Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SUNDAY, January 1, 1995 TAG: 9501030091
SECTION: VIRGINIA PAGE: B4 EDITION: HOLIDAY
SOURCE: PAUL DELLINGER STAFF WRITER
DATELINE: MAX MEADOWS LENGTH: Medium
Judy Taylor, mother of 10-year-old David Taylor, had filed a complaint against the Wythe County Recreation Commission and Max Meadows Athletic Association charging that her son was denied adequate participation in the countywide recreational basketball program.
David uses a wheelchair. He takes part in physical education activities at Max Meadows School, including basketball, in his wheelchair.
But he was allowed to participate in the county program only under four conditions: that his activities be limited to the sidelines; that he would throw the ball into play; that he would be assisted by two adults who agreed to help him participate; and that at least one parent would be present at all practices and games to assist him when he was not playing.
Taylor argued that special procedures used by the school's physical education teacher that allowed David to play basketball should be used in the county competition. But the athletic association said participation beyond the four conditions had the potential to injure David or other players unless the rules of the game were drastically changed.
The Park Service ruled that the nature of basketball in the physical education class and the county recreation program were significantly different.
The Park Service investigated the case because it is responsible for enforcing the Americans with Disabilities Act as it relates to recreational programs that receive federal funding.
``The main purpose of the recreational league basketball program, we believe, is competition within the traditional basic rules established for the game of basketball. The purpose of a PE class, we believe, is much less competitive and more educational and instructional,'' the decision said. ``Winning is not the key focus [in PE classes], and the game may be changed ... to allow for all skill levels.''
The Park Service recommended that the first three rules continue, but said the requirement that one of David's parents be with him on the bench violated the Americans with Disabilities Act, since no other participants have this requirement.
The Park Service will require the county Recreation Commission to offer a wheelchair basketball program for young people.
``We understand that even if publicized within a reasonable geographical area, there may not be an adequate response necessary for formal league play. But the effort must be made initially and on a periodic basis as the population of Wytheville and its surrounding area grows,'' the decision said.
by CNB