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Court decision gives Australian football player opportunity to play in varsity games

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DRAPER, Utah — A federal judge issued an injunction on Thursday against the Utah High School Activities Association. It suspended a rule that restricts foreign student-athletes from competing at the varsity level.

The injunction made it possible for Juan Diego senior Zac Szymakowski, who is originally from Australia, to play in the schools varsity football game Thursday night against Grantsville.

Szymakowski is a kicker and punter for Juan Diego.

The UHSAA implemented a new rule this year, prohibiting foreign students who are legally in the United States on an F-1 visa from playing in varsity games, if their teams wanted to be eligible to play in the postseason play.

On October 7, Foley & Lardner, LLP filed a lawsuit in federal court on behalf of Szymakowski against the Utah High School Activities Association. They pointed to the UHSAA rule as constituting illegal discrimination.

The plaintiffs in the case filed a motion for temporary restraining order and a preliminary injunction with their complain simultaneously.

On Thursday, Szymakowski was granted the opportunity to play at the varsity level, beginning with Thursday night's game.

His parents, Katie Tuckerman and Jerry Szymakowski, who are from Melbourne, Australia were in the stands to see him play.

"We are both ecstatic, it is a mixture of it being really relieved and really proud of what he has done, and just overjoyed that he is finally out there," Jerry said.

They say it was a special night for both them and their son.

"Because he has been here and trained with the team every day and he's done everything that was asked of him as part of the team," said Tuckerman.

Szymakowski released a statement through his attorney's ahead of Thursday's night game:

“I’m very grateful the Court gave me the chance to rejoin my team and play football tonight. I’ll try to do my best to help our team win. I’m really looking forward to the playoffs. I hope all high school students here in Utah on a visa like me also get the chance to play the sport they love. It’s a privilege to be here in America.”

While Thursday was senior night, it isn't the last time Szymakowski is slated to take the field this season. Juan Diego is scheduled to play in a postseason game next week.

FOX 13 News reached out to the UHSAA after hours about Thursday's decision, we are waiting to hear back at this time.