes for most colleges in January 2021 39. Given the economic challenges surrounding and caused by COVID-19, an ever-growing percentage of the Affected Population are increasingly reliant on the hopeof access to financial aid for the benefit of affected Youth Athletes in general, and Youth Athletes of Color in particular. 40. The usurping of access by the Affected Youth Athletes and the Affected Population is nothing short of an unlawful taking of property without just compensation, all in direct contravention to the U.S. and Missouri Constitutions, 41, The parents and legal guardians of the Youth Athletes have primal, biological, some assert biblically based and legal rights to rear, care for, tend to, and foster development of their spawn, all of which are being wholly obviated by the Page Restrictions. 42, The Page Restrictions apply to the County whose COVID-19 spread and incidence rates have at all times salient hereto been less than that of its western abutting, nay contiguous county, St. Charles, being a County which has permitted Youth Sports unabated without adverse effect or statistically attributable spread or incidence of COVID-19 rate. 43. More counter-intuitively, Page has elected to employ his appointed political position as a pulpit from which to issue and direct jack booted, tone deaf mandates during this period of national introspection on the message of Black Lives Matter such as to more significantly and adversely impact Youth Athletes of Color and the Affected Population 44, While simultaneously lying to the public about his discourse with and ongoing deference to a third-party organization of experts, the third-party organization of experts contradicts this assertion and, in fact, asserts that it deems the PageRestrictions to be without support by medical and scientific knowledge and devoid of sensitivity to the mental health, safety and ongoing concern about the wellbeing of all. 45. With astounding arbitrariness, the County Executive has issued the Restrictions such as to delineate classifications of sports without touchstone to the medically established consensus that the risk of COVID-19 spread and infection has never been studied such as to determine with any degree of statistical certainty the ranking of risk associated with any one or more sports with any one or more other sports, 48. Further demonstrating otherworldly arbitrariness run amok, Page has established as part of the Page Restrictions an age based data grouping which precludes play by Youth Athletes who are ages 14 through 19; not caring to note that by including 18 and 19 year olds the data associated with true high school age range of 14- 18 is skewed such as to negatively depict the risk associated with high school Youth Athletes, 47. _ In fact, the science and medical expertise supportive of Youth Athletics being permitted is founded in the noting of Youth Athletes being able to perform in a controlled environment with safeguards and protocols to protect against COVID-19 infection and spreading while noting the Page Restrictions effectively serve to release the Youth Athletes from a controlled COVID-19 sensitive environment to one which is not controlled, often wholly unsupervised, and gives rise to heightened COVID-19 infection and spread risks, 48. Absent the equitable relief requested herein, grave and immediate harm will inure to the detriment of Plaintiffs and others in like position.49. Legal relief is insufficient to remedy the wholesale compromise of the state and federal Constitutional rights of the Plaintiffs herein. 50. The actions of the Defendants, jointly and severally affected both the Youth Athletes and their family members in that they are being deprived of their respective state and federal Constitutional rights, the freedom to rear, guide, lead and make decisions regarding the safety health and welfare of their children; deprivation of access to key elements of the recruiting, admission and financial aid aspects of college; and doing so while demonstrating a reckless disregard for the Youth Athletes and Affected Population. 