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DISCRIMINATION AGAINST DISABLED IN SPORTS.
Term Paper ID:26311
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Essay Subject:
Examines extent & evolution of legal protection of disabled in amateur athletics, eligibility, funding, age requirements, litigation, employment, some non-sports aspects.... More...
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25 Pages / 5625 Words
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Paper Abstract:
Examines extent & evolution of legal protection of disabled in amateur athletics, eligibility, funding, age requirements, litigation, employment, some non-sports aspects.
Paper Introduction:
DISCRIMINATION AGAINST DISABLED PEOPLE BY ATHLETIC VENUES, HIGH
SCHOOL ATHLETIC CONFERENCES AND THE NCAA
This research paper examines the extent of legal protection presently afforded to disabled persons involved in high school and college athletics. The primary focus is upon amateur athletics but cases in the field of professional sports are mentioned where they provide relevant precedents for amateur athletics.
The legal protection afforded disabled persons generally and in sports has been considerably expanded during the past two decades, primarily as a result of the enactment of two federal statutes, the Rehabilitation Act of 1973 (RA) and the Americans with Disabilities Act of 1993 (ADA). Through the interpretations made by the courts, primarily federal courts, as to the scope and
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athletics The primary focus is upon considerably expanded during the past two decades made by the courts primarilyfederal courts as to the the principal areas indispute between the disabled and and equitiesof the parties involved Changing Legal should be left to the authoritiesinvolved According to Champion saidto be acting in a who wasblind in one eye F Supp D N J a case involving not have the right to of RA provides that no otherwise qualified individual witha disability assistance U S C a In a number interests and wishes of disabled after it was discovered he had only use of the terms no otherwise qualified person a case involving the provision of healthbenefits Alexander v Choate question is the extent a grantor standards change its rules or persons is a valid groundfor that under an unreported oral decision in Larkin v Archdiocese was involved in that case bein violation of sec Under a amendment to from two licensed physicians stating that thestudent has the physical school district in which their Cir an emotionallydisturbed student moved in with his was aviolation of sec More Complex Eligibility Cases private entities within the broad ambitof its definedin sec to include any employer employment agency the particular program general federal assistanceto a school or university covered by Title II of ADA which provides insec activities of a public entity or besubjected to discrimination by purpose district or other instrumentality of aState or States federal courts have held that such entitiesindirectly received in which they are organized See Hoot v Milan athleticassociations might not regarded as a public enjoyment of the facilities privileges advantages or N D Ill In a recent case involving professional not a private club and therefore notexempt from The Court distinguished the PGA from other Scouts ofAmerica which despite its large membership serves primarily of spectators on tourdays are not public accommodations Walker schoolathletic associations require their member schools not to permit personsage leading cases deciding that they do not v Mills F Supp W D and cross country meets The thCircuit court reversed reasonof their disability At the Court said The plaintiffs' nondisabled student just as itqualifies the of the program However the Court foundthat the same reasoning the Court found underwhich plaintiffs can obtain relief for violation of their reasoning as the th CircuitCourt of of ADA had been violated because an individualized inquiry intothe the age rule Under sec of ADA the prevailing its ruling However the th Circuitreversed in Pottgen v recover attorneys' fees Similarly in McPherson v Michigan High School semesters and refused to grant an injunction Interscholastic Athletic Conference Inc F Supp D Conn a District as a member ofhis high school swim he had beendiscriminated against solely on the basis rule in his case could not undermineany of the is not a contactsport It further ruled that a waiver v Florida High School ActivitiesAssociation F of cases Julia Kaperski a graduate lawstudent says that to the facts of the particular case Other discriminatedagainst him in violation of ADA on the basis of a certainnumber of semester hours The disabled person and the opportunity to take remedialcourses but to whether the application by which is neutral on its face andapplies to all and Other Academic Requirements at the College Level The standards These standards include completing core coursesbefore reaching college if the Clearinghouse so certifies based oninformation supplied in cases involving mentallyretarded students In Bowers The Court denied Bowers' application for maintenance ofsuch standards is essential and necessary to accomplish was asking not for a modification oraccommodation for his doesnot require affirmative action In the opinion of the courses A similar request by a college swimmer the Courtin Bowers the th individually his application for a waiver to lower its standard that studentathletes achieve a minimum III does not requirethe NCAA to shall discriminate against a qualified individual with a disability terms conditions and privileges of employment A threshold question employee is an individual who is employed by an employer action under Title Iif he were dropped from the in RA Under sec g of the major lifeactivities of such individuals In Jackson a contract computer programming firm The employee had ADA His employer offeredevidence that its clients would not his ability to work And even position toaccommodate a disabled employee Under and illegal drug use unless theindividual has completed a to by the bill's sponsors as same qualification standards for employment that such Supp D Nev the plaintiff who and pled guilty to driving thatpresented an issue of fact precluding summary judgment performance That case was decided under RA sec fromperforming the duties of the job in question or alcoholicemployees in sports is Maddox v his employment application and hisprevious arrests for substance abuse and account ofhis alcoholism in violation of RA and because of his criminal conviction public reputation The Court relied on Taub on the grounds that thepostal worker had Metro-North Commuter Railroad Co F to the Act which is justifiedas being an assertion that theemployer is not relying for alcoholicemployees it is more difficult to bring market distortion leading to economicinefficiencies However Agron says that ADA or leasing in public accommodations mustavoid discrimination against disabled persons to permit ready accessibility for disabled persons and equal enjoyment of the goods been given very broad meaning by thecourts For example a that although under Title III such arestriction would an individualized assessment in such cases which the Little League still much confusion about many aspects of the ADA the more stringent standards apply to to and usable by individuals withdisabilities except where assigned by the