Equal Protection in High School Sports Scenario 1 How should schools accommodate players with disabilities? How should the issue be resolved fairly? Erik is a first year student at Central High School, and has been playing competitive junior golf for years. Because of a childhood surgery, he walks with some difficulty. Erik is a good player and wants to try out for Central’s team, but he is unable to walk the 18 holes on a regular basis that are required in high school tournaments. Central’s coach is reluctant to put him on the team, because the city and state high school golf tournaments don’t allow the use of golf carts. STUDENT PANELISTS' RESPONSES Click on a student's name to read his or her bio. Daniel A.  The easiest way to fairly resolve this issue is to allow Erik to use a golf cart because of his extenuating circumstances. If he has the same ability as the other players or greater, he would be an asset to the team and the coach should want to allow Erik on the team. Erik already has a handicap, and to expect a physically disabled person to be able to go through the same strenuous activity of a normal person would only be another unfair handicap, a disadvantage the other players would not have. The Americans with Disabilities Act of 1990 "prohibits discrimination against individuals with disabilities in employment, public services, public accommodations, telecommunications, and other activities." The clause "other activities" is the technical way of saying "and whatever else we think needs to be modified to accommodate physically disabled people." In short, Erik is already playing under a handicap. To provide him with a golf cart would not only be fair, it would be legally correct. To not allow him to play would be a discriminatory act that is against the law. However, golf carts should not be allowed for everyone. Those people that are not physically handicapped should experience the "handicap" of having to walk to each hole of their own power. Read the questions Daniel asked in the Legal Experts Conversation and Sports Celebrities Conversation for this scenario. Jesse A. As described in the Americans with Disabilities Act of 1990, Section 201, Erik is a "qualified individual with a disability". Under Section 202 of the same law, Erik is essentially guaranteed his participation on the golf team and is able to use special transportation in this high school sport, even if it is a modification to the rules. The section provides as follows: "Subject to the provisions of this title, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity" (42U.S.C. §12132). Even beyond the law, however, there are practical reasons why Erik’s use of a golf cart should be granted. This is a high school sport sponsored by a public educational institution. The school should serve to educate all students, in all areas, to the best of its ability. Because Erik has been playing competitive junior golf for years you could safely assume that he would be an asset to the team. By allowing him to join the team it would create a win-win situation: Erik and the team are better off because of his participation. If he is supplied the golf cart and it turns out he is not as competitive/talented as the other members of the team, then they should cut him from the team just like they would any other athlete. Read the questions Jesse asked in the Legal Experts Conversation and Sports Celebrities Conversation for this scenario. Jenelle J. I strongly believe that Erik should not be discriminated against because of his physical limitations. He does not wish to receive an unfair advantage, he simply needs to use a golf cart as a means of transportation. One might argue that Erik would have an unfair advantage because walking 18 holes is rather tiring and might negatively affect a golfer by the end of a tournament. However, the fact that it is difficult for Erik to walk already places him at a disadvantage. Golf tournaments should allow exceptions to their rules for disabled golfers and try to accomodate reasonable needs. As long as Erik golfs in accordance with the rules, how he gets from hole to hole should be of no significance. I find it admirable that Erik is fighting to overcome his unfortunate circumstances and participate in golf. It would be a shame if he was not allowed to golf on his high school team simply because he needs a golf cart. Read the question Jenelle asked in the Sports Celebrities Conversation for this scenario. Scenario 1 is based on a real case. To find out how that case was resolved, go to CBS SportsLine GolfWeb Don't forget to check out Convo Central for other students' comments about this scenario! 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