51. _ Inthe interest of full disclosure, within the context of the case of Plaintiff, Paul Berry, Ill is the opposition candidate in the November, 2020 general election, running against Defendant Page for County Executive. To obviate the risk of being accused of using the present cause for political gain, Plaintiff has made clear as a matter of record that his actions herein are solely in his capacity as a father of L.B., concerned citizen and former collegiate athlete whose access to a college education was a function of the very athletic endeavors L.B. and tens of thousands of the Affected Population who similarly seek redress and relief of the nature pursued herein. WHEREFORE, Plaintiff pray this Honorable Court issue a temporary restraining order, preliminary injunction and permanent injunction: 1. Holding for naught the Page Restrictions as they relate to Youth Athletes in the County; 2. Mandating the immediate cessation by Page of any and all actions and statements which in any way, fashion, or manner thwarts, encumbers or 10seeks to influence the actions of high schools throughout the County of Saint Louis as they relate to youth sports, teams, games, practices and participation therein by Youth Athletes; 3, Mandating the immediate release by Page to the public of empirical evidence supporting the proposition that Youth Sports and Youth Athletes are a source of COVID-19 spread; 4, Such other and further action as the Court deems just and appropriate in the circumstances. VERIFICATION; /d / a ao PAUL BERRY, Ill, Individually and on behalf of his daughter, L.B., a STATE OF MISSOURI ) Minor. ) SS COUNTY OF ST. LOUIS ) On this |J_day of September, 2020, before me, | Mid a Notary Public in and for said State, personally appeared Paul Berry, Ill, known tome to be the person who executed the foregoing document and acknowledged to me that the statements contained in the foregoing document are true and correct to the best of his knowledge and belief3i" (OPAMICHELE WOLFE Conmissonf0eTS282_OTARY PUBLIC My Commission expires: KODNER WATKINS, LC By:__/s/ Albert S. Watkins ALBERT S. WATKINS, #34553 Attorney for Plaintiffs, 7733 Forsyth Boulevard, Suite 600 St. Louis, Missouri 63105 Phone: (314) 727-9111 Facsimile: (314) 727-9110 E-mail: albertswatkins@kwklaw.net "1CERTIFICATE OF SERVICE Signature above is certification a true and correct copy of the above and foregoing document was filed electronically this 17th day of September, 2020, with a copy emailed to all counsel of record. 12EXHIBIT ANOVEL CORONAVIRUS (COVID-19) sour YOUTH SPORTS GUIDELINES These guidelines, effective September 11, 2020, supersede and replace the August 7, 2020, Youth Sports Guidelines. In accordance with the Saint Louis County Department of Public Health's (“DPH”) Third Amended Order for Business and Individual Guidelines for Social Distancing and Re-Opening, dated July 29, 2020, effective July 31, 2020, (the “Order”) and as may be further amended, these guidelines may be replaced or modified by DPH based on new scientific information and local information including the trajectory of influenza-like illnesses, cases of COVID-19, and any other information deemed relevant to protect public health in Saint Louis County. 1. Gui Children playing sports with or against other individuals during this time holds an inherent risk that someone with whom they are playing is infected, that they may then become infected and, in turn, spread the virus to others in their household or community. Please consider this risk when allowing your child(ren) to participate in organized sports. The information regarding SARS-CoV-2, the virus causing the COVID-19 illness, is changing rapidly. As a result, guidance given nationally and in Saint Louis County is subject to change. The guidelines provided in this document will be reviewed and updated based on new scientific information and local circumstances, and, therefore, may change periodically. ing principles Recognizing that the spread of the virus in the community remains high, while at the same time understanding that the risk of transmission during youth sports can be reduces by following certain restrictions, these guidelines allow team practices (and, in some instances, competitions) depending upon the frequency of contact inherent to the particular sport. With sports that involve high levels of contact, only practices, with restrictions, are allowed. Because the evidence continues to show that the congregation of groups of people where there is frequent person-to person interaction spreads the virus, spectators are limited or not allowed. Saint Louis County continues to balance the importance of activity for children with the reality of increased community spread of COVID-19. The risks associated with playing sports with or against other individuals depends on the type of play, the number of individuals participating, and the number of spectators present. For further information, consult the Centers for Disease Control and Prevention (CDC) guidance on youth sports. 2. Types of Activities The risk of COVID-19 spread increases in youth sports settings as follows: + Lowest risk: Performing skill-building drills or conditioning at home, alone or with family members + Increasing risk: Team-based practice + More risk: Within-team competition + Even more risk: Full competition between teams from the same local geographic area Poca er TT ned ae‘+ Highest risk: Full competition between teams from different geographic areas. 