By: Donald H. Stone
Does the Americans with Disabilities Act of 1990 (“ADA”), the
landmark civil rights act protecting an individual with a physical
or mental impairment, require leveling the playing field in order
for the disabled athlete to compete fairly? Will we see two
bounces in tennis at Wimbledon, four strikes at Yankee Stadium,
enlarging the basketball rim during March Madness, or a head start
for track and field athletes during the Olympics?
Did Casey Martin, a professional golfer with
Klippel-Trenaunay-Weber Syndrome, a degenerative circulatory
condition affecting blood flow, who was permitted by the United
States Supreme Court to use a golf cart while his competition was
required to walk during the PGA Tour, forever change the rules of
the game? Will the ADA’s reasonable accommodation provisions
fundamentally alter the game? Can one level the playing field
in sports without undermining the essence of athletic
competition?
In comparing and contrasting the level of competition ranging from
little league baseball and neighborhood soccer leagues for
children, to high school athletics, National Collegiate Athletic
Association (“NCAA”) college programs, and ultimately to
professional and Olympic sports, is there room for the disabled
athlete to compete fairly, openly, and equitably without disturbing
the precious goal of fair competition? How does the ADA
impact various levels of competition as the game evolves from a
pleasing or amusing pastime for the young athlete to fierce
competition by the elite athlete, particularly when it involves our
national pastime?
Empirical data provided in this Article is submitted to serve as
a backdrop for purposes of elaboration and comparison. One
hundred fifteen high school athletic directors in Virginia,
Pennsylvania, and Maryland, and twenty-three college athletic
programs were surveyed to elicit their opinions on the provision of
accommodations to the disabled high school and college athlete in a
variety of sports. Data was collected on the type of
disability, the particular sport, and the nature of the
accommodation permitted, as well as data on the denial of the
accommodation, with explanations provided.
A variety of the rules of the governing bodies that oversee and
administer various sports, ranging from the NCAA, professional
organizations, and the National Federation of State High School
Associations, will be analyzed. Certain sports and some
specific disabled athletes will be highlighted.
This Article will discuss and analyze court decisions in the
area of reasonable accommodations for the disabled athlete in order
to understand the impact of the ADA and the direction courts are
heading as they tackle this challenging and significant area of
law. Finally, this Article offers recommendations regarding
fair competition in an open and equitable manner for the disabled
athlete in the aftermath of Martin.