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Marco, who's from Haddonfield, New Jersey, tossed his bat in the air on July 16 after his sixth-inning, two-run homer in the final of the sectional tournament. Marco was ejected and suspended for a game over what his family was told were actions deemed “unsportsmanlike� and “horseplay.�

The family sought an emergency temporary restraining order that would allow him to play in the New Jersey state tournament that started Thursday.

He got one.

Judge Robert Malestein ruled hours before the game that Marco could play.

Joe Rocco, Marco's father, said the experience was “stressful� but added he was “just happy my son got to play baseball.�

Marco played for Haddonfield against Elmora Little League in the first game of a four-team, double-elimination tournament at the Deptford Township Little League complex. Elmora won 10-0 in a game that was shortened to four innings by the mercy rule. Marco went 0 for 2 with two strikeouts.

Marco was on the bench when the game started — his father said it was to ease Marco into the game — but was inserted at third base after Haddonfield's starting pitcher allowed six runs in two-thirds of an inning and was pulled.

Little League stood behind its umpires but said it would respect the judge's decision.

“While we continue to follow any orders governed by the court of law, Little League is extremely disappointed that time, energy, and attention were diverted away from our volunteers and communities who are creating positive experiences for all players and families throughout the International Tournament,� Little League International wrote in a statement. “Trusted by parents and communities around the world, Little League holds the integrity of the game, respect for game officials, and sportsmanship of teams as core tenants of our program. We expect all players, coaches, volunteers, and staff to uphold these values at all times.�

The sides made their arguments before a judge in Gloucester County Chancery Division on Thursday afternoon, just hours before the game. The winner of the state tournament advances to the regionals, where it has a chance to move on to the Little League World Series.

“Little League maintains that tournament rules serve as the guide for any determination regarding conduct, of which falls distinctly under the discretion of the umpire,� the baseball organization said. “As all youth sports officiating continues to face challenges and abuse by parents and fans, and as we face a nationwide shortage of umpires and volunteers, it is more important than ever that we are supportive of Little League umpires, including the judgements and decisions they make at the local league level.�

Deptford Little League president Don Bozzuffi made national headlines in 2023 when he threatened to turn .

What makes the ejection and suspension noteworthy is that Little League Baseball posts on social media that do not result in punishment.

In fact, Marco has tossed his bat in celebration in prior tournament games without warnings or punishment, according to the court complaint.

“We tried to settle with them. They refused to do it,� Rocco said. “So I had no other option.�

Brian Berkley, the Rocco family attorney, noted Little League has promoted bat-flipping highlights on its website and other social media platforms.

“Let's be clear, there is no express rule in the Little League rule book against flipping a bat in celebration,� Berkley argued. “When it suits Little League's interest, it not only condones bat flipping, but it actually promotes bat flipping.�

Malestein agreed there was a double standard when it came to punishing or promoting bat flipping.

“By punishing this youngster on this occasion and not him on the two prior occasions, or by punishing this youngster and not others, who are on the website and on the social media website, of the X website of Little League baseball, it appears they engaging in an application of their rules which would appear to be arbitrary and capricious,� Malestein said. “Which is, would be, an abuse of discretion.�

Ken Goldin, the owner of Goldin Auctions and star of the reality show “King of Collectibles: The Goldin Touch,� has a son on the Haddonfield team. He said the team was “surprised� the flip merited an ejection.

“I've seen a lot of Marco bat flips,� Goldin said. “It was a little high but it wasn't anything out of the ordinary. It went straight up and it landed straight down, right where he was. I didn't think it was ridiculous. It certainly was a high flip. It's the championship game, the last inning, it put the game away.�

But could this outcome lead to more parents taking blown calls and unhappy outcomes to court?

“I would think so,� Rocco said. “When I talked about bring a suit against Little League, everyone said, ‘You can’t do that, you'll never win. Umpires can do whatever they want.' The court decided different today.�

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