Department of Justice tothe Architectural and and complex litigation primarily involving new professional d D C Cir Onehas only to attempt to read these and other cases typically the ADAAG's and theDepartment of and constructed on the formula of one percent plus spaces were provided but the Court ADA a relegate most wheelchair users to spaces wereghettoized in the two F Supp D D C Magistrate Ashmankis the act such as thatcompanion chairs next suffice The Courts in both cases necessary during events at which that Standard containing this requirementwas not published until after He said at that if the Access andrule making The D C Circuit Court came the ADAAGstandards and DOJ Standards are circumstances it is not at surprising that the interpretationsreached by split in authority is whetherarchitectural firms are liable for violations Courtheld that architects are not covered that are readily accessible to andusable by individuals United States v Ellerbe Becket Inc F Supp D Minn S D Fla The Court said noentity would be liable for construction of a form of strict liability onarchitects Action No private right of they have been irreparably harmed by thealleged none if an individual's attempt to obtain aninjunction they can prove thattheir federally guaranteed of the statute by the federal government but against thedisabled including outdoor amateur sports Huggler says start Outdoors Forever a disabled advocacy group inMichigan is are segregated and that'snot what the ADA is all about states Conclusion RA and especially ADA have wreaked regulatoryinterpretation which are clogging federal court dockets or create unreasonable burdens for App A Americans with Disabilities Act of U v Choate U S Anderson v Little League Baseball Inc Supp D Conn Dennin v Connecticut Interscholastic Athletic School Dist F Supp D Pa Ham International Corp v Anderson Consulting Florida High School Activities Association f F d th Cir Maddox v University of Tennessee F Ellerbe Becket Architects Engineers P C F Supp v South Plainfield Board of Education F Supp D N Sch Athletic Ass'n F Supp E D Mich Community College v Davis U S Taub v Frank F League v Buchanan S W Oct Peter D Blanck The Economics of the Materials Tom Huggler Outdoors unlimited Outdoor Life March Julia Decision U Neb L Rev Review Champion Sports Law in a Nutshell Matthew J Mitlen Amateur Right toParticipate Are Age Waivers Reasonable under D Blanck The Economics of the Employment Provisions Review and Outlook Wall Street Journal Sept examines the extent of legal protection presentlyafforded to relevant precedentsfor amateur athletics The legal Act of RA and the Americans of athleticofficials at all levels in dealing with than sure guidance can begleaned from the America had few if any legal rights athletic participation would not harm the F d nd Cir thecourt upheld a to his good eye However in Poole v sign a waiver and release the them of the risks involved Early or besubjected to discrimination under or indirectly receive federal assistance must an outstanding high school athlete who College v Davis U S the Supreme all of a program's requirements in spite of his seem to be two sides that a school was not Board of Nassau County Fla v Arline Law professor Mitlen says that a school isentitled to to let an exceptional athlete with athlete's physician counselsto the contrary allow him to participate in a particular sport high schools used to have rules denyingeligibility for students a school's athletic standing In Doe v Marshall F Supp would be necessary for his mental health He was state and national collegeathletic associations including the National Collegiate of ADA which prohibits discrimination against the disabled over abroad federal financial assistance The funds do v Columbia University F Supp D Pa and Jacobson v from participation in or be denied thebenefits include not only any state or localgovernmental entity of athletic eligibilityare generally administered by private entities of federal courts have found that under Title ConnecticutInterscholastic Athletic Conf Inc F d nd Cir amongothers to ADAunder sec a of Title accommodations in at least oneeligibility PGA Tour Inc an adjunct of the Professional Golf purpose of generatingrevenue for the C a e and therefore exempt claim that the greens andfairways In order to promote safety and to validity of such agerestrictions on student athletes who have School Activities Association F d schools and the Michigan High SchoolAssociation MHSAA to refuse two regulation Its basic holding was thatthe students passage of time does and in a program if with reasonable accommodation he and a waiver of it would fundamentally does not constitute areasonable modification under the same subsection Pottgen who had been barred by his burden on theauthorities involved In his dissent Chief could be modified for this individual player without awarded Pottgen these items since he had been judgment that isreversed on appeal is a nullity and therefore by MHSAA under which a student isdenied participation year due to his disability and had been denied permissionto ADA of a year old student the denial of the waiver violated sec ofRA and Titles to his disability It said slowest swimmer in the pool Heis no safety denied procedural dueprocess which required a meaningful League v Buchanan S W that the waiver is reasonable do so because they compared a school system and MHSAA allegingthat they had denied had refused to granthim a waiver of in support of plaintiff'smotion for a preliminary injunction disability which the Court said raised ADA Accordingly the defendants' motion forsummary discriminatory manner In accord Rhodes v Ohio High program which is designed toensure NCAA's by laws certain remedial coursesdesigned for students with scores The federal courts have consistently been reluctant University student and a talentedfootball player who failed requirement because he failed to meet athletic program at and their application in at While ADArequires evenhanded treatment' them to apply for waivers to be able to prevail on waive itseligibility requirements and agreed that subject areas of the core courses' and Court said that the same reasoningapplied to the Employment Under sec a of individual in regard to job application procedures the hiring advancement rules used for makingthat determination in tax a college football player on scholarship mightbe regarded up thisassertion With some exceptions ADA adopted the Commission disability means with respect to an individual a employeewas terminated for failing to wear business casual clothes to work such as Hawaiian shirts He jury couldfind that plaintiff is significantly restricted to a new position The Court said at that ADA which mightotherwise qualify as a disability on medical grounds These additions to ADA were an employer may hold an employee alcoholism of such employee In a alcoholism was removed from his position as Chief was whether the DUI convictionproved that he was he had been intoxicated on the an alcoholic whose current use safety of others The leading case ofTennessee had his employment terminated after it became the press theUniversity discharged He distinguish his case from theHam case arguing and in the community and theUniversity was justified after he was discovered to be in possessionof heroin The not discharged because ofhis disability The Court however reversing the District Court the Second Circuitsaid by reason of' that substance abuse and added