Scenario 1 Conversation with Sports Celebrities
How should schools accommodate players with
disabilities?
(To read the scenario in its entirety, with comments from our student
panel, click on the above link. Click on participant names to read bios.)

|
Bonnie St. John Deane |
Participants:
Jenelle, 18 (Laurel, MT)
Daniel, 17 (Evans, GA)
Jesse, 16 (Fridley, MN)
Bonnie St. John Deane, skier.
Jenelle: Do you feel that allowing all golfers to use golf
carts during tournaments would be a possible solution to this problem?
Bonnie St. John Deane: Absolutely. However, there
will be people who believe that using golf carts fundamentally changes the sport...like
moving from outdoor soccer to indoor soccer. It is by no means clear that there is one
fair solution that hurts no one.
Daniel: What other possible legal effects could stem from
allowing Erik to use a golf cart? Could other students claim an unfair advantage? Would
they be able to argue for themselves to also use golf carts? If so, how?
Bonnie St. John Deane: Other students could claim
that walking makes them tired and thus perform less well at swinging the club. Other
students could argue that letting Erik ride in a cart allows him to be less tired than
everyone else. Of course walking makes him more tired than everyone else. If you gave
everyone the option to ride carts, then it might even the playing field. However, as I
have said elsewhere, it may fundamentally change the sport. It depends on whether you feel
walking is really part of the game.
Daniel: Is the term "physically disabled" legally defined? Could
someone argue that Erik is not technically "physically disabled?"
Bonnie St. John Deane: I am not a legal expert, but
I imagine that different laws have different definitions. For example, the Americans with
Disabilities Act (which applies to the world of work) will have a different definition
than the laws covering school sports. Physically disabled in this context will depend on
which laws are involved.
Jesse: Who determines whether you are a "qualified individual with a
disability"? Is that something that can only be determined by a medical doctor?
Bonnie St. John Deane: No. Doctors can determine
whether you have a disability. Deciding whether you are "qualified" depends on
what you are trying to do. For a job the employer must provide a definition of what it
means to be "qualified." For a sport there are rules and judges to decide
whether you are "qualified" to participate in that sport.
The purpose of this column is to identify issues. It does not purport to be
exhaustive or to render legal advice. You should consult with qualified counsel or other
professionals in developing responses to specific situations.
Check out the legal experts' views on this
scenario.
>>Sports celebrities scenario 1 conversation
>>Sports celebrities scenario 2 conversation
>>Sports celebrities scenario 3 conversation
>>Sports celebrities additional questions
Student Panelists | Sports
Celebrities | Legal Experts
Scenario 1 | Scenario 2
| Scenario 3
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