Judge Won't Lift Ban; Michigan Prep Star Remains Benched

DETROIT (WWJ/AP) — A federal judge says there's no constitutional right to play high school sports, rejecting a plea from a Michigan basketball star who's been benched after transferring to a new school for his senior year.

Tom Kithier, a Michigan State recruit, has been declared ineligible to play for Clarkston. Judge Marianne Battani declined to intervene in the decisions of the Michigan High School Athletic Association after hearing arguments Thursday.

The MHSAA says Kithier is ineligible because his transfer from Dakota was motivated by sports and a desire to play with another Michigan State recruit who was his teammate on a summer team.

After the ruling Kithier attorney telling WWJ that there are other avenues to explore and that other lawsuits remain intact despite today's decision.

"Thomas and his family, we're all disappointed. We're working very hard on this to do everything we know how to do for the big fella to play," said attorney Ven Johnson outside the courthouse.

Kithier and his family insist that he left Dakota because he wanted a better education. Clarkston won the Class A championship last year and is 9-1 this season.

© Copyright 2018 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.

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