Federal lawsuit: Cheer coaches groomed, abused Lorain County resident

Numerous cheerleading companies and coaches are facing a lawsuit in U.S. District Court in Cleveland over allegations of sexual abuse of a minor from Lorain County that took place in Northeast Ohio eight years ago. In an 81-page lawsuit filed Nov. 28, the plaintiff alleges that while he was younger than 18, several coaches groomed him for abuse, that several dance and cheerleading federations knew of the abuse, did nothing about it, created a culture that fostered it, and then covered it up. The lawsuit, assigned to U.S. District Judge Pamela Barker's court, seeks compensatory damages for violations of the federal Protecting Young Victims From Sexual Abuse Act, the Racketeering Influence and Corrupt Organizations or RICO Act, the Consumer Sales Practices Act, gross negligence, negligent supervision, assault/battery, breach of contract, unjust enrichment, fraud, negligent security, civil conspiracy, and intentional infliction of emotional distress. The plaintiff, identified in the lawsuit only as "John Doe" and a Lorain County resident, alleged that while working out at a private U.S. All-Star Federation-member gym, he was first groomed and later sexually abused by at least two coaches affiliated with the organization. Defendants Brandon Hale, Taji Davis and ShowPro Choreography — now known as Showtyme Productions and based in North Carolina — did choreography services at the gym and had access to minors "on an intimate level and forming bonds with these minor athletes" according to the lawsuit. The credentialed USASF coaches, both in their 20s at the time, "systematically groomed and sexually abused" John Doe, according to his lawsuit. USASF, USA Cheer and other defendants "knew or had reason to know" that the coaches and ShowPro had engaged in misconduct and abuse involving minors after he reported it several years later, according to John Doe's lawsuit "Though initially scared to come forward," John Doe reported the alleged abuse to USASF representatives, but USASF never suspended the coaches or ShowPro Choreography and continued to allow them to have access to minors, according to his lawsuit. The alleged abuse started in 2014 when John Doe, then 15, was training in an Avon Lake gym that contracted with the coaches and ShowPro for choreography services. In 2015, John Doe later moved to a new gym in Brecksville that also used Davis, Hale and ShowPro. In July 2016, when John Doe was 17, Davis and Hale allegedly began exchanging messages with him and invited him to a hotel room in Westlake early one morning. It was there that the two allegedly offered John Doe alcohol and had sex with him though he was "hesitant and initially refused," and "demonstrated his reluctance and attempted to leave," according to the lawsuit. John Doe later reported the incident. Police got involved but did not pursue charges because John Doe was 17 and over the age of consent for sexual activity, which is 16 in Ohio. John Doe also sent anonymous emails to several USASF-affiliated gyms, and both California law enforcement and USASF investigated, according to the lawsuit. Davis and Hale were temporarily suspended by USASF in 2020, but were later reinstated and allowed to continue coaching, according to the lawsuit. Neither lives in Ohio. Following a sexual grooming scandal in 2019, USASF and USA Cheer developed a system for athletes to report concerns as well as list of ineligible coaches and individuals who had been reported for abuse or endangering athlete safety. None of the named defendants are on the list, but the lawsuit alleges the defendants have not enforced their own policies and procedures to protect athletes from abuse. "USASF has been excruciatingly slow to develop policies and procedures for keeping athletes safe from sexual abuse in an industry rife with it," according to the lawsuit. Also named as defendants in the lawsuit are the USASF, USA Cheer, Varsity Brands LLC, Varsity Spirit LLC, Varsity Brands Holding Company Inc. of Texas, and their owner/operator Jeff Webb, as well as the Boston-based private investment firms Bain Capital and Charlesbank Capital Partners, which are part-owners of the Varsity brand. Varsity organizes camps, clinics and competitions for cheering and dance and also sells merchandise, "encompassing as much as 90 percent of the industry's gyms, coaches, vendors and athletes," according to the lawsuit. Varsity earned more than $1.3 billion in 2021, according to the lawsuit. In a statement, Varsity denied the allegations and said John Doe's attorneys were making "unfounded allegations against Varsity without a shred of evidence." "To be clear, Varsity stands with the survivors and their pursuit of justice," the company said in a statement to The State newspaper in Columbia, South Carolina, where John Doe's attorneys from the Strom Law Firm are based. "We are outraged that predators took advantage of cheerleading programs to abuse innocent children. We reject any accusation that Varsity Spirit enabled such unthinkable behavior."