After Casey Martin: accommodation demands in sports

by Walter Olson on April 25, 2008

Marc Edelman, guest posting at Above the Law (Apr. 24):

For an example of one of the more extreme disability claims, in Badgett v. Alabama High School Athletic Association, 2007 WL 2461928 (N.D. Ala. 2007), the parents of a wheelchair-bound student with cerebral palsy, Mallerie Badgett, brought a claim arguing that wheelchair-bound students should be allowed to compete for team points against able-bodied students running in a track race on foot. According to the complaint, “Miss Badgett [was] concerned that competing in a separate wheelchair division [would] affect her ability to receive college scholarships and other benefits.” The Northern District of Alabama ultimately, and wisely, denied Badgett’s request for a preliminary injunction.

Edelman also discusses the better-known controversy in which the Lausanne-based Court of Arbitration for Sport will consider (presumably not applying U.S. law) the appeal of double-amputee sprinter Oscar Pistorius who will be arguing that his prosthetic legs do not in fact provide an edge over real legs.

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{ 1 comment }

1 z0l0ft 04.25.08 at 3:04 pm

This will help in my lawsuit again the LA Lakers for not letting me on their team as I consider being a middle-aged Jew with bad knees and no real athletic ability a disability. (Any other older men suffering from whiteboyitis out there looking to join my class action?)

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