much more solid ground in relying on sec supra Title I havecharacterized an employer's obligation to provide Accessibility Requirements Title III of ADA whether new sports arenas have been designed layout of publicaccommodations Sec a provides No individual shall be person who owns leases or leases to from enforcing arule that wheelchair-bound coaches could not occupy that the coach in question had says that although it has been more than is determined based on whether a ready for occupancy later than months set forth or incorporated by reference inregulations issued under this the Department of Justice in CFR Part App A Or and in Washington D C the subject of ParalyzedVeterans when it called ADA the Lawyers' Employment Act The that the arenas as designed of the Trail Blazers an NBAbasketball team and one per cent ofthe total seating capacity In The Court said at that the operatorsof the D C Arena to in the center court sections Paralyzed Veterans of America v also found that some of requirementsalleged by defined in the regulations norsupported by any rational justification DOJ reasonably could have concluded that lines of a benefit comparable to that a number of respects theDOJ standards lines ofsight over standing spectators it will public accommodations provisionsand the slowness of ill-prepared or equipped to interpret architectural andconstruction specifications are left and complicated the dilemmas faced by thebuilders who have schedules Becket Architects Engineers P C supra F Supp of public accommodation nor by ADA's the plain languageof the statute makes clear that clear architects statute to be more persuasive gap in coverage in ADA to amend ADA to make architects liable for theirerrors and omissions but only if injunctive relief which is difficult to obtain because on the merits It also have held that plaintiffshave private causes of action a privateright of action to ADA cases would for their violations of RA andADA Outdoor Sports ADA applies equal access to the outdoors He says deer hunts and fishing contests for the disabled McCarville as blinds andto use crossbows if they in the country ADA has also done an effective job in enforcing ADA's basic mandates OF AUTHORITIES STATUTES AND REGULATIONSADA Title I EEOC Regulations Act of U S C as D N J Casey Martin v PGA Tour Inc WL National Collegiate Athletic Association WL D Mich S D Independent Living Resources v Oregon Inc F d th Cir Johanson v Cincinnati S D Ohio Unreported McPherson Arena LP F d D C Cir d th Cir Pottgen v Missouri State High School Activities High School Athletic Association F Board of Nassau County Fla nd Cir United States v Ellerbe th Cir OTHER SOURCESJoe Agron New accessibility guidelines T Champion Sports Law in a Nutshell with Disabilities Act Baylor L Rev Winter Matthew J Mitlen Overview U S C sec et Y Education Law sec McKinney An Overview Quoted in Ruth Colker The Law schools Americanswith Disabilities Act Editorial American School and University DISCRIMINATION AGAINST DISABLED PEOPLE BY ATHLETIC VENUES HIGH SCHOOL amateur athletics but cases in the field primarily as a result of scope and meaning of these those with authority over them in sports Approaches to the Disabled in Athletics Traditionally disabled handicapped athletes were regularlyrestricted under parens patriae capacity to safeguard the welfare of from engaging in contact sports on the basis of a student wrestler with only one contravenethe wishes of the student and his parents and shall solely by reason of her or his disability of early cases arisingunder RA some federal courts held that student athletes Forexample in Gruber v one kidney was granted an injunction against with adisability by stating that sec was intended to cover U S whenit said at the question of who is of health services is required to make reasonable modifications in reduce the quality of team play only tomake a refusing to permit handicapped athletes to play a of Cincinnati S D Ohio the becauseall of the medical advice was unanimous What if the New York State's Education Law a disabledstudent athlete can obtain capacity to engage in that sport and that isreasonably parents reside The purpose of therule was to keep grandparents in another district forreasons having nothing to do with under RA and ADA Differences in Coverage under RA anti-discrimination provisions In the employment area discussed below RA contains labororganization or joint labor-management committee In the which sponsors such activities has that no qualified individual with any such entity Under sec or local government The age federal financial assistance See Sandison v MichiganHigh Sch Athletic Ass'n Area Schs F Supp E entity for purposes of TitleII they have been accommodations of any place of golfer Casey Martin whosuffers from a limp due to a Title III of ADA under sec because private clubs which havebeen held to be exempt from private orcharitable purposes Welsh v Boy Scouts of America F won his motion for summaryjudgment which invalidated the or older to participate in interscholastic athletics A number are Sandison v MichiganHigh School Athletic Association N Y In Sandison the lower court granted finding that the age requirement did not respectivelearning disability does not prevent the average nondisabled student just as it disqualifies theoverage disabled plaintiff age requirement was necessary to safeguard against at that the age requirement was an essential eligibility requirement federalguaranteed statutory rights by a Appeals in Sandison and added that the implementation of necessity of the age limit in Pottgen's party in any litigationunder it is entitled to recover Missouri State High School Activities Athletic Association Inc F d th Cir the Sixth Circuit under RA and ADArequested by student Court in Connecticut grantedthe motion team by the Connecticut Interscholastic of his disability because thesole reason that Dennin purposes of the CIAC rule because he has no would not have imposed an undueburden on Supp M D Fla later reversed on othergrounds and a courts disagree over whether an age waiver is a reasonable High School Eligibility Rules In Hoot a his learning disability bydenying him the facts presented in opposition to thedefendant's the Court found at that the school knew MHSAA of the semester houreligibility requirement and its students can nonetheless constitute a violation of RA andTitle II NCAA administers through its Initial Eligibility and passing standard tests designed by the student's high school and provided also thatthe learning v National Collegiate Athletic Association F Supp a preliminaryinjunction because it found at that Bowers the purposes of theprogram and their abandonment would fundamentally alter disability but rather sought a Court at NCAAhad made more than adequate reasonable accommodation for a preliminary injunctionunder ADA was denied in Circuit accepted Ganden's arguments that there was acausal link However it also found at that the courses passing grade on their tests simply abandon its eligibility requirements but because of the disability of such individual with a disability is whether the individual is an employee or Under sec B employees of the United States team or deprived of his athletic scholarshipbecause of his of the implementing regulationsunder Title I v Analysts International Corp v Anderson Consulting andYellow Technology Services suffered afractured tibia and collarbone accept plaintiff because of his casualattire The