Kelly Holleran Nov. 12, 2012, 1:24pm

The father of a high school football player has filed a temporary restraining order against the Nederland Independent School District, asking it to allow his son to play football after he was kicked off the team when school officials found beer in his vehicle.

Marty Byrd claims someone placed beer in a tool box in his son’s truck, which caused the school district to prohibit his son from participating in extracurricular activities.

Nederland ISD policy states that students have full responsibility of contents found in their lockers or vehicles parked on school property. So, when school officials found six beer cans in Justin Cole Byrd’s truck at 2:15 p.m. Oct. 30, they told the senior varsity football player that he could not return to the team for the remainder of the regular football season, according to the complaint filed Nov. 2 in Jefferson County District Court.

However, Marty Byrd says the beer was placed in his son’s truck without his son’s knowledge or permission.

“According to Marty Byrd, the lock on the tool box that ultimately was found to contain the beer was in working order on Sunday night, October 29th, but on the 30th showed clear signs of damage,” the suit states.

“Marty Byrd further contends that he did not see the beer or the beer container in the tool box the night before. School records indicate that Justin Cole Byrd had not checked out of school on that day and Justin contends that he did not go to his vehicle at all that day and there is no evidence to the contrary. Furthermore, evidence will show that the beer found had condensation and was still cool yet the search took place at approximately 2:15 p.m.”

If the disciplinary measure is upheld, Justin Cole Byrd will miss the remainder of his regular high school football season and will be absent from the first few playoff games, the complaint says.

“The harm to plaintiff is imminent because he will miss extra-curricular activities and class time during his senior year that cannot be replaced,” the suit states.

In his complaint, Marty Byrd is asking the court to prevent the school district from following through with its disciplinary actions and for other relief the court deems just.

P. Dean Brinkley of Templeton and Brinkley in Beaumont will be representing him.

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Case No. B193-550

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