St. Louis, Missouri: Judge Grants Robbie Avila Injunction to Play Fifth Season for the Billikens

Saint Louis forward Robbie Avila will play a fifth season of college basketball after a St. Louis judge granted him a preliminary injunction on Thursday, one day before the Billikens face Missouri in one of the biggest games on their home schedule.

St. Louis City Circuit Court Judge Jason Sengheiser granted the injunction and ruled that Saint Louis can carry a 16th roster spot for Avila until a trial is held, which could be several months from now. The ruling effectively clears the 23 year old to play the entire season. Coach Josh Schertz said on Thursday that Avila will be in uniform against Missouri on Friday night, and the Billikens opened their season on Monday with a 92 to 67 home win over Lehigh.

The face of the Billikens

Avila, a 6 foot 10 forward, became a sensation at Indiana State for his signature specs, then followed Schertz to Saint Louis. He averaged 17.3 points as a junior and 12.8 points last season, and he has started 132 of his 137 career games. He was the Atlantic 10 Player of the Year last season.

Saint Louis went 29 and 6 last season, won the Atlantic 10 regular season title and took a No. 9 seed into the NCAA Tournament, where the Billikens beat Georgia in the first round before losing to eventual champion Michigan.

A fight over the five for five model

Avila filed a lawsuit against the NCAA in September seeking a fifth year of eligibility, and he enrolled in graduate courses at Saint Louis. On Oct. 23, Sengheiser granted him a temporary restraining order that made him eligible, and Thursday's injunction keeps him on the court while the case continues.

He is the latest athlete to win eligibility after the NCAA announced earlier this year that it was shifting to a five for five model, giving athletes five seasons to play over a five year period beginning when they turn 19 or graduate from high school, whichever is earlier. The rule was not intended to apply to athletes from the class of 2022 who had used up their eligibility, and that line set off a wave of lawsuits by athletes in a variety of sports across the country.

In most cases, judges have ruled for the players, the AP reported, but coaches fear NCAA appeals could still render some of them ineligible again. "The NCAA screwed up on this deal," Gonzaga coach Mark Few said recently. "You've got to be fair and let these (class of) 22's in."

Avila's path back ran through professional basketball. He played for the Los Angeles Lakers in the NBA summer league, though he never signed a pro contract. Missouri forward Mark Mitchell, who will face Avila and the Billikens on Friday night, played for the Denver Nuggets over the summer and was part of a lawsuit filed in Kentucky that won eligibility, for now, for 38 football and basketball players.