Posted: 3/26/2010 11:09:26 AM EDT
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My daughter plays on a softball travel team through a local association which has exclusive use of some county facilities. She's bipolar, and when the coach learned that, he said he'd had problems in the past with another bipolar girl and was considering limiting her play based on that. He initially inquired about transferring her to a non-travel team, but was told there were no openings, so has decided she can play in league games but not in tournament games (team is playing one league game and one tournament game each week through May, at which point they play exclusively tournament games through July). I've complained to the association, but their position is that travel team coaches have absolute discretion on whether any player plays or is even on the team, my contention is that the coach's discretion is limited by discrimination laws, and that since the team receives benefits from the public (exclusive use of two softball parks and occasional use of school facilities), they are required to let her play on the same basis as any other girl based on her skill level, attitude, and participation. I have NOT requested any sort of accommodation, she has played for the league for five previous seasons without any special consideration, some coaches have known she was bipolar and some have not. The softball association has told me I have three choices, withdraw her from the team and get a refund for everything except uniforms (which haven't been received yet and which would be largely useless for her since they will have her player number and the team name on every item), accept the coach's decision to only allow her to play league games, or attempt to pursue other options. I prefer NOT to litigate, but if I have a legal case and they continue to discriminate, I may not have a choice if I want my daughter to be treated equitably (my other option is that I have written to the county parks and recreation department asking what conditions they have placed on associations which use their facilities regarding nondiscrimination, without identifying which of the associations is involved). Is my contention that the coach's discretion is not absolute, but that he is limited by nondiscrimination laws, accurate? Update: I emailed the county parks and recreation director Friday about this, I got a response this morning stating that in general they prohibit associations which use their facilities from discriminating based on disabilities, except in cases where it could involve increased risk such as wheelchairs, prosthetics, etc, but that my case doesn't sound like that applies, and that he will have the athletic director contact me to find out which association is involved so he can discuss the situation with them and get their side of the dispute. |
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I think you'll have a tough time proving an ADA violation. Bipolar disorder can be extremely disruptive. If that was the coach's previous experience then he can claim that his decision is in the best interest of the team. Try sitting down with the coach to explain your case. It could be a tough sell and you may have to to get creative. Ask previous coaches to put in a good word on your daughter's behalf. Or suggest a probationary period. Once she has proven herself she gets to join the tournament team.
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| I believe the coach may not have been entitled to that specific medical information. However I am NOT a lawyer - but he is using that information on her medical condition (since she has NOT had any disruptive episodes) against her (which I believe may be a violation of the ADA). Google-fu ADA resources and see if there is a group or agency that can help you out (like the parent org that the teams charter is under). Best of Luck! |
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There shouldn't be one, this is pure prejudice on the coach's part. It's not like the team goes somewhere on buses without parents present, as would happen with a school team (although the softball coach at the high school she'll go to is also one of the special ed counselors, she'll just be working with a different year group than my daughter). |
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Quoted:
I think you'll have a tough time proving an ADA violation. Bipolar disorder can be extremely disruptive. If that was the coach's previous experience then he can claim that his decision is in the best interest of the team. I have to point out that Bipolar disorder being disruptive has to be proven on a case by case basis. Just because the coach had one player in the past who was bi-polar does not mean that all bipolar players would be disruptive... Seems fairly cut and dry. 
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