Bosses at Bury FC say they have won a temporary stay of execution over a two-game home fans ban - amid claims of fans using “discriminatory language”.
The club is fighting an order by the Manchester FA to play a couple of home games behind closed doors, in response to allegations after the match at Gigg Lane against West Didsbury and Chorlton FC on September 2.
As well as a two-match full stadium closure, the club was hit with a £350 fine.
Last week, the Manchester FA said the club had “failed to ensure its supporters conducted themselves in an orderly fashion, and failed to ensure they did not use improper, offensive, violent, threatening, abusive, indecent, insulting and provocative language.”
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It added: "The club also admitted that the language and behaviour was discriminatory in that it referred to race, disability, and sexual orientation.
"An independent FA disciplinary commission imposed the sanctions, taking into consideration numerous serious misconduct findings relating to Bury FC supporters in recent seasons.”
The Shakers said it "reported the incident at the time, and provided video and other evidence to the police" and did not dispute the claims that were made.
But the club labelled the punishment "excessive", arguing that excluding well-behaved supporters does "nothing to promote inclusion".
And now a club spokesperson has said it has been successful in an appeal to suspend the sanctions.
On Monday, January 15, the Judicial Panel Vice-Chair, Graeme McPherson KC granted the club’s application and "stayed" the sanction pending the substantive appeal being heard.
The Manchester FA did not oppose the application, Farleys Solicitors said.
Bury FC, who play in the North West Counties League, has admitted it broke an FA rule but has provided mitigation against the breach.
A spokesperson for Bury FC said: “We can confirm that the FA have agreed to a stay of the sanction requiring us to close Gigg Lane to supporters whilst the appeal is heard.
“There will be no sanctions until the appeal process concludes."
The club added that the game on Tuesday night against Wythenshawe was open for both sets of fans to attend but the match was postponed due to a frozen pitch.
Bury are set to face Cheadle Town away on Saturday before their next home match on Tuesday- a borough derby against Ramsbottom United.
Sanctions were due to be imposed for the club’s two upcoming home games, including a match against Wythenshawe which was originally scheduled for January, 16 but postponed until January 23 due to weather conditions.
Mark Hague, partner at Farleys Solicitors, which is acting on behalf of the club during the appeal process, said: “I am pleased to see the outcome achieved for the club, pending the substantive appeal being heard.
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“The club’s fans are extremely important to them and it would have been wrong for the fans not to have been allowed into the stadium pending the appeal being heard, so the right decision has been reached.
“I am grateful for the assistance of Armin Pishro and Steven Flynn of Counsel and to the club’s board who all pulled together to get the application dealt with across a weekend and on very short timescales.”
Bury FC was reinstated to the football pyramid last year following a successful merger between two Bury-based supporters societies, Bury FC Supporters Society and the Shakers Community Society, which represented Bury AFC.
The Manchester FA has been approached for comment about the appeal.
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