WIAA Arrowhead High School Waiver Lawsuit: Dismissal Denied

Updated December 20, 2025: Judge denies WIAA motion to dismiss, sets March 3 hearing

Waukesha County Circuit Judge Paul Bugenhagen Jr. on December 19 refused to dismiss the lawsuit the Seidl family filed against the Wisconsin Interscholastic Athletic Association. He ordered both sides to submit additional briefs before a March 3, 2026 hearing on whether the WIAA unlawfully exercises governmental authority over public schools.

The ruling keeps alive the temporary injunction that let Tristen Seidl play his senior season at Arrowhead High School. Arrowhead’s 18-15 Division 1 state championship victory over Bay Port on November 21 stands.

Fire Destroys Home, Family Waits 17 Months for Repairs

A fire destroyed the Seidl family’s Dousman home in October 2023, when Tristen was a sophomore at Kettle Moraine High School. Contractors told them restoration was possible, so the family moved through four temporary residences over the next 17 months while keeping Tristen enrolled at Kettle Moraine. They expected to return home before his senior year.

By March 2025, contractors said the damage was too severe. The home came down in April. The family made their Lac La Belle rental permanent, signed a lease through June 2026, and enrolled Tristen at Arrowhead.

Both school districts approved the transfer. The WIAA blocked it.

WIAA Denies Transfer Waiver, Family Files Suit

WIAA officials ruled Tristen ineligible under transfer rules, saying the move was not required by a family relocation and did not qualify for an extenuating circumstances waiver. The family appealed to the WIAA Board of Control on August 15, 2025, but lost.

On August 19, Blayne and Jenell Seidl filed suit in Waukesha County Circuit Court, arguing the WIAA improperly asserted governmental authority over public school athletics. Family attorney William Rettko contended that nothing in state law gives the WIAA power to determine which students can participate in sports.

“We have no evidence in front of us that he can’t go back to Kettle Moraine, where he would have unrestricted eligibility,” WIAA attorney Brent Jacobson stated in court proceedings, according to The Freeman.

Tristen sat out the first two weeks of the season while hearings dragged on without a decision. On September 5, Judge Bugenhagen granted a temporary injunction, finding Tristen would suffer irreparable harm if he missed his senior season and lost his scholarship offer from the University of Sioux Falls.

Seidl went on to play the final seven regular season games and all five postseason contests, finishing with 44 tackles, seven tackles for loss, and 4.5 sacks. He had four tackles, a sack, and a fumble recovery in the state championship game.

December 19 Hearing: Motion to Dismiss Denied

WIAA attorneys argued in their dismissal motion that the organization is a private entity with contractual authority from its 513 member schools, not a governmental agency subject to court review. Jacobson’s brief stated the WIAA has not been delegated governmental authority and does not exercise it when administering eligibility rules.

Jacobson pointed to Governor Tony Evers’ veto of a 2021 Assembly Bill that would have created exceptions for transfer cases. When vetoing the bill, Evers said he objected to the Legislature inserting itself into the decision-making process of a private, member-driven organization.

Both sides invoked the recently resolved Halter v. WIAA case involving former Waterford wrestler Hayden Halter. In that dispute, the Wisconsin Supreme Court found the WIAA acted reasonably but stopped short of answering whether the organization qualifies as a state actor.

Marquette Law professor Matthew Mitten analyzed the ruling and noted the Supreme Court overturned an appellate court’s finding that the WIAA was a state actor. The high court, however, declined to provide its own answer on that question.

Judge Bugenhagen denied the motion to dismiss the certiorari claim and maintained the temporary order from September 5. He requested additional materials from both sides on governmental authority before the March 3 hearing.

Settlement Possible, But Neither Side Has Made Contact

At the December 19 hearing, Judge Bugenhagen asked whether the litigation needed to continue since Seidl had played his final season. Rettko said the family still seeks a permanent injunction to protect Arrowhead from punishment.

Rettko hinted an agreement could be reached if the WIAA provides assurances that Arrowhead will not face sanctions, but neither side has initiated settlement talks.

WIAA leadership wants the case dismissed over concerns about the precedent it would set, Jacobson said.

Arrowhead Union High School District, named as an involuntary plaintiff, had no representation at the hearing.

Case Timeline

Broader Questions About WIAA Authority Remain

The Seidl lawsuit follows a string of legal challenges to WIAA transfer decisions. In February 2025, the Wisconsin Institute for Law and Liberty brought a similar constitutional challenge for Macy Weigel, a Baraboo student whose family faced financial hardship. That suit ended in May when the WIAA reversed its waiver decision.

The March hearing will tackle questions about athletic association authority that Wisconsin courts have avoided answering directly. If judges rule the WIAA lacks authority over public schools, the decision could reshape high school sports governance across the state.

For coverage of Wisconsin education and legal disputes, visit Newzire.

For now, the Seidl family has won the opening round and Arrowhead keeps its state championship trophy in Hartland. The larger question of whether the WIAA can enforce transfer rules over public schools without legislative authorization awaits the March hearing.