3 softball players from Baldwin High School claim they're being treated unfairly because of their gender and have taken their fight to federal court.
They allege the Hawaii Department of Education and County of Maui are in violation of the Patsy Mink Equal Opportunity in Education Act.
"Title 9 was instituted for exactly the reason we're here today to ensure girls treated fairly," said Laurie Temple, American Civil Liberties Union who is representing the players.
The 28 page suit claims that in November the softball team was moved from a field close to campus to one a mile away. That the new field has rocks, holes and hazards that make it unsafe to play on 0 resulting in player injuries.
While the Baldwin High School boys baseball team plays inside the "state of the art" Iron Maehara stadium.
The County of Maui brought photographs as evidence to prove otherwise.
"Pictures of bleachers, grass fencing as you can see it's beautiful grass and condition," said Jane Lovell, Maui County Deputy Corporation Counsel.
The matter went before Federal Judge David Ezra - where cameras were not allowed inside.
Before the court he openly stated that why someone didn't file a Title-9 suit on this years ago was beyond him.
And ruled that a preliminary injunction be placed against the DOE and County. Ordering that an expert be brought in to either bring the old softball field or current field up to standards by season's end.
"That was a pleasant surprise and hope this expert will come back and ensure that the girls get exactly what they deserve," said Temple.
"We do not believe we have violated Title 9, if we ever have a full opportunity we should be able to prove that.">
Judge Ezra ruled that the names of the players who brought the suit be made public.
All parties will be back in court in April to hear what improvements will be done to either of the fields.