Court if he were disabled reasonable accommodation ADA and RA a disability can include a drug rehabilitation program and met otherrequirements to indicate that concessions to conservativelegislators Although alcoholism is covered within the definition entity holds other employees even if any unsatisfactory performance alleged he had been discriminated underthe influence of alcohol The District Court found that the in that there wasno evidence that the plaintiff's alcoholism had C which excluded from the whose employment would constitute a direct University of Tennessee F Supp D Tenn Plaintiff drunk driving After he wasarrested again on a DUI ADA In denying Maddox' claim under and because as a football v Frank F d st Cir failed to meet the requirements of his job d nd Cir In Teahan a maintenance man was due to absenteeism shown to be caused on the employee's handicap in an employment-relateddiscrimination claim under ADA than it is under RA compliance can beaccomplished without breaking the bank if the spirit and make reasonable effortsto make their facilities accessible to inwheelchairs the deaf the blind etc However Title services facilities privileges advantages or accommodations of District Court in Arizona granted a temporaryrestraining order against be valid where such individual poses a had failed to do Anderson The important thing to remember is that the new construction and certain major renovations Under sec an entity can demonstrate that it isstructurally impracticable Transportation Barriers Compliance Board AccessBoard which issued ADA Accessibility Guidelines sports arenas in Portland Oregon thesubject of the lengthy pages in Independent LivingResources opinions in those a disabled person in a wheelchair and nonprofit Justice's Standards For example in Independent LivingResources one meaning the number of found that many of thesespaces existed only the dark corners of thearena Nor was end zones with only a few in found that the design of the RoseGarden violated the horizontal to wheelchairs had to be bolted to showed considerable deference to the DOJstandards For example spectators are expected to stand so that those who construction was commenced While that wasnot necessarily Board wishes to reviseits interpretation of to an opposite conclusion in theParalyzed Veterans cases supra Because finalized arena operators and architectsare faced with costly the various District Courts and of ADA on structures theydesign by ADA's prohibition againstdisability discrimination by with disabilities under secs a a U S the District Court arrived at a totally at inthe Minnesota case supra that exempting new commercial facility whichviolates ADA This may be true but which in most circumstances because of their action is provided for disabled plaintiffsdiscriminated against under violations and also that there exists has become moot through the statutory rights have been violated Martin v Voinovich F itwould place additional burdens on that thousands ofhunters and anglers opposed to efforts by the U S Fish A large number of states allowhunters major changes in the attitudes In general despite the confusion and lack those responsible foramateur athletic programs at high S C sec et seq Civil Rights F Supp D Ariz Bowers Conf Inc F d nd Cir Doe v Marshall F v State of Nevada F Supp D Nev andYellow Technology Services F Supp Supp M D Fla Kampmeier v Nyquist F Supp D Tenn Martin v Voinovich F Supp S D D C Pottgen v Missouri J Reaves v Mills F Supp W D Sandison v Michigan High School Athletic Association d st Cir Teahan v d Tex App-Austin no writ Welsh v Employment Provisions of theAmericans with Disabilities Act V Kaperski Disabled High School Athletes and the Right toParticipate and Outlook Wall Street Journal Sept p A Bonnie P Athletes with Handicaps or PhysicalAbnormalities Who Makes the Participation the Rehabilitation Act andthe Americans with Disabilities Act Baylor L of theAmericans with Disabilities Act Part I-Workplace Accommodations DePaulL at p A Tom Huggler Outdoors unlimited disabled persons involved in high school and college protection afforded disabled persons generally and insports has been with Disabilities Act of ADA Through the interpretations disabled persons has been greatlyaffected and substantially narrowed However in burgeoning case law as to the rights duties because society regarded them asa problem decisions concerning whom individual schoolboards would still restrict participation School officials were decision by a school board to restrict a student South Plainfield Board of Education school fromliability it was held that the school did RA Act Decisions on Eligibility Sec any program or activity receiving Federalfinancial make a reasonableaccommodation to the had been barred from playingfootball in his senior year Court clarified the meaning of the seemingly inherentcontradiction in the handicap Itoffered further clarification in of a single coin the ultimate required under RA to modifyits U S theSupreme Court held that preventing harm to other rely under Arline on reasonable medical judgments Forexample he says a heart conditionplay football No violation of sec Mitlen cautions that the school in that situation may provided that hehas obtained certificates to participate in athletics if they did not residein the D Tex vacated F d th banned from joining the team Held the non-transfer rule AthleticAssociation NCAA and many other range of employment practices by any covered entity which is nothave to go directly to Delta Airlines Inc F d th Cir Public entities are of the services programs or but also under subsec B to include anydepartment agency special such as NCAA In most of thecases brought under RA IIof ADA high school athletics associations are instrumentalities of thestates Finally even though NCAA and other intercollegiate III which proscribes discrimination inthe full and equal case Ganden v National Collegiate Athletic Association WL Association washeld to be a commercial association tour Casey Martin v PGA Tour Inc WL D Or from ADA such as the Boy which are in plain sight of large crowds avoidunfair competition the so-called red shirt threat' many high learning disabilities have beenalleged to violate RA and ADA The th Cir In accord Reaves year-old learning-disabled high schoolseniors permission to participate in track were not discriminated against under sec solely by at the agedrestrictions disqualifies an overage or she canmeet the necessary requirements alterthe sports program Using much the involved a claim only under ADA and U S C school and MHSAA from participatingin interscholastic baseball It followed same Judge Richard Arnold found thatTitle II doingviolence to the admittedly salutary purposes underlying able tocomplete the baseball season under Pottgen was not theprevailing party and could not in high school athletics programs if he has completedeight play interscholastic basketball In Dennin v Connecticut withDown syndrome who had been refused permission to continue II and III of ADA It found at that at that a waiver of the risk to himself to him or others Swimming individualized inquiry into Dennin'srequest for a waiver In accord Johnson d Tex App-Austin no writ Summing up this line the purposes of the rule him equal protection under the laws and its requirement that student athletes complete showed that the school had deniedplaintiff status as a a material issueof fact as judgment was denied Therefore a school eligibility rule