A disabled San Benito cheerleader and family have filed a lawsuit against the San Benito Consolidated Independent School District.
The lawsuit came on the eve of the San Benito at Weslaco game on Friday, which was the last football game of the season.
Noe Trevio filed the lawsuit on behalf of his niece Alexandria Hernandez.
The lawsuit also included a request for an emergency temporary restraining order against the school district to allow her to participate in the game.
The San Benito High School principle removed the senior from the squad Nov. 4th because of an alleged assault filed by a mother of a San Benito cheerleader.
The lawsuit states that Alexandria is obligated to an equal education and to participate in extracurricular activities by federal and state laws.
The court documents, filed by Trevino, stated that the 17-year-old senior was discriminated against and harassed since joining cheerleading by members and parents.
U.S. District Court Andrew Hanen sided with the family and issued an order forcing the school district to allow Hernandez to participate in the game.
Judge Hanen also ordered a hearing for later this week.