OGDEN, Utah – A father and attorney is suing his daughter’s school district over a policy that limits the number of girls who can play on the Bonneville High School girl’s basketball team.

Rick Westmoreland, who works at the Davis County Attorney’s Office, recently filed a lawsuit against the Weber School District after his ninth grade daughter was not selected to the Bonneville High School basketball team. District officials changed school policy this year to allow only two girls from each junior high to play on the high school team, and Westmoreland’s daughter was number three on the list, the Salt Lake Tribune reports.

“So the coach says, ‘We’d love to have you, but we can’t because of the policy,’” Westmoreland told the news site.

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“The only thing I want to see happen from this is to remove the (cap of) two and let this be sports as it should be,” he said. “Kids try out and coaches either select them or don’t select them.”

District spokesman Nate Tagger said the new policy is intended to allow “students the opportunity to play up if they so choose, but at the same time still make sure that we have a good junior high school program.”

“It should be that exceptional ninth-grade student that moves up,” he said.

Westmoreland’s lawsuit, filed last week in Utah’s 2nd District Court, alleges the two-student policy is arbitrary and capricious and violates his daughter’s constitutional rights.

“If a kid goes up and tries out at the high school and doesn’t make it, that’s one thing,” Westmoreland told the Tribune. “In this case, they’re not doing that. The school district is saying you can only have two.”

Taggert said district attorneys reviewed the claim and filed a motion to dismiss the case because they believe the district’s policy is on solid legal ground.

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“This has gone before our legal counsel, who have found that our policy is sound,” he said. “There’s only five kids who can be on the court at the same time and we want to give as many students a chance to play and play for their school as possible.”

The lawsuit sparked some heated debate online.

“She didn’t make the team. Get over it,” bill m posted.

“The only thing I can’t get over is the incredible ignorance displayed by so many on this subject,” UtahTwisted replied. “She was good enough to make the team but a POLICY did not allow her to be on the team. A big difference that is apparently hard for people to understand …”

“Here’s a novel idea: you suck it up and move on,” Mary posted. “With only two slots open only two girls will be selected and a lot of girls won’t be selected. You sin some and you lose some.”

“I can hear her dad now,” iamrunner wrote. “She should be starting, I’m going to sue the coach.”