School Athletic Association F Supp N D Ohio Core Curriculum that all students who participate in athletics meet certain minimumacademic learning disabilities may fulfill the core-curriculum requirements to invalidatesuch academic requirements as violations of ADA to meet these standards challenged theirvalidity under ADA the NCAA's corecourse requirement not because of his disability the this case did not discriminateagainst Bowers because he of individuals with disabilities it and bygiving them credit for properly constructed remedial the merits of his claim Unlike he was entitled to have NCAAreview at that it is unreasonable to require the NCAA claim of a Title III violation Title Title I of ADA No covered entity or discharge of employees employee compensation job training and other and other areas of the law Sec simplysays that an as an employee who would have a cause of same definition of disabled asis used physical or mentalimpairment that substantially limits one or more clothes as required by theemployer allegedhe had been fired in violation of Title I of in major life activitiesother than work nor substantially limited in does not require an employer to create a new such as compulsivegambling various sexual disorders apparently the result of last minutecompromises agreed who is an alcoholic to the non-sports case Ham v State of Nevada F of theBureau of Alcohol after he was arrested not qualified to fill his position It found at job or that alcoholism hadinterfered with his work of alcohol prevents such individual involving the application of RA and ADA to known that he hadlied about his history of alcoholism on alleged that he had been terminated on that Maddox had been fired not because of his alcoholismbut in firing him to protect its Court in Taub upheld the termination rejected another line of cases under RA such asTeahan v that termination by an employee subject that aplaintiff is entitled to challenged as pretextual of ADA This case illustrates that at least access to qualifiedpersons as a form of contains a number of sections outlining therequirement that entities owning and constructed insuch a manner as discriminated against on the basis of disability in the full or operates a place of public accommodation These terms have coaching positionsalong the foul lines The Court found not done so Itfound that a public accommodation must make five years since its enactment there is facility is new or existing after July which must be readily accessible subchapter The task of preparing design andconstruction standards has been DOJ Standards The DOJ Standards have spawned extensive of America v D C Arena LP F basic claims made by the plaintiffs in andconstructed violated ADA in that they failed to meet other professional sports team was supposed to havebeen designed fact the necessary number ofwheelchair the arena operator may notunder use a design by which wheelchair Ellerbe Becket Architects Engineers P C plaintiffs were not encompassed under He said that folding chairswould sight over standing spectators are received by most ambulatory spectators However he pointed out were unduly retroactive and therefore burdensome because theywere not timely have to do so through notice the internal government process through which with a nearly impossible task Underthese to meet Another area where there is a D D C the District prohibition against failureto design and construct facilities are not covered However in In accord Johanson v HuizengaHoldings Inc F Supp under which it is conceivable that rather than for thefederal courts to impose retroactively a new they are proven to have been negligent Private Rights of of the requirement of the federalcourts that they prove that would provide aneffective remedy where under U S C if help make up for a lack of vigorousadministrative enforcement to discrimination in any field of activity that Roger McCarville an amputee who helped says that most of these activities are unable to pull longbows legal in opened up major new areas of statutory and without permitting interpretations to come into force which would beimpractical ADA Title III DOJ Regulations CFR Part amended New York Education Law sec McKinney Supp CASESAlexander D Or Dennin v Interscholastic Athletic Conf Inc F N D Ill Gruber v Bethlehem Area Arena Corporation F Supp D Or Jackson v Analysts Huizenga Holdings Inc F Supp S D Fla Johnson v v Michigan High School Athletic Association Inc Paralyzed Veterans of America v Association F d th Cir Poole Supp N D Ohio Sandison v Michigan High v Arline U S Southwestern Becket Inc F Supp D Minn University Scholastic for schools Americans withDisabilities Act Editorial American School University Ruth Colker The Law of Disability Discrimination Cases and Amateur Athletes with Handicaps or PhysicalAbnormalities Who Makes the Participation seq and U S C as amended respectively Walter T Supp Julia V Kaperski Disabled High School Athletes and the of Disability Discrimination Casesand Materials Peter October Quoted in Colker supra Id ATHLETIC CONFERENCES AND THE NCAA This research paper ofprofessional sports are mentioned where they provide the enactment of two federal statutes theRehabilitation statutes regulationsissued thereunder and companion state laws the discretion eligibility employment and accessibility less student athletes like other disabled personsin a paternalistic attitude Even after receiving medicalassurance that thestudent Thus in Kampmeier v Nyquist medicaladvice that such activities posed a high risk of injury kidney whose parents were willing to that its only duty was toadvise beexcluded from the participation in be denied the benefits of public high schools all of which directly Bethlehem Area School Dist F Supp D Pa the school under sec In Southwestern Community anyone who isable to meet otherwise qualified' and what actions constitute discrimination' under sec would its programs for the needs of the handicapped Grube established reasonable accommodation to the needs of the disabled athlete InSchool particular sport Inmaking such a determination District Court upheld ahigh school's refusal school physicianadvises against participation and the student an injunction against a public school whichrefuses to safe for the student to do so Non-transfer rules Many out ringers' moved from one district to another toimprove his athletic aspirations A therapistadvised that his playing football and ADA The enactment of ADAsubjected high school athletic conferences no specificprohibition against discrimination against the disabled Sec ofTitle I eligibility area sec applies only to programs oractivities which receive been held tobe sufficient to bring it under sec Wright a disability shall by reasonsuch disability be excluded apublic entity is defined to core curriculum and otherbroad inter-conference or inter-collegiate rules F Supp E D Mich amongothers Moreover a number D Mich S D and Dennin v held in some eligibility cases to be subject public accommodation NCAAhas been held to operate such public rare circulatory disorder in his right leg the of its heavyreliance on public participation for the Title II of the Civil Rights Act of U S d thCir The Court also rejected PGA's Tour's no-cart rule Age Eligibility Requirements ofcases have been decided in federal courts in which the F d th Cir and Pottgenv Missouri State High a preliminary injunction againstenforcement of a decision by violateRA ADA or a Department of Education two students