Re: Fw: Arc and Equip Files Discrimination Suit for Sport Competitions

[Guest guest]

I just caught a radio interview of the Equip lawyer and the student's mom on

WGN.  I was about to send the list an email asking what's up--I consider it

rare to hear IL disability news from somewhere other than IPADD first!

If I read this right, the problem is with District 94 (back in my reporter days,

I used to cover that dist) and not WDSRA.

-Gail

From: ELLEN BRONFELD <egskb@...>

Subject: Fw: Arc and Equip Files Discrimination Suit for Sport

Competitions

IPADDUnite

Date: Tuesday, August 17, 2010, 4:47 PM

 

FYI

Ellen

Ellen Garber Bronfeld

egskb@...

Arc and Equip Files Discrimination Suit for Sport Competitions

The Arc of Illinois

August 17, 2010

Leaders in The Arc:

Yesterday Equip for Equality filed suit against Special Olympics Illinois and

the school district in Carol Stream so that our client can participate in sports

competitions with her oxygen tank and service dog. Alan Goldstein and Amy

are the lead attorneys on the case.

I copied the press release. The case was the lead story on the NBC Chicago news

last night. Here's a link to the story:

http://www.nbcchicago.com/news/local-beat/youngwith-special-needs-basketball-100\

833914.html.

Tony auski

The Arc of Illinois

815-464-1832

Special Olympics Illinois and Community High School District 94

Unlawfully Exclude Student with Disabilities

Equip for Equality Files Federal Discrimination Suit So

Carol Stream Girl Can Participate in Sporting Competitions

CHICAGO (August 17, 2010) A Carol Stream family has initiated a federal lawsuit

against Special Olympics Illinois and Community High School District 94 for

denying their 17-year-old daughter, Youngwith, a full and equal

opportunity to participate in basketball and track programs administered by the

two organizations. Due to her respiratory impairment, uses her service dog

Simba, a trained seven-year old yellow lab mix, to carry her small and

lightweight oxygen tanks.

The federal complaint filed by Equip for Equality alleges that Community High

School District 94 and Special Olympics Illinois are partners in the special

education sports programs. The two organizations denied the opportunity

to compete in basketball games and track events because she needed to use oxygen

tanks. The Complaint cites violations of the Americans with Disabilities Act,

the Rehabilitation Act, and state law.

When refusing to let participate on the basketball team, Special Olympics

Illinois failed to provide a specific justification for its decision, but

instead just deemed her use of a service animal and oxygen tank as not

appropriate. s family submitted numerous letters of support from

physicians, physical therapists, coaches, teachers, the Mid-America Service Dog

training organization, and parents of other children with disabilities,

confirming her ability to fully participate in competitive basketball.

The decision is especially upsetting as loves basketball and has safely

participated in basketball games for six years, while using Simba to carry her

oxygen tanks. At 15 inches tall and weighing fewer than 4 pounds, s tanks

are far smaller than a full size tank, weighing more than 20 pounds, that an

athlete was permitted to pull on a cart in another states Special Olympics

basketball competitions.

s participation was restricted not just in basketball games, but also in

track and field meets. was prevented from participating in any running

events on the track, despite the presence of an open lane between each runner

and Simbas ability to remain in the unoccupied lane.

The National Special Olympics website acknowledges that young people know

firsthand the pain of being left out, teased and excluded. It was devastating

to to be denied participation, while at the same time, hearing her

classmates talk about their fun and success on the basketball court, states

s mother, Janice Youngwith. Special Olympics is a wonderful organization,

but it is disheartening that, in this instance, it has chosen to ignore its own

mission statement by unlawfully excluding from participating in its

basketball program. Organizations that promote inclusiveness, like Special

Olympics and public schools, should not prohibit from doing any activity

that she can safely undertake. Added , " I just want to keep playing

sports with my friends. I really like playing basketball and doing track at

school. It's a lot of fun. "

" As the nation celebrates the 20th anniversary of the ADA, it's ironic and

incredibly sad that in Illinois a young girl's ADA rights are being violated by

Special Olympics Illinois and her school district, forcing her to turn to the

courts, " states Zena Naiditch, President and CEO of Equip for Equality, which

advances the civil and human rights of people with disabilities in Illinois and

is the Governor designated, federally mandated Protection & Advocacy System for

the State of Illinois. " We hope that this lawsuit reminds all of us that while

the ADA has had a huge impact on creating a more accessible society, much work

still remains to be done. "

Community High School District 94 is located in Chicagos far western suburbs and

serves students from West Chicago, Winfield, and portions of Carol Stream and

Wheaton. According to its website, Community High School strives to promote and

provide growth experiences in learning, leadership and living.

Special Olympics Illinois, headquartered in Normal, Illinois, is accredited by

Special Olympics, Inc., which operates in all 50 states and in more than 180

countries. According to its website, Illinois supports nearly 21,000 athletes

with intellectual disabilities annually from communities throughout the state.

Equip for Equality is a private, not-for-profit legal advocacy organization and

is the federally mandated Protection & Advocacy System designated to safeguard

the rights of people with physical and mental disabilities. More information is

available at: www.equipforequality.org

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fort, IL 60423