3. Types of Sports Sports are classified based on the level of contact between players, as either low-frequency of contact or high-frequency of contact. + High-frequency of contact sports include basketball, boxing, ice hockey tackle/flag/touch football, lacrosse, martial arts, rugby, water polo, and wrestling. + Moderate-frequency of contact sports include baseball, cheerleading, crew/rowing, dance team, fencing, floor hockey, field hockey, racquetball, soccer, softball, team handball, ultimate frisbee, and volleyball. + Low-frequency of contact sports include diving, extreme sports, gymnastics, rodeo, water skiing, adventure racing, bicycling, canoeing/kayaking, field events (high jump, pole vault, javelin, shot-put, golf, handball, horseback riding, skating (ice, in-line, roller), skateboarding, weight lifting, windsurfing, badminton, bodybuilding, bowling, orienteering, fishing, riflery, rope jumping, running, sailing, scuba diving, swimming, table tennis, tennis, and track. For sports or activities not included in the above categories that are similar in nature to such other sports ies, please apply the category most closely associated with the sport or activity. If there is any n regarding the categorization of an activity, please contact the Department of Public Health to determine which category applies. 4. Applica The restrictions and requirements of these Youth Sports G younger. The restrictions and requirements of these Youth Sports Guidelines apply to school sponsored and affiliated sports teams and leagues as well as non-school sponsored and affiliated sports teams. ines apply to all individuals age 18 or 5. Restrictions and Requirements When allowed, competitions are limited to the Saint Louis region. This region is defined as the Metro East, Saint Louis City, Saint Louis County, Saint Charles County, Jefferson County and Franklin County. A. Effective September 11, 2020, the following restrictions and requirements apply to all high-frequency of contact sports: + Team workouts and practices are allowed with restrictions. + Practices and team contact drills are allowed but only in groups of 30 athletes or fewer. + Intra-squad scrimmages (within a team of no more than 30 athletes who practice together) are allowed. + Two coaches are permitted in addition to the group of 30 or fewer athletes. + Each group of athletes, not to exceed 30 per group, must remain in a single space separate from other groups of athletes at any given time. There must be at least a 20-foot barrier separating these spaces. No person is allowed within that 20-foot barrier. The 20-foot barrier should be clearly marked by a wall, tape, or cones. + NO games are permitted. or concerns call 877-435-8411, Get text message alerts by texting STLOUISCOALERT to 67283, See cause ee cu ee Eee cc)+ NO tournaments, performances, competitions, or showcases are permitted, + Social distancing should be maintained as much as possible during practice. ‘+The practice groups must remain the same every day to reduce the amount of exposure for each child. + Masks/face coverings MUST be worn any time an individual is not doing vigorous physical activity. * Coaches MUST wear masks/face coverings at all times. + Players and coaches should sanitize hands and equipment regularly. * Wearing masks before, during and immediately following activities is required, including prior to screening, except as specifically excluded during the individual athlete's engagement in vigorous physical activity. + Allparticipants, it ‘+ NO spectators are allowed — including parents or guardians. \cluding coaches, must be screened every day. + Notwo teams should be in the same location at one time. If the same field, gym, or enclosed room will be used on the same day by more than one team, teams must allow sufficient time between sessions to clean the area. No team shall use a field, gym, or similar enclosed room on the same day another team has used any of those locations unless proper cleaning has occurred after the previous team’s use and prior to the next team’s use. This cleaning requirement shall also apply to groups of up to 30 athletes using the same single space as another group of up to 30 athletes, even if those groups comprise one team. + Allequipment (such as bats, sticks, helmets, sleds, etc.) must be disinfected between idual uses. B. Effective September 11, 2020, the following restrictions and requirements apply to all moderate- frequency of contact sports: For players younger than 14 years of age or in middle school: * Full team practices are allowed, with no limit on the number of participants, but a limit of 2 coaches. + Games and competitions with other teams from the Saint Louis area are allowed. ‘+ NO tournament-style competitions are allowed, such