Legal Question in Disability Law in Pennsylvania

Childrens Sports

My son was in a local football program, I disclosed that he has ADHD, Tourette's and social issues prior to signing up and was told it would not be a problem. During 2nd week of practice he illegally tackled another child and was removed from team. I was not permitted to discuss with board and was told I have a ''special needs child and this is not a special needs org''. Is this discrimination?


Asked on 8/11/08, 11:08 am

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Childrens Sports

You asked about accommodation for a child's disability.

The situation you described could be a violation of discrimination laws. It would be difficult to say yes or no without more information. You should consult with an attorney regarding this matter.

The analysis would come down to what reasonable accommodations can be made for your child and how will your child's disability affect the safety of others. It also depends on the maturity of your child to control those aspects of his personality that are not related to his conditions.

Some questions, was the illegal hit a reasonable hit or completely outside of reasonableness? (e.g. if the hit was made after the the play ended but before motion stopped that's one thing, if both players were on the sidelines that's another.) How was the

The statement that the organization is not a special needs organization is damning. Disabilities must be accommodated within every facet of society. For example, if at a restaurant and the conditions are merely offensive in the immediate vicinity so that only those at or waiting on the table are disturbed then the restaurant would have to accommodate. But if the conditions were more broadly offensive (affecting the restaurant's ambiance and other diners) and the restaurant could not accommodate by moving the diner to an area more removed from other diners then the restaurant could lawfully discriminate where there was no reasonable accommodation or could claim that reasonable accommodation was providing the meal as takeout.

You and your child must learn about the Americans with Disabilities Act, what it requires of both the affected person and of those with whom the person interacts.

Again, contact an attorney and discuss the situation more fully. Sometimes the fight is necessary and sometimes the fight is not worth it.

Regards,

Roger

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Answered on 8/11/08, 11:34 am


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