The Windsor Star from Windsor, Ontario, Canada • 59

Toronto girl loses hockey battle, but war will continue TORONTO (CP) -Girls cant play on boys sports teams, the Supreme Court of Ontario ruled Wednesday. Cut within hours of the landmark decision, the lawyer for 12-year-old Justine Blainey said she would appeal the decision, while Ontario Attorney General Ian Scott said the law will be 5 changed so girls can play hockey with boys. i Blainey, a five-foot-one, 100-pound, would-be defenceman with the To-ronto Olympics A of the Metro Toron to Hockey League, had sought an order overturning the Ontario Hockey Associations ban on girls playing on boys teams. Mr. Justice Donald Steele found that the rule did not violate the Charter of Rights because the charter does not apply to private organizations such as hockey leagues.

STEELE ALSO ruled that the section of the Ontario Human Rights Code, which permits discrimination by sex in athletics, is not illegal. He said the section of the code is a reasonable Infringement allowed by the charter. The evidence shows that, while individual females such as Justine may be able to compete in hockey with men for a short number of years, females generally, cannot compete successfully with men in hockey because of physiological differences "Steele said. Blaineys lawyer, Anna Fraser, said the decision marked a sad day for everyone because if discrimination is allowed on the basis of sex, then it can be applied to other minorities across the country. "Thats why weve got to get it into a higher court," said Fraser, who has 30 days to file to the Ontario Court of Appeal.

NOTING THE JUDGE had to take the law as he found it, Scott said the Liberal government intends to change the provincial Human Rights Code "to repeal this inequality. At a news conference after the decision, Blainey said, "I feel, very upset, not only for myself but for ail the other little girls who wont be able to play in higher levels of hockey, she said. Danny Damarlo, the girls coach, said Blainey earned a spot as a first-string defenceman and her teammates are having trouble understanding why she cant play. "I CANT BELIEVE that in the 1980s, with a team the girl has proven she could play for, this would happen," Damario said. Brent Ladds, president of the Onta rio Hockey Association, said he as "gratified that the court upheld the principles of our organization.

But, he said, "It is difficult to revel in a victory when the cost of that victory is disappointment that a 12-year-old hockey player must bear. Fran Rider, president of the Ontario Womens Hockey Association, said her league will do everything it can.to find Blainey a suitable team to play on. t- The women's association supports separate teams and facilities. 'v 'f i 3: ill My ff Time is getting short II BUT, THE AMERICAN League West is a real scramble, only one-half game separating leading California Angels from Kansas City Royals, the only 1984 division titlist with a chance to repeat. And the difference between the two is a game-in-hand the Royals hold on the Angels.

In the final week, all contenders have series scheduled against each other, making things just that much thicker. Details of all races are either below or With only 10 days left in the 1985 major league baseball season, at last theyre getting closer to sorting out the pennant races. The American League East and National League West are closest to closing, with Toronto Blue Jays leading New York Yankees and Los. Angeles Dodgers out front of Cincinnati Reds, each holding a six-game spread. Its narrowing in the National League East, too, with the streaking St.

Louis Cardinals jumping to a four-game bulge over New York Mets. Magic number Dll THURSDAY, SEPTEMBER 26, 1985 Spits deal Mark Gowans ST. LOUIS CARDINALS' Tommy Herr accepts congratulations at the plate after hitting a three-run homer against Philadelphia I Rookies homer stalls Jays ByMaryCaton Star Sports Reporter Mark Gowans' hockey career took more than one change in direction Wednesday afternoon. Shortly before he was to head north with Windsor Spitfires and be the starting goalie in their Ontario Hockey League opener in North Bay tonight against the Centennials, Gowans learned hed been traded to Oshawa Generals for Shane Whelan. Now, hell be eastward bound in a rather surprising trade for an unproven centreman.

IT WAS NO secret that Spits had one too many good goaltenders in Alan Perry, Gowans and rookie Pat Jablonski, but most observers felt any trade would involve the 19-year-old Perry, who is in his final year of junior hockey. Oshawa really wanted Mark Gowans," explained Windsor general manager Jim Rutherford, who said he wasnt necessarily looking for a centre. We went into the draft looking at building with size. We felt we did that on defence but we needed more size up front, said Rutherford. Whelan, an 18-year-old Timmins native, is six-foot-three, 195 pounds and can also play left wing.

Last year, as a first-round draft choice of Oshawa, he had 1 0 goals and 14 assists in 59 games of a rather disappointing season. WHELAN JUST NEVER got untracked in Oshawa. He was the teams third centre behind Dan Gratton (a first-round pick of the NHLs Los Angeles Kings) and Don Biggs, the Generals leading scorer. His father passed away early in the season and before he was over that blow, he suffered a cracked bone in one ankle about mid-way through the year. This year, Whelan was the victim pf the numbers game.

Generals had tyo returning centres in Sean Williams and Scott McCrory plus the possibility of L.A. returning Gratton. They had also picked up John Andersen, who played with Toronto Marlies last season as an undrafted minor midget and they drafted a promising minor midget named Brian Hunt. In Windsor, he joins fellow centre-men Keith Gretzky, J.P. Gorley, Adam Graves, Ian ORear and Pete DeBoer.

THE BOOK ON Whelan is that he has lots of potential, that hes big, strong and an average skater who exhibited a good scoring touch as a midget with Kirkland Lake. Spits are banking on a change, of scenery as the tonic to get him going intheOHL Whelan joined the team buskin Toronto Wednesday as they made their way north. A third-round draft choice of the Philadelphia Flyers this past spring, he had Just returned earlier in the day from their NHL camp. Gowans, a draft choice of the Detroit Red Wings, was at his Novi, home Wednesday evening lout unavailable for comment Oshawa also opens its season tonight in Cornwall. In a related move Wednesday, Oshawa traded backup goalie Dan Gatenby and defenceman Chip Crandall to Sault Ste.