as bracket style play where multiple teams play back to back. + LIMITED spectators are allowed - one person per athlete (including parents and guardians) is allowed to attend if the athlete needs transportation to the game, as long as those spectators comply with all requirements for facial coverings and social distancing. For high school players 14 and older OR players 14-18 years of age who are not in high school: + Team workouts and practices are allowed with restrictions. ‘+ Full team practices are allowed, with no limit on the number of participants, but a limit of 2 coaches for teams of 20 or less, and a limit of 3 coaches for teams of greater than 20 players. ‘+ Intra-squad scrimmages are allowed. + NO games are permitted. + NO tournaments, performances, competitions, or showcases are permitted. + NO spectators are allowed, including parents or guardians. Gere eu II 877-435-8411. Get text message alerts by texting STLOUISCOALERT to 67283. aches nec Bie aE)* NO chanting or stunting is allowed for cheerleaders. For all players: * Social distancing should be maintained as much as possible during practice and games. + Masks/face coverings MUST be worn any time an individual is not doing vigorous physical activity. + Coaches MUST remain in mask/face coverings at all times. + Players and coaches should sanitize hands and equipment regularly. + Wearing masks before, during and immediately following activities is required, including prior to screening, except as specifically excluded during the individual athlete's engagement in vigorous physical activity. + Every individual, including coaches, MUST be screened every day that an individual participates. + Allequipment (such as bats, sticks, helmets, sleds, etc.) must be disinfected between individual uses. C. Effective September 11, 2020, the following restrictions and requirements apply to all Low-frequency of contact sports: + Full team practices are permitted with restrictions. * Competitions are allowed with other teams or individuals within the region. «NO tournament style competitions, such as bracket style play where multiple teams play back-to-back, including showcases, shall be allowed. + LIMITED spectators are allowed - one person per athlete (including parents or guardians) is allowed to attend if the athlete needs transportation to the game, as long as those spectators comply with all requirements for facial coverings and social distancing, + Social distancing MUST be maintained as much as possible during practice and games. ‘+ Masks/face coverings MUST be worn anytime an individual is not engaged in vigorous physical activity. * Coaches and officials MUST wear mask/face coverings at all times. + Players and coaches MUST sanitize their hands and equipment regularly. + Wearing masks before, during and immediately following activities is required, including prior to screening, except as specifically excluded during the individual athlete's engagement in vigorous physical activity. «Every individual, including coaches, MUST be screened every day that an individual participate: youth sports. + All equipment (such as bats, sticks, helmets, sleds, etc.) MUST be disinfected between individual uses. 6. All permitted activities are subject to and conditioned upon compliance with the following safety measures: + Spectators, including parents and guardians, are only allowed in limited numbers and circumstances as defined by the level of contact for the sport, as well as the age of the participant. All spectators MUST wear a face covering at all times and maintain social distance. sneral questions 0 Me eee Res eee re eee) eke LE) eerie eset eee ee a* Players MUST wear a face covering when not actively engaged in vigorous physical activity, including during practice and training sessions. + Coaches and officials MUST wear a face covering at all times. «Screening times and practice start times MUST be spaced out to limit the number of athletes and others in the area. + The number of players sit distancing. + Hand hygiene is essential. Organizations and facilities MUST promote frequent and effective hand hygiene by supplying ample hand sanitizer dispensers and hand-washing stations. + The use of locker rooms is not recommended. if they must be used, social distancing and mask requirements apply at all times while present within the locker room. Cleaning is required and equipment must be stored in a designated area. + Tothe extent people are present, including spectators, thei be known for contact tracing purposes. jing in confined areas (e.g., dugouts) MUST be limited to allow for social jentity and contact information should + Parents, guardians, and any other individuals who are spectators or would otherwise be spectators and are responsible for the transportation of