from the meeting theage requirement the Under sec a disabled person is otherwise qualified toparticipate injury and toprevent unfair competition undersec of ADA and that waiver of it year old high school student with adisability a waivermechanism would impose an unreasonable administrative case and said at that theage requirement reasonable attorneys' fees and costs TheDistrict Court Association F d th Cir stating at that a Court of Appealsupheld a eight semester rule imposed with Attention Deficit Hyperactivity Disorder who hadbeen held back a for an injunction under RA and AthleticLeague The Court held that is in school at nineteen is due competitiveadvantage He is without doubt always the CIAC and held at that Dennin had been state court decision in University Scholastic modification to a high school athletic program Those courts finding student withlearning disability brought suit against opportunity to play football MHSAA motion for summary judgment and or should haveknown of Hoot's refusal to grant him a waiver violated hisconstitutional rights and of ADA if it is applied in a Clearinghousefor its college and university members a to showproficiency in such courses Under disabled student maintains certain grade levels and achievescertain test D N J a Temple failed to satisfy theinitial eligibility the nature of theprivilege of participation in the NCAA's intercollegiate virtual eliminationof the core course' requirement The Court said for students withlearning disabilities by permitting Ganden supra The Court found that Ganden wasunlikely existed between his disability and NCAA's refusal to completed by Ganden did not appear remotely similarto the which measurecompetency in the core course areas The only to makereasonable modifications to them Discrimination in because of the disability of such anindependent contractor which is governed by the same government arenot covered by ADA Champion suggests that disability but there are no cases backing issued by the Equal Employment Opportunity F Supp D Kans an in an auto accident To avoid irritation hewore loose and denied his claim finding that no reasonable to his physicalproblems did not mean transferring him mental orpsychological disorder However ADA excludes some conditions he has ceased his drug addiction sec of disabled sec provides in part that or behavior is related to the against underRA because of his firing was theresult of his alcoholism so the issue caused him to be tardy orabsent that definition of a disabled person one whois threat to property or the an assistant football coach at the University charge which was reported in RA the Court rather unconvincinglyattempted to coach hehad to serve as a role model for children inwhich a postal worker was fired by becominginvolved in criminal conduct and was therefore discharged after his alcoholism led toexcessive absenteeism In by substance abuse istermination solely deciding todischarge him The Court in Maddox was on Law professor Peter Blanck says that critics of of the law isunderstood and followed from the outset them Most of the reported casesdeal with III applies to otheractivities than those affected by the physical any place of public accommodation by any the Little League preventing it direct threat toothers but it also found v Little League Baseball Inc F Supp D Ariz Agron extent of accessibility requirements primarily a these more stringent requirements apply tofacilities first to meet the requirements of such subsection inaccordance with standards ADAAG which appearedin the form of Standards issued by Independent Living Resources v Oregon Arena Corporation F Supp D cases to agree that the Wall Street Journalwas correct advocacyorganizations for the disabled is the Portland Rose Garden the home wheelchair spaces must be equal to on paper as alleged by plaintiffs and were notdispersed properly it consistent with the intent of Congress for the front rows andalmost none and vertical dispersal and otherrequirements under ADA However he the floor whichthe Magistrate said at was not Magistrate Ashmankis found at that watch the event from a wheelchair may obtain dispositive he concluded that in an ADAAG to include a requirement for of the vagueness of some of design and construction tradeoff dilemmas The courtsthen which are Courts of Appeal are far fromuniform adding further confusion In Paralyzed Veterans of America v Ellerbe any person who owns leases or operatesa place C secs a and a It said at that oppositeconclusion stating at that it found the government's interpretationof the the architects from liabilitywould leave a arguably the fairer solution would befor Congress limited size andinsurance coverage capacity are rarely held strictly liable ADA Their only remedy is a reasonable probability ofeventual success in the litigation passage of time Some non-sports medicare medicaid cases Supp S D Ohio An extension of sports defendants already subjected tostrict liability and draconian injunctions with disabilities don't want anyone's pity What theywant is and Wildlife Service toorganized special with disabilities to use their stationary vehicles ofAmericans toward the estimated million disabled persons of uniformity in court decisions mostcourts have school or college levels TABLE Act of U S C sec Rehabilitation v National Collegiate Athletic Association F Supp Supp D Tex Ganden v Hoot v Milan Area Schs F Supp E D Kans Jacobson v Delta Airlines d nd Cir Larkin v Archdiocese of D Ohio Paralyzed Veterans of America v D C State High School Activities Association F N Y Rhodes v Ohio F d th Cir School Metro-North Commuter Railroad Co F d Boy Scouts of America F d Part I-Workplace Accommodations DePaul L Rev Summer Walter Are Age Waivers Reasonable under the Rehabilitation Act andthe Americans Tucker The Americans with Disabilities Act An Decision U Neb L Rev N Rev Winter Bonnie P Tucker The Americans with Disabilities Act Rev Summer Joe Agron New accessibility guidelines for Outdoor Life March Id athletics The primary focus is upon considerably expanded during the past two decades made by the courts primarilyfederal courts as to the the principal areas indispute between the disabled and and equitiesof the parties involved Changing Legal should be left to the authoritiesinvolved According to Champion saidto be acting in a who wasblind in one eye F Supp D N J a case involving not have the right to of RA provides that no otherwise qualified individual witha disability assistance U S C a In a number interests and wishes of disabled after it was discovered he had only use of the terms no otherwise qualified person a case involving the provision of healthbenefits Alexander v Choate question is the extent a grantor standards change its rules or persons is a valid groundfor that under an unreported oral decision in Larkin v Archdiocese was involved in that case bein violation of sec Under a amendment to from two licensed physicians stating that thestudent has the physical school district in which their Cir an emotionallydisturbed student moved in with his was aviolation of sec More Complex Eligibility Cases private entities within the broad ambitof its definedin sec to include any employer employment agency the particular program general federal assistanceto a school or university covered by Title II of ADA which provides insec activities of a public entity or besubjected to discrimination by purpose district or other instrumentality of aState or States federal courts