Two Co Kerry teenagers were granted an interlocutory injunction by the High Court yesterday restraining the Kerry County Board of the GAA from preventing them playing for a local club near Killarney.
Tadgh (15) and Derry (13) Ahern, suing through their father, Mr Ted Ahern of Saoirse, Faha, Killarney, were prevented from playing for the Listry GAA Club.
Mr Ahern, in an affidavit, stated that although their address was within the parish of Firies, they had no real connection with that parish and at all stages had been involved in the activities of the adjoining parish of Listry.
His sons had attended Faha National School in the parish of Lis try and, along with the rest of the family, attended Mass in Listry parish church. When they left school, it was inevitable they would want to play with Listry GAA Club.
However, rule 23 of the by-laws of Kerry County Board of the GAA declared that a player could only play with a team in the parish in which he resides or works, or in his native parish if such exists.
Mr Ahern said his sons lived approximately 6.3 miles from the Farranfore pitch where the Firies GAA Club was based, but only 1.4 miles from the pitch in Faha where the Listry club was located. In the past, he said, the issue of club membership had led to the suspension of four under-16 players in the Listry club after an objection by Firies.
Mr Ahern said that because of the strict interpretation by the board of its parish rule, a substantial number of players in the area have given up football. The reason for this was their unwillingness to play for Firies. His sons had not played with Listry because of the parish rule, although they had trained with the club. Verbal representations made to Kerry County GAA Board for his sons' exemption had been rejected. The only suggestion made was that he should seek the agreement of the Firies GAA Club.
Kerry GAA board chairman Mr Sean Walsh, in an affidavit, said it had been the policy of Kerry County Committee that it would only allow the transfer of players to a club outside the parish structure when this was agreed by both clubs. Firies was not agreeing to GAA members residing in its parish playing for Listry. He said the parish rule was essentially designed to protect weaker clubs, particularly at under-age level.
Mr Justice Kearns said the injunction would apply pending the hearing of the action.