the athletes MUST NOT congregate. This includes at the fields ‘or outside of their individual modes of transportation. + A drop-off and pick-up line for practices is recommended to avoid unnecessary exposure. '* Water bottles MUST NOT be shared. An individual athlete may use his or her own water bottle, which should be clearly marked with his or her name. Cups used for water should be for single-use and disposable. + Coolers must be properly sanitized after each use, and each team or group shall have its own cooler. | CDC guidance for cleaning and disinfecting coolers, equipment, locker rooms and all other items and/ or areas referenced in these guidelines MUST be followed. + Whirlpools or cold/hot tubs should be avoided. If they are required for use in an emergency, follow best practices, Have a cold-water immersion tub on-site or within 5 minutes of the field. + Ifice towels are available, CDC guidance for cleaning and disinfecting MUST be followed. Ice towels shall be used only once, then discarded or washed properly. * Team huddles, handshakes, fist bumps, and other unnecessary physical contact are not allowed. + Any shared equipment MUST be disinfected with EPA certified products. Equipment should be disinfected, if possible, after each use, or after each inning or play period + Anyjerseys used during these workouts MUST be washed daily and not shared among players. 7. Screening Every coach, athlete or official MUST be screened on a daily basis before they enter the field, campus or facility where the sporting activity is designated to occur. They must wear a face mask for the duration of the health screening unless masking is not possible due to a medical condition. A consistent person should be designated to provide healthcare screenings. This person must wear a face mask and gloves when screening others. ‘The screening process is as follows: Re eee Reece ee Rca mL eL ES Peers gear nee ee er i eee cc)* Ask each individual if they have experienced any of the following new or worsening symptoms within the past 24 hours: + Fever (temperature greater than 100.4 degrees Fahrenheit) * Cough + Shortness of breath or trouble breathing + Sore throat, different than your seasonal allergies + Loss of smell and/or taste + Diarrhea or vomiting + Abdominal pain hey have a close contact who has been diagnosed with COVID-19 in the past 2 weeks. Ifan athlete, coach, or official answers “yes” to any of the screening questions, he or she should stay home and in any event, MUST not enter the field, campus or facility where the sporting activity is designated to ‘occur and will be sent home immediately and told to notify his or her health care provider. If the athlete's parents, guardians, or other transportation provider are not present, the athlete must be escorted toa designated isolation room or an area away from others, and the athlete MUST wear a mask or face covering atall times. Individuals who have had a significant exposure (defined as direct contact or prolonged exposure within 6 feet) to a positive COVID-19 individual MUST quarantine for a minimum of 14 days from the last date of exposure to the positive COVID-19 individual. If the exposed individual has a negative SARS-Cov 2 test, they still must quarantine for 14 days. ifthe exposed individual develops symptoms during these 14 days, testing for SARS Cov-2 should occur. The school, coach, or other official, as applicable, is required to contact the Saint Louis County Department of Public Health to notify the Department employees of the positive screening, The notifying individual must provide information regarding all known contacts of the positive-screened individual. To aid in this contact tracing, all schools, coaches, and other officials conducting the practice or competition must keep a detailed account of all the participants at each practice or competition. If the individual has health-related questions, they shoud consult with their own health care provider. Individuals returning to sports after a COVID-19 diagnosis MUST consult with both their own health care provider and the Department of Public Health. Only the Department of Public Health can release a Saint Louis County resident from quarantine or isolation. erations for those with health condi Certain individual athletes on a team may be at higher risk for severe illness than other athletes, such as athletes who have asthma, diabetes, or other health problems. Those individuals with underlying conditions may be more likely to have severe COVID-19 illness. Parents, guardians, and coaches should give special consideration to protecting these athletes. Athletes, coaches, parents, and guardians should consider delaying the athlete's participation in sports and athletic activities if the athlete has any of the following conditions: * Chronic lung disease, including moderate or severe asthma, + Type2 diabetes, * Chronic kidney disease, + Sickle Cell disease, 8. Special con Reena anc eee eC Pe AMIEL setae te} ‘cep up with the local response and testing sites visit stlcorona.com or call 314-615-2660.