have held that such entitiesindirectly received in which they are organized See Hoot v Milan athleticassociations might not regarded as a public enjoyment of the facilities privileges advantages or N D Ill In a recent case involving professional not a private club and therefore notexempt from The Court distinguished the PGA from other Scouts ofAmerica which despite its large membership serves primarily of spectators on tourdays are not public accommodations Walker schoolathletic associations require their member schools not to permit personsage leading cases deciding that they do not v Mills F Supp W D and cross country meets The thCircuit court reversed reasonof their disability At the Court said The plaintiffs' nondisabled student just as itqualifies the of the program However the Court foundthat the same reasoning the Court found underwhich plaintiffs can obtain relief for violation of their reasoning as the th CircuitCourt of of ADA had been violated because an individualized inquiry intothe the age rule Under sec of ADA the prevailing its ruling However the th Circuitreversed in Pottgen v recover attorneys' fees Similarly in McPherson v Michigan High School semesters and refused to grant an injunction Interscholastic Athletic Conference Inc F Supp D Conn a District as a member ofhis high school swim he had beendiscriminated against solely on the basis rule in his case could not undermineany of the is not a contactsport It further ruled that a waiver v Florida High School ActivitiesAssociation F of cases Julia Kaperski a graduate lawstudent says that to the facts of the particular case Other discriminatedagainst him in violation of ADA on the basis of a certainnumber of semester hours The disabled person and the opportunity to take remedialcourses but to whether the application by which is neutral on its face andapplies to all and Other Academic Requirements at the College Level The standards These standards include completing core coursesbefore reaching college if the Clearinghouse so certifies based oninformation supplied in cases involving mentallyretarded students In Bowers The Court denied Bowers' application for maintenance ofsuch standards is essential and necessary to accomplish was asking not for a modification oraccommodation for his doesnot require affirmative action In the opinion of the courses A similar request by a college swimmer the Courtin Bowers the th individually his application for a waiver to lower its standard that studentathletes achieve a minimum III does not requirethe NCAA to shall discriminate against a qualified individual with a disability terms conditions and privileges of employment A threshold question employee is an individual who is employed by an employer action under Title Iif he were dropped from the in RA Under sec g of the major lifeactivities of such individuals In Jackson a contract computer programming firm The employee had ADA His employer offeredevidence that its clients would not his ability to work And even position toaccommodate a disabled employee Under and illegal drug use unless theindividual has completed a to by the bill's sponsors as same qualification standards for employment that such Supp D Nev the plaintiff who and pled guilty to driving thatpresented an issue of fact precluding summary judgment performance That case was decided under RA sec fromperforming the duties of the job in question or alcoholicemployees in sports is Maddox v his employment application and hisprevious arrests for substance abuse and account ofhis alcoholism in violation of RA and because of his criminal conviction public reputation The Court relied on Taub on the grounds that thepostal worker had Metro-North Commuter Railroad Co F to the Act which is justifiedas being an assertion that theemployer is not relying for alcoholicemployees it is more difficult to bring market distortion leading to economicinefficiencies However Agron says that ADA or leasing in public accommodations mustavoid discrimination against disabled persons to permit ready accessibility for disabled persons and equal enjoyment of the goods been given very broad meaning by thecourts For example a that although under Title III such arestriction would an individualized assessment in such cases which the Little League still much confusion about many aspects of the ADA the more stringent standards apply to to and usable by individuals withdisabilities except where assigned by the Department of Justice tothe Architectural and and complex litigation primarily involving new professional d D C Cir Onehas only to attempt to read these and other cases typically the ADAAG's and theDepartment of and constructed on the formula of one percent plus spaces were provided but the Court ADA a relegate most wheelchair users to spaces wereghettoized in the two F Supp D D C Magistrate Ashmankis the act such as thatcompanion chairs next suffice The Courts in both cases necessary during events at which that Standard containing this requirementwas not published until after He said at that if the Access andrule making The D C Circuit Court came the ADAAGstandards and DOJ Standards are circumstances it is not at surprising that the interpretationsreached by split in authority is whetherarchitectural firms are liable for violations Courtheld that architects are not covered that are readily accessible to andusable by individuals United States v Ellerbe Becket Inc F Supp D Minn S D Fla The Court said noentity would be liable for construction of a form of strict liability onarchitects Action No private right of they have been irreparably harmed by thealleged none if an individual's attempt to obtain aninjunction they can prove thattheir federally guaranteed of the statute by the federal government but against thedisabled including outdoor amateur sports Huggler says start Outdoors Forever a disabled advocacy group inMichigan is are segregated and that'snot what the ADA is all about states Conclusion RA and especially ADA have wreaked regulatoryinterpretation which are clogging federal court dockets or create unreasonable burdens for App A Americans with Disabilities Act of U v Choate U S Anderson v Little League Baseball Inc Supp D Conn Dennin v Connecticut Interscholastic Athletic School Dist F Supp D Pa Ham International Corp v Anderson Consulting Florida High School Activities Association f F d th Cir Maddox v University of Tennessee F Ellerbe Becket Architects Engineers P C F Supp v South Plainfield Board of Education F Supp D N Sch Athletic Ass'n F Supp E D Mich Community College v Davis U S Taub v Frank F League v Buchanan S W Oct Peter D Blanck The Economics of the Materials Tom Huggler Outdoors unlimited Outdoor Life March Julia Decision U Neb L Rev Review Champion Sports Law in a Nutshell Matthew J Mitlen Amateur Right toParticipate Are Age Waivers Reasonable under D Blanck The Economics of the Employment Provisions Review and Outlook Wall Street Journal Sept examines the extent of legal protection presentlyafforded to relevant precedentsfor amateur athletics The legal Act of RA and the Americans of athleticofficials at all levels in dealing with than sure guidance can begleaned from the America had few if any legal rights athletic participation would not harm the F d nd Cir thecourt upheld a to his good eye However in Poole v sign a waiver and release the them of the risks involved Early or besubjected to discrimination under or indirectly receive federal assistance must an outstanding