Preventing Disabled Athlete from Scoring Points Did Not Violate ADA

Aug 3, 2007

A Maryland federal judge has ruled that a wheelchair student athlete should be treated just like other disabled student athletes and not be allowed to accrue points for her school while competing in track meets.
 
Specifically, the court found that while plaintiff Tatyana McFadden is experiencing irreparable harm by not being able to score points for her team, she is not being treated any differently than any other similarly situated disabled athletes. Further, it found that the state rules are in compliance with the Americans with Disabilities Act.
 
Prior to the lawsuit, McFadden, who has spina bifida, had reached a settlement with Howard County Public Schools, which allowed her to compete alongside her teammates, and have her results count in the team’s final score. Howard County Public Schools is the only district that permits wheelchair athletes to score for their teams.
 
In March, she asked a federal judge to force the Maryland Public Secondary Schools Athletic Association to allow her to score points for her team in the MPSSAA-sanctioned regional and state meets, where she was expected to compete at 200 and 400 meters.
 
“The question is whether the constraints on McFadden’s ability to earn points for her team differ in any material, legally cognizable ways from the constraints on the opportunity of similarly situated students,” wrote the judge. “The court is constrained to answer that question ‘no.’”
 


 

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