+ Heart conditions; or + Immunocompromised (eg. any transplant recipient needing immunosuppressant medications = steroids, biologics, etc., and patients receiving chemotherapy) - if you think your child is immunocompromised, please check with your child's healthcare provider. Parents or guardians who have children with these risk factors should consider consulting with their children’s health care provider about their children’s participation in sports since limited data exist and, in many cases (well-controlled diabetic or asthmatic) an increased risks likely not present. Coaches should ‘exercise caution in attending youth sport activities if they have any of the above-identified conditions. 9, Enforcement Organizations, teams, and coaches must understand the importance of enforcing these restrictions and requirements so that children may continue to participate in sporting activities. Under DPH orders, Saint Louis County can require an organization or team to cease otherwise permitted activities if the restrictions and requirements are not being followed. In addition to the expectation that organizations, teams, and coaches will enforce the requirements set forth in these guidelines, all other enforcement actions, including Department of Public Health ordered closure, civil action, and criminal action, remain available to enforce these guidelines. It is imperative that parents and guardians, as well as those who are organizing and coaching the children/ athletes, emphasize the need to follow these guidelines in order to reduce community transmission of the virus and allow additional permitted activities in the future, including competitive play. This means that ancillary gatherings and meetings of parents and athletes should not be sanctioned or sponsored, Organizations, teams, coaches, and parents MUST, in accordance with DPH orders, cooperate and assist in contact tracing, including maintaining a list of players attending practices. References + Saint Louis County Department of Public Heath COVID-19-Related Orders. + CDC Considerations for Youth Sports. Last reviewed June 17, 2020. + CDC Cleaning and Disinfection Tool. Last reviewed May 7, 2020. + CDCHandwashing Guidelines. Last reviewed April 2, 2020. * Criteria for Return to Work for Healthcare Personnel with Suspected or Confirmed COVID-19 (inte Guidance). Last reviewed April 30, 2020. * Guidelines for Opening Up America Again. Published April 16, 2020. + State of Missouri Novel Coronavirus Analytics. Published May 5, 2020. * The resurgence of sport in the wake of COVID-19: cardiac considerations in compet! + Resocialization of Sports in the Saint Louis Region. Updated 8/28/20. «The Path to Zero and Schools: Achieving Pandemic Resilient Teaching and Learning Spaces. Last Reviewed September 3,2020 ve athletes. Pe ceneeca cerns call 877-435-8411. Get text message alerts by texting STLOUISCOALERT to 67283, coree Une) Pree eee are)EXHIBIT B‘+ 703.070 - State of Emergency—Duties. —n the event of actual enemy attack upon the United States or of the occurrence of disaster from fire, flood, earthquake, or other natural causes involving imminent peril to lives and property in St. Louis County, the County Executive, or during the Executive's temporary disability or absence from the County, the Chairman of the Council, as acting Executive, or the designated Executive, may declare that a state of ‘emergency exists in St. Louis County and may exercise during the actual existence of such emergency the power to enforce all rules and regulations relating to emergency management, and acting under the provisions of RSMo Chapter 44, of acting as an agent of the Governor may take control of all means of transportation and supplies, and all facilities including buildings and plants, and exercise all powers necessary to assure the safety and protection of the civilian population. He may in the event of such emergency by enemy attack, waive any requirements of statute or ordinance pertaining to the advertisement for bids for the performance of public work or entering into contracts. In exercising his powers, he shall be guided by regulations and orders issued by the Federal Government and the Governor of Missouri relating to civil defense and shall take no action contrary to orders issued by the Governor under similar emergency powers. (O.No. 15175, 9-28-90)EXHIBIT CFS] (| aie a na a | ‘Albert S. Watkins, LC p3ta727.011t ‘Admitted: Missour, Htinois, Washington, 0.C. 316-727-0110 Direct Exension: 