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I've been waiting for someone here to admit he is an attorney and provide an answer to this question. Since none of my brethren in the bar have stepped up, I'll give it a shot.
First, to the argument that "they changed the timing and foul rules, why can't they change this one?". Answer: Timing and fouls have nothing to do with player safety.
Second, to the question of waivers. The OP indicated he got a "waiver" from the TD. Waiver of what? The TD certainly can't waive the player's right to file a negligence suit. The only thing the TD could give you would be an indemnity/hold harmless agreement, (TD agrees to pay you if you have to pay the player or anyone else because of earrings) which would be essentially worthless unless the TD is independently wealthy, or unless he/she has liability insurance that specifically covers such agreements, which isn't likely. Waiver from the player is worthless as well, because she probably isn't old enough to enter into a legally binding contract. Waiver from her parents might be sufficient, but only if they are fully informed as to the risks involved, etc. Also, waiver from her parents won't help if someone else is injured because you choose to overlook the rule. Think that is far-fetched? The girl's earring catches in another girl's jersey; as the earring rips through the earlobe, a bloody hunk of ear lands on other player's face, causing her to faint and strike her head on the floor. Severe concussion/skull fracture results. And you are in DEEP crap.
Here is my cross-examination of the offending official:
Me: Mr. Official, you are aware of the NFHS rule which prohibits the wearing of jewelry, are you not?
You: Yes, sir.
Me: And you would agree with me that earrings are jewelry, and are thus expressly prohibited by rule?
You: Yes, sir.
Me: And you would also agree with me that the rules specifically provide that they are intended "to provide reasonable safety and protection"?
You: Yes, sir.
Me: And you would agree that, according to this language right here in the rulebook. . . .You know what, why don't you read this highlighted language to the jury for me?
You: "It is the policy of the NFHS Basketball Rules Committee that there be no deviation from the rules unless experimental approval has been granted by the NFHS liaison to the rules committee."
Me: No deviation, that's what it says?
You: Yes, sir.
Me: But you and your partners decided to deviate in this case.
You: No, the TD made that decision.
Me: Does the TD have the authority to overrule you on a traveling call? Or a foul call?
You: No.
Me: Then why in the world would you allow her to overrule you on a safety issue? Who is charged with the responsibility to enforce the rules?
I could go on, but the point is clear. Never, ever, under any circumstances, agree to play a game when a specific, clear violation of a safety rule exists. It just isn't worth the risk. You can never be in trouble for enforcing the rules; ignoring them is another situation entirely.
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