Marie for a draft choice. LAST YEARS number one Oshawa goalie, Kirk McLean was just returned by the New Jersey Devils yesterday. McLean posted a goals against average of 3.30 last season. See SPITS, D15 Phone 258-6532 of main anlranco, antar oil Gladalono PhotoAssociated Press roughs had snapped a 0-for-18 slump by hitting his sixth home run of the year off lefthander Bruce Hurst with one out in the bottom of the ninth inning to tie it 2-2 and force extra innings. Toronto led 1-0 lead on Garth Iorgs seventh homer of 1985 in the fifth, but Dwight Evanss 26th homer, a two-run shot off Stan Clarke, gave the Red Sox a 2-1 lead in the eighth.

LEFTHANDER JIMMY Key had started for Toronto, but left the game in the second inning with a slight groin strain that is not expected to make him miss his next start Saturday in Milwaukee. Jim Acker came on and pitched five innings of one-hit, shutout relief. Hurst set a Red Sox record for most strikeouts in a season by a left-hander, 177, when he fanned Lloyd Mose-by to end the fifth. The previous mark of 176 was set in 1914 by Dutch Leonard. 1 ip: .1 I' 'U riminiv ft i tie that I could drive and he gave me a fastball just above the knees.

"I said a little prayer before going up to bat and just thanked God as I rounded the bases for answering my prayers. Steve Crawford, who started the 10th for the Red Sox, improved his to Tim Lollar, who relieved Mike Trujillo after Jesse Barfield singled to start the bottom of the 13th for his third hit of the game, finished up to earn his first save. THE JAYS squandered a glorious opportunity in the 11th. With one out, Barfield stroked a double to right and pinch-hitter A1 Oliver was walked intentionally. Ranee Mulliniks then walked to load the bases, but Barfield was forced at the plate when Steve Nicosia grounded to short.

Crawford then Induced Fernandez to fly out to end the threat. Toronto pinch-hitter Jeff Bur a .4 1 if -vy I Is to Ibestsf fit matt vffllun anywhEre am Wmdttsoii iundlaiy. M. By Canadian Press A rookies first major-league hit has slowed Toronto Blue Jays march to baseballs American League East title. Mike Greenwell, a late-season recall from Pawtucket of the Interna-f tional League, smashed a two-run homer in the 13th inning, lifting Bos- ton Red Sox to a 4-2 victory Wednes-day night over the Blue Jays in front of 30,542 spectators at Torontos Exhi-bition Stadium.

The loss, coupled with New Yorks Niekro NEW YORK (AP) -JoeNiekrogot the butterflies out of his stomach and back into his repertoire of pitches Wednesday night. I With a five-inning outing, cut short I by a line drive off his shin, Niekro won his first American League base-5 ball game with New York Yankees, beating Detroit Tigers 10-2. He got some relief help from Brian Fisher and Rod Scurry and some powerful offensive assistance from i Don Mattingly, who had four RBI and scored three runs. "WHEN A CLUB trades for you, and especially when the clubs in a pennant race, you get little butter- flies, Niekro said. You want to pitch real good.

Bruins sold for $50 million BOSTON (UPI) The Boston Bruins and their legendary home the Boston Garden will belong to a pair of local businessmen once they come up with $50 million cash. An agreement in principle by the Delaware North Corporation was reached Wednesday in Buffalo, N.Y., by Delaware North Chairman Jeremy Jacobs and real estate developer James Brennan, one of the two buyers. The other is Godfrey Wood. Sam Gifford, a spokesman for the $1 billion multi-national company, said the deal was for 550 million cash, to be paid during the next two weeks. The former owners will retain the concessions in the Garden and the advertising revenue for 20 years.

10-2 victory against Detroit, dropped Torontos lead to six games over the Yankees. Bill Buckner started the 13th with a looping fly to left and was credited with a double after shortstop Tony Fernandez and outfielder George Bell collided while trying to make the catch. 1 GREENWELL THEN drilled his homer over the rightfield fence against John Cerutti, 0-1, the seventh Toronto pitcher. "My mind went blank when I hit it," Greenwell said. "I just wanted a pitch keeps Niekro used his combination of knuckleballs, fastballs and sliders to check the Tigers on four hits before leaving in the sixth.

Mattingly had three hits, a single, a two-run double and a two-run homer, his 31st of the season. His double was his 47th of the season, the most by a Yankee since Lou Gehrig hit 47 in HE ALSO RAISED his majorleagueleading RBI total to 1 35. Rickey Henderson also had three hits, drove in a run and scored four times, giving him 138 runs this season. Thats the most for New York since Tommy Heinrich scored 1 38 in 1 948, Henderson also stole his 75th base of the season, breaking the team record of 74 set by Fritz Maisel in 1 9 1 4. The Yankees got one run off Jack Morris, 15-11, in the first inning on Dave Winfields RBI double, scoring Mattingly, then got three more in the third.

Henderson started the third with a single and stole second. Ken Griffey walked, and Mattingly drove in two with a double into the left-field corner. One out later, Mattingly scored on a single by Ron Hassey. THE YANKEES MADE it 5-1 in the fourth on Ken Griffeys RBJ triple. Hendersons second double of the game chased Morris and scored the first of three sixth-inning runs.

Mattingly followed with his 31st homer of the season off Bill Scherrer. Griffey doubled home Henderson in the eighth, and Winfields grounder scored the 10th run. Niekro allowed the Tigers first run with two out in the first Kirk Gibson walked, stole second and went to third when catcher Hasseys throw went into centre field. Lance Parrish then singled to score Gibson. Scurry walked four batters in the ninth for Detroits second run.

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