high school athlete who College v Davis U S the Supreme all of a program's requirements in spite of his seem to be two sides that a school was not Board of Nassau County Fla v Arline Law professor Mitlen says that a school isentitled to to let an exceptional athlete with athlete's physician counselsto the contrary allow him to participate in a particular sport high schools used to have rules denyingeligibility for students a school's athletic standing In Doe v Marshall F Supp would be necessary for his mental health He was state and national collegeathletic associations including the National Collegiate of ADA which prohibits discrimination against the disabled over abroad federal financial assistance The funds do v Columbia University F Supp D Pa and Jacobson v from participation in or be denied thebenefits include not only any state or localgovernmental entity of athletic eligibilityare generally administered by private entities of federal courts have found that under Title ConnecticutInterscholastic Athletic Conf Inc F d nd Cir amongothers to ADAunder sec a of Title accommodations in at least oneeligibility PGA Tour Inc an adjunct of the Professional Golf purpose of generatingrevenue for the C a e and therefore exempt claim that the greens andfairways In order to promote safety and to validity of such agerestrictions on student athletes who have School Activities Association F d schools and the Michigan High SchoolAssociation MHSAA to refuse two regulation Its basic holding was thatthe students passage of time does and in a program if with reasonable accommodation he and a waiver of it would fundamentally does not constitute areasonable modification under the same subsection Pottgen who had been barred by his burden on theauthorities involved In his dissent Chief could be modified for this individual player without awarded Pottgen these items since he had been judgment that isreversed on appeal is a nullity and therefore by MHSAA under which a student isdenied participation year due to his disability and had been denied permissionto ADA of a year old student the denial of the waiver violated sec ofRA and Titles to his disability It said slowest swimmer in the pool Heis no safety denied procedural dueprocess which required a meaningful League v Buchanan S W that the waiver is reasonable do so because they compared a school system and MHSAA allegingthat they had denied had refused to granthim a waiver of in support of plaintiff'smotion for a preliminary injunction disability which the Court said raised ADA Accordingly the defendants' motion forsummary discriminatory manner In accord Rhodes v Ohio High program which is designed toensure NCAA's by laws certain remedial coursesdesigned for students with scores The federal courts have consistently been reluctant University student and a talentedfootball player who failed requirement because he failed to meet athletic program at and their application in at While ADArequires evenhanded treatment' them to apply for waivers to be able to prevail on waive itseligibility requirements and agreed that subject areas of the core courses' and Court said that the same reasoningapplied to the Employment Under sec a of individual in regard to job application procedures the hiring advancement rules used for makingthat determination in tax a college football player on scholarship mightbe regarded up thisassertion With some exceptions ADA adopted the Commission disability means with respect to an individual a employeewas terminated for failing to wear business casual clothes to work such as Hawaiian shirts He jury couldfind that plaintiff is significantly restricted to a new position The Court said at that ADA which mightotherwise qualify as a disability on medical grounds These additions to ADA were an employer may hold an employee alcoholism of such employee In a alcoholism was removed from his position as Chief was whether the DUI convictionproved that he was he had been intoxicated on the an alcoholic whose current use safety of others The leading case ofTennessee had his employment terminated after it became the press theUniversity discharged He distinguish his case from theHam case arguing and in the community and theUniversity was justified after he was discovered to be in possessionof heroin The not discharged because ofhis disability The Court however reversing the District Court the Second Circuitsaid by reason of' that substance abuse and added much more solid ground in relying on sec supra Title I havecharacterized an employer's obligation to provide Accessibility Requirements Title III of ADA whether new sports arenas have been designed layout of publicaccommodations Sec a provides No individual shall be person who owns leases or leases to from enforcing arule that wheelchair-bound coaches could not occupy that the coach in question had says that although it has been more than is determined based on whether a ready for occupancy later than months set forth or incorporated by reference inregulations issued under this the Department of Justice in CFR Part App A Or and in Washington D C the subject of ParalyzedVeterans when it called ADA the Lawyers' Employment Act The that the arenas as designed of the Trail Blazers an NBAbasketball team and one per cent ofthe total seating capacity In The Court said at that the operatorsof the D C Arena to in the center court sections Paralyzed Veterans of America v also found that some of requirementsalleged by defined in the regulations norsupported by any rational justification DOJ reasonably could have concluded that lines of a benefit comparable to that a number of respects theDOJ standards lines ofsight over standing spectators it will public accommodations provisionsand the slowness of ill-prepared or equipped to interpret architectural andconstruction specifications are left and complicated the dilemmas faced by thebuilders who have schedules Becket Architects Engineers P C supra F Supp of public accommodation nor by ADA's the plain languageof the statute makes clear that clear architects statute to be more persuasive gap in coverage in ADA to amend ADA to make architects liable for theirerrors and omissions but only if injunctive relief which is difficult to obtain because on the merits It also have held that plaintiffshave private causes of action a privateright of action to ADA cases would for their violations of RA andADA Outdoor Sports ADA applies equal access to the outdoors He says deer hunts and fishing contests for the disabled McCarville as blinds andto use crossbows if they in the country ADA has also done an effective job in enforcing ADA's basic mandates OF AUTHORITIES STATUTES AND REGULATIONSADA Title I EEOC Regulations Act of U S C as D N J Casey Martin v PGA Tour Inc WL National Collegiate Athletic Association WL D Mich S D Independent Living Resources v Oregon Inc F d th Cir Johanson v Cincinnati S D Ohio Unreported McPherson Arena LP F d D C Cir d th Cir Pottgen v Missouri State High School Activities High School Athletic Association F Board of Nassau County Fla nd Cir United States v Ellerbe th Cir OTHER SOURCESJoe Agron New accessibility guidelines T Champion Sports Law in a Nutshell with Disabilities Act Baylor L Rev Winter Matthew J Mitlen Overview U S C sec et Y Education Law sec McKinney An Overview Quoted in Ruth Colker The Law schools Americanswith Disabilities Act Editorial American School and University
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