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3-22-07 McFadden seeks right to score |
| | Atholton wheelchair athlete sues state |
McFadden seeks right to score in track meets | | By Jennifer Surface 03/22/07 | An Atholton High School athlete, who uses a wheelchair, this week sued the Maryland State Department of Education and the state athletic association for the right to score points in state-sponsored high school track and field meets. |
The student, Tatyana McFadden, 17, of Clarksville, recently settled a similar lawsuit against the Howard County school system.
The Maryland Disability Law Center filed the latest suit on McFadden's behalf on March 21 at the U.S. District Court in Baltimore.
The suit accuses Maryland of violating the federal Rehabilitation Act and the federal Americans with Disabilities Act by creating rules that bar McFadden and other athletes who use wheelchairs from scoring points in track meets.
The Rehabilitation Act prohibits discrimination by organizations that receive federal funding, while the Americans with Disabilities Act prohibits discrimination by state and local governments.
McFadden, who has spina bifida and is paralyzed below the waist, is seeking a preliminary injunction that will allow her to earn points in state and regional track meets this spring.
The lawsuit is in response to a recent state ruling that allows students who use wheelchairs to participate in state track meets but bars them from scoring points in those events. The Maryland Public Secondary Schools Athletic Association executