James asks court to block state ruling

AKRON, Ohio -- LeBron James wants to play, and he's asking a judge to put him back on the court.

James' attorney requested a temporary restraining order Tuesday to block a ruling by state officials that barred the high school superstar for the rest of the season.

The lawyer for the 6-foot-8 senior, who's expected to be the No. 1 pick in this year's NBA draft, said the player did nothing wrong when he accepted two free sports jerseys from a Cleveland clothing store.

"All LeBron did was receive a gift from a friend as congratulations for his academic achievements," attorney Fred Nance said in a 32-page document filed in Summit County Common Pleas Court. "Had LeBron wished to capitalize on his fame, the recompense could be in the millions of dollars."

Judge James Williams set a hearing for this morning. Nance said James, who has since returned the jerseys to the store, will not attend.

James was declared ineligible -- and his team was forced to forfeit a win -- on Friday by Commissioner Clair Muscaro of the Ohio High School Athletic Association for accepting the jerseys worth a combined $845. The OHSAA found that the store gave James the Gale Sayers and Wes Unseld "throwback" jerseys for free, in exchange for posing for pictures to be displayed on its walls.

Muscaro ruled that James broke an amateur bylaw "by capitalizing on athletic fame by receiving money or gifts of monetary value."

The decision came four days after the OHSAA cleared James of any wrongdoing for accepting a $50,000 Hummer H2 sport utility vehicle as an 18th birthday gift from his mother.

Nance said in the court filing that James returned the jerseys when he learned that the gift was controversial and might threaten his amateur status.

James sat out the first game of his career Sunday, and he seems eager to rejoin his teammates. Wearing a gray T-shirt and blue shorts, James attended practice on Tuesday in the school's gym. He warmed up with his teammates and was stretching when coach Dru Joyce closed the practice.

Joyce then ordered green cloth banners to be hung over the glass doors, so no one could see inside.

Joyce refused to comment on James' situation.

Akron St. Vincent-St. Mary, ranked No. 1 in the latest USA Today rankings, next plays in the Isles Prime Time Shootout in Trenton, N.J., this weekend. Because of James' popularity, the school has played in games around the country this season.

The Fighting Irish have four games left before the state playoffs.

If Williams blocks the agency's ruling, James would be cleared to play, pending an appeal to the OHSAA.

James also is expected to appeal his suspension to the athletic association. If he makes that decision, he must appeal in writing. The appeal would be heard by a seven-member board of control -- not including Muscaro -- on Feb. 13 in Columbus.

OHSAA spokesman Bob Goldring said the appeal could be heard earlier if the panel decided to have an emergency meeting.

Nance accused the OHSAA of being frustrated that the school is capitalizing on James' fame by playing in a larger arena, receiving fees from playing in tournaments across the country and contracting with a cable network to televise the games.

Steven Craig, a lawyer for the OHSAA, said, "The commissioner is obligated to interpret and enforce the bylaws as written. That is what he feels he's done in this case and stands by his decision."

The school defended James and said the punishment was too severe.

"LeBron made a mistake and accepts responsibility," James Burdon, chairman of the school's board of trustees, said Tuesday. "He's apologized for the pain he's caused others. However, he has not committed a crime, nor has he consciously hurt anyone."

Burdon said he's confident Williams will issue the restraining order.

The school was initially named a defendant by Nance, but Burdon, an Akron attorney, said St. Vincent-St. Mary will be dropped from the lawsuit.

Nance also asked the judge to reinstate the Jan. 25 win over Buchtel the school had to forfeit.

The filing said that because the jerseys involved personal conduct in which athletics were not involved, only the school -- not the OHSAA -- had the authority to determine whether James had broken the amateur bylaws.

Muscaro also did not discuss the case with James or the school before finding James ineligible, the filing said.

On Tuesday, James said in an exclusive interview with former NFL star Deion Sanders on CBS News' "The Early Show" that he was sorry he took the jerseys.

"If I had known I was violating anything, I would've never done it," James said. "I would've never jeopardized my eligibility. I would've never jeopardized my team."