Our client Anthony Starego makes history and helps his varsity high school football team win the State Championship

In the middle of the 2012 football season, Brick Township High School senior Anthony Starego, then 18, was competitively selected to be a starting placekicker on Brick’s varsity football team the Green Dragons.  That achievement alone was fairly unprecedented, given that Anthony is diagnosed with autism and other related challenges. Anthony came alive as a player during the 2012 season, with a corresponding increase in his confidence and self esteem.  ESPN covered Anthony’s inspiring story with its film “Kick of Hope.” But then, just a few games later, the 2012 football season was over.

Brick finished its lackluster 2012 season with more losses than wins. Anthony, on the other hand, was going to be staying on at Brick as an IEP student until he turned 21. Accordingly, Anthony’s coaches made application to the New Jersey State Interscholastic Athletic Association (NJSIAA) for a waiver to allow Anthony one further season of competitive play.  Anthony needed the waiver from the NJSIAA because he was going to be 19 at the start of the 2013 football season.  The NJSIAA denied Anthony’s request, citing several reasons for its denial.  Autism Speaks, after being contacted by Anthony’s father, asked Gary Mayerson whether further legal action could be taken that would allow Anthony one further season of competitive play.

In the Spring of 2013, Gary and associate Jacqueline DeVore filed an ADA action in the Trenton, NJ federal district court.  The firm also filed a related appeal in the New Jersey Superior Court.  After a trial, the federal district court rejected as invalid each and every one of the reasons that the NJSIAA had given for denying the waiver request. The district court’s analysis helped to spark further settlement discussions and ultimately, the NJSIAA and New Jersey’s Commissioner of Education agreed that Anthony would be granted a waiver to allow him to play out the 2013 season.

Anthony and his parents were elated at the news, but Anthony still had to compete to win his former position back.  It took Anthony weeks to do so, but as of mid-season, Anthony was back in excellent kicking form, consistently succeeding with his field goal attempts.

Incredibly, the same lackluster team that had not had a winning season for years made it into the playoffs. In fact, Brick emerged from the playoffs with enough wins to play Colts Neck for the State Championship. In a classic, storybook ending, Anthony contributed points from two successful field goal attempts to help his Brick teammates win the State Championship game, 26-15.  In so doing, Anthony made history and helped pave the way for more Anthonys to come.