241 8: 7733 Forsyth Bud, Suite 600 E-mail albertswatkins@kwklaw.net ‘Saint Louis, MO 63105 ‘Ww: w whlaw net September 9, 2020 VIA EMAIL TO: borwick@stlouisco.com Dr. Sam Page clo Beth Orwick, St. Louis County Counselor St. Louis County Executive 41S. Central Avenue Clayton, MO 63105 Dear Dr. Page: Confrontation is the essence of nature. So too is survival Please be advised the undersigned and the law firm of Kodner Watkins, LC represent L.B., a Pattonville High School senior, and a countless but swiftly growing number of St. Louis County residents of color in connection with all legal matters arising out of, pertaining to and touching upon the Youth Sports Guidelines ("Restrictions’) slated to be effective September 11, 2020 (“Effective Date’). Be advised that the scope of our representation includes countless other families who, for lack of a better description, may not be possessed of sufficient melanin to be characterized as being of color. Do not underestimate the importance of the racial composition of my clients. While the subject matter of this correspondence directly affects tens of thousands of St. Louis County families, | am compelled to bring front and center my strong desire to concisely and clearly ‘communicate to you the reality that now is the time for you to opt to be on the right side of history The Restrictions have been crafted such as to inure harshly to the detriment of low and middle-income people of color who have sacrificed and worked diligently to provide opportunity for their children to seek, pursue and procure higher education by means and as a result of scholastic achievement combined with athletic prowess. The adverse impact of the Restrictions will immediately inure to the detriment of my clients. This damage will be irreparable in that the otherwise athletic based scholarship access will be fully and forever abated and unavailable to my clients. Statistically, the athletic based scholarships awarded high school students of color in St. Louis County disproportionately favor youth athletes of color. These athletic based scholarships effectively serve as the only means by which my clients can garner access to institutions of higher learning.Dr. Sam Page September 9, 2020 Page 2 Long standing federal and state law issues aside, during this period of national, nay global, introspection about the reality that indeed black lives matter, you have effectively unilaterally issued an edict which serves as a death knell for the noble pursuit by countless County athletes of color of the dream of college. Of course, it goes without saying that the pursuit by my clients of the collegiate experience taken for granted by whites for generations requires participation by whites on the very same field. Without full participation, the athletic forum is not one which will permit competition to take place 1am happy to take time with your counsel of choice to share the obvious state, federal and constitutional issues at play here. However, I respectfully suggest that you note the pure folly associated with prioritizing the time-consuming legal analysis of longstanding law. Instead, | ‘suggest you contemplate the human consequences of your actions at a time when the systemically and ever-present white privilege is again ruling the day to the detriment of our increasingly color filled community. More succinctly, the human consequences of your actions are foreseeable and remain avoidable, albeit for a short window prior to the Effective Date. The Restrictions make no sense. Play can carry on in St. Charles (a primarily white county) but not in St. Louis County. Those younger than 14 can play in St. Louis County but those older than 14 cannot. One can pull one-armed bandits at smoke filled casinos but our clients cannot pursue their educational dreams on fields of competition ‘The data upon which you purportedly rely as a basis for the Restrictions is, as confirmed in releases from your own office, premised on sadly flawed data, testing and reporting protocols. The County Health Department is not empowered to act beyond the scope of authority granted by virtue of State authority. No such authority exists with respect to the scope and effect of your Restrictions. In researching matters, not one case of COVID-19 has been linked to youth athletic endeavors in St. Louis County. | do not wish to be brazen but itis important for you to be aware of the circulation of your texting communication in this regard over the past few days. Accordingly, permit this to serve as a demand that you fully comply with all state and federal anti-spoliation requirements imposed by law, especially as they relate to electronic transmissions made by you in this regard on and after the 18” day of August, 2020. If the need arises, a Sunshine