Judge: "Wheels = Legs" - Fantasy Baseball Cafe 2014 Fantasy Baseball Cafe
100% Deposit Bonus for Cafe Members!

Return to General Talk

Judge: "Wheels = Legs"

Moderator: Baseball Moderators

Judge: "Wheels = Legs"

Postby RugbyD » Wed Apr 19, 2006 8:35 am

this is rare, but i have no comment. no comment is even needed.

http://www.baltimoresun.com/news/local/ ... ?track=rss

Judge allows wheelchair-bound student to compete

The Associated Press
Originally published April 17, 2006, 8:04 PM EDT

A federal judge has issued a preliminary injunction against a school district that will allow a wheelchair athlete to run at track events at the same time as her able-bodied teammates.

Tatyana McFadden, 16, won two medals at the 2004 Paralympics in Athens and is a student at Atholton High School in Columbia. The Howard County school system had allowed her to practice with the track team, but ruled she must compete in separate wheelchair events.

That meant she mostly competes by herself, according to Lauren Young of the Maryland Disability Law Center, which filed a federal suit on McFadden's behalf.

But on Monday, U.S. District Judge Andre M. Davis granted McFadden's request for a preliminary injunction against the school system, The (Baltimore) Daily Record reported.

"It's what I've been waiting for," McFadden, who will now race with her teammates and other competitors at a meet tomorrow, told The Record. "I was fortunate that the judge understood my side."

Mark Blom, an attorney for the school system, said last month when the suit was filed that the system has worked extensively with McFadden to allow her to be a part of the team and to incorporate wheelchair events into track competitions, but is against merging the two types of events.

But Davis disagreed.

"The more I hear your argument, the more transparently arbitrary and capricious it becomes,"
the judge said to Blom and P. Tyson Bennett, who represented the Howard County Board of Education and the superintendent of the Howard County Public Schools. "She's not suing for blue ribbons, gold ribbons or money - she just wants to be out there when everyone else is out there."

McFadden's claims were based on the Rehabilitation Act, which prohibits exclusion of persons with disabilities from programs and activities that receive federal funds, the law center said. McFadden has spina bifida.

Her mother, Deborah McFadden, said Monday's ruling was a landmark.

"The Rehabilitation Act has been around for 33 years," she said. "Maybe we've succeeded in a classroom setting, but there's more to a person's life."
TennCare rocks!!!!
RugbyD
Hall of Fame Hero
Hall of Fame Hero

User avatar
Cafe Ranker
Posts: 5591
Joined: 7 Dec 2004
Home Cafe: Baseball
Location: punting small dogs and being surly

Postby thedude » Wed Apr 19, 2006 9:23 am

I am not really sure what events she wants to run, but i know that the wheel chair race takes about 60 minuets less than the runners, in the marathone. It kinda seems like this might give here an edge, at least in long distance races.
"I do not think baseball of today is any better than it was 30 years ago... I still think Radbourne is the greatest of the pitchers." John Sullivan 1914-Old athletes never change.
thedude
Hall of Fame Hero
Hall of Fame Hero

User avatar
CafeholicPick 3 Weekly Winner
Posts: 8413
(Past Year: 2)
Joined: 18 Dec 2004
Home Cafe: Baseball
Location: The Good Life

Postby Omaha Red Sox » Wed Apr 19, 2006 10:14 am

I don't understand why this is so rare. Maybe I'm missing something. I think it's great that she's allowed to compete. It's not as if she's at a real advantage or anything. I mean I suppose a wheelchair could be considered a performance-enhancer, but it's unlikely that a wheelchair-bound individual will outrun a healthy athlete. I would find it awkward if she had to compete by herself, as mentioned in the article. That would appear even more separated...
Omaha Red Sox
Hall of Fame Hero
Hall of Fame Hero

User avatar
CafeholicCafe WriterCafe RankerMock(ing) DrafterEagle Eye
Posts: 11421
(Past Year: 7)
Joined: 29 Jun 2005
Home Cafe: Football
Location: Probably over there

Postby knapplc » Wed Apr 19, 2006 10:24 am

I do not agree at all with the judge’s decision. These are “running” events. This competitor cannot run. How can she be allowed to compete in an event where she clearly does not have the requisite skills? It’s like forcing the coach to let me play on the soccer team even though I can’t kick the ball where I want it to go – but I can throw it there. All the coach needs to do is allow me to use my hands and I can be a great soccer player.
Keep wreves in General Talk in 2011!
knapplc
Hall of Fame Hero
Hall of Fame Hero

User avatar
CafeholicGolden Eagle Eye
Posts: 7871
(Past Year: 1)
Joined: 27 Dec 2004
Home Cafe: Football
Location: It's "ell see." ELL SEE!!!

Postby Omaha Red Sox » Wed Apr 19, 2006 10:29 am

knapplc wrote:I do not agree at all with the judge’s decision. These are “running” events. This competitor cannot run. How can she be allowed to compete in an event where she clearly does not have the requisite skills? It’s like forcing the coach to let me play on the soccer team even though I can’t kick the ball where I want it to go – but I can throw it there. All the coach needs to do is allow me to use my hands and I can be a great soccer player.