Act request will be issued for same under separate cover. Demand is hereby made for the immediate holding in full abeyance any and all efforts to enforce the Restrictions and in equally immediate fashion retract the Restrictions such as to have them be held for naught. While the distancing and COVID-19 sensitive measures should be promoted and mandated, the discriminatory imposition of a prohibition of games is not only arbitrary, capricious, devoid of touchtone to scientific evidence, but demonstrative of aDr. Sam Page September 9, 2020 Page 3 patent and tone deaf disregard for the urgent and global call for sensitivity to the message that black lives matter. Your mission is noble. Your contemplated execution of your mission is doomed to go down as yet another act of white privilege in furtherance of an already existing pandemic, namely race based diminution under the guise of authority driven power. Unlike many divisive issues of the day, this matter has bridged the racial divide and created a unifying agar in which inter-racial and inter-familial collaboration knows no bounds. This is about my clients’ children, my clients’ aspirations for their children, and the children’s observance of the commitment of their parents to that which is right, healthy, safe, and consistent with the highest standards of our medical and science experts. The general election looms. The future of our County leadership is on the line. The challenge is clear. Your noble healthcare objective can be met while simultaneously recognizing the sense behind the concems delineated herein. My practice over three and a half decades has accorded me the privilege of picking and choosing and, in many situations, underwriting a cause. I encourage you to re-visit the COVID-19 numbers, the geographic spread, and the tracked genesis of same. Combined, these factors do not support or justify the Restrictions. Failure to comply with the above demand will result in the immediate, time consuming, costly, and highly public pursuit of all available legal and equitable relief. Of course, it goes without saying that the failure to comply with the demand set forth herein will result in furthering perpetuating the white privilege which has for so long served to render our nation’s playing field something far short of level. In the interest of full disclosure, the named initials for the lead student-athlete referenced above is a child of the Republican candidate for County Executive, Paul Berry Ill. As was the case in matters | have addressed on behalf of others in high profile cases involving elected officials, my duty is to my client and not to the adverse elected official, regardless of the whether | supported the legal adversary in the polls. Act at your own peril and, unfortunately, to the potential peril of all of us Very truly yours, ASWirbt Albert S. Watkins, Esq.EXHIBIT DMissouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 171.011 Page 1 of 2 Missouri Revisor of Statutes Constitution Committee Publications About Help & FAQ Other Information & Links W [Words V] [Istsearch term or section] [And _V] [2nd search term aX Title XI EDUCATION AND LIBRARIES Chapter 171 “WH cffective-28augi963 W 171.011. School board may adopt rules and regulations. — The school board of each school district in the state may make all needful rules and regulations for the organization, grading and government in the school district. The rules shall take effect when a copy of the rules, duly signed by order of the board, is deposited with the district clerk. The district clerk shall transmit forthwith a copy of the rules to the teachers employed in the schools. The rules may be amended or repealed in like manner. (L. 1963 p. 200 § 11-1) (Source: RSMo 1959 § 163.010) CROSS REFERENCES: Admission of nonresident pupils, 167.151 Summary suspension of pupils, 167.171 Suspension or expulsion of pupils by board, 167.161 ---- end of effective 28 Aug 1963 ---- use this link to bookmark section 171.011 In accordance with Section 3.090, the language of statutory sections enacted during a legislative session are updated and available on this website on the effective date of * such enacted statutory section. © Other Information Recent Sections. Editorials May Be Cited As Tables & Forms Multiple Enact Repeal & Transfer Definitions Site changes Contact © Other Links Oversight MoLIs Library MO WebMasters https://revisor.mo.gov/main/OneSection.aspx?section=171.01 1&bid=8629&hI= 9/17/2020Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 171.011 Page 2 of 2 MO.gov Missouri House Errors / suggestions - ©Missouri Legislature, all WebMaster@LR.mo.gov rights reserved. , History and Fun Facts a °o eor00281 143) a vv https://revisor.mo.gov/main/OneSection.aspx?section=171.01 1 &bid=8629&hI= 9/17/2020