I see what you're saying, but doesn't being bound to a wheelchair give her a clear disadvantage? Put her on the outside lane and I don't see how it interferes with the actual race.
Omaha Red Sox
Hall of Fame Hero
Hall of Fame Hero

User avatar
CafeholicCafe WriterCafe RankerMock(ing) DrafterEagle Eye
Posts: 11421
(Past Year: 7)
Joined: 29 Jun 2005
Home Cafe: Football
Location: Probably over there

Postby Dan Lambskin » Wed Apr 19, 2006 10:31 am

knapplc wrote:I do not agree at all with the judge’s decision. These are “running” events. This competitor cannot run. How can she be allowed to compete in an event where she clearly does not have the requisite skills? It’s like forcing the coach to let me play on the soccer team even though I can’t kick the ball where I want it to go – but I can throw it there. All the coach needs to do is allow me to use my hands and I can be a great soccer player.


i kind of agree here. it sucks to be in her situation, but she should find a venue to compete with similar individuals.

what if she wanted to be in the pole vault or high-jump?
Image
Dan Lambskin
Hall of Fame Hero
Hall of Fame Hero

User avatar
CafeholicCafe RankerMock(ing) DrafterEagle EyeLucky Ladders ChampionPick 3 Weekly WinnerMatchup Meltdown SurvivorTrivia Time Trial Monthly Winner
Posts: 10225
Joined: 20 Mar 2005
Home Cafe: Baseball

Postby knapplc » Wed Apr 19, 2006 11:08 am

Omaha Red Sox wrote:
knapplc wrote:I do not agree at all with the judge’s decision. These are “running” events. This competitor cannot run. How can she be allowed to compete in an event where she clearly does not have the requisite skills? It’s like forcing the coach to let me play on the soccer team even though I can’t kick the ball where I want it to go – but I can throw it there. All the coach needs to do is allow me to use my hands and I can be a great soccer player.


I see what you're saying, but doesn't being bound to a wheelchair give her a clear disadvantage? Put her on the outside lane and I don't see how it interferes with the actual race.

I'm all for the rights of the disabled, but the bottom line here is that she cannot run. Running is an essential function of footraces. This judge is a complete idiot for ordering the school district to let her “compete.”

Life simply is not fair. It is not fair that this girl is bound to a wheelchair. It is not fair that many people have no legs or have spina bifida or have cancer or are Cubs fans. It places them at a disadvantage that the rest of us don’t have, and it adversely affects the quality of their life. But we can’t try to legislate equality in an unequal setting like this where a clear requisite for the competition is that you have functional legs.
Keep wreves in General Talk in 2011!
knapplc
Hall of Fame Hero
Hall of Fame Hero

User avatar
CafeholicGolden Eagle Eye
Posts: 7871
(Past Year: 1)
Joined: 27 Dec 2004
Home Cafe: Football
Location: It's "ell see." ELL SEE!!!

Postby Pogotheostrich » Wed Apr 19, 2006 11:26 am

To me the article sounds like she isn't actually competing with the other athletes but her event will be run at the same time. The article isn't very clear on this point.
Image
Pogotheostrich
Hall of Fame Hero
Hall of Fame Hero

User avatar
CafeholicFantasy ExpertCafe WriterMock(ing) DrafterEagle EyePick 3 Weekly WinnerLucky Ladders Weekly Winner
Posts: 21623
(Past Year: 325)
Joined: 9 Dec 2002
Home Cafe: Baseball
Location: St. Louis

Postby Omaha Red Sox » Wed Apr 19, 2006 11:42 am

I didn't think the article was very clear either, and I also do not agree that the judge should have ordered the district to let her compete. I still don't have a problem with her 'competing', but I think it should be up to the school/coach whether it actually occurs.
Omaha Red Sox
Hall of Fame Hero
Hall of Fame Hero

User avatar
CafeholicCafe WriterCafe RankerMock(ing) DrafterEagle Eye
Posts: 11421
(Past Year: 7)
Joined: 29 Jun 2005
Home Cafe: Football
Location: Probably over there

Postby RugbyD » Wed Apr 19, 2006 12:25 pm

My issue here is not with the athlete competing or not, but rather with the judge imposing requirements that, in my unlawyerly opinion, he has not right or reason to impose. I cannot fathom how the proposition that running requires pedal locomotion, whether bipedal or unipedal, is "arbitrary and capricious".
TennCare rocks!!!!
RugbyD
Hall of Fame Hero
Hall of Fame Hero

User avatar
Cafe Ranker
Posts: 5591
Joined: 7 Dec 2004
Home Cafe: Baseball
Location: punting small dogs and being surly

Next

Return to General Talk

Who is online

Users browsing this forum: No registered users and 3 guests

Forums Articles & Tips Sleepers Rankings Leagues


  • Fantasy Baseball
  • Article Submissions
  • Privacy Statement
  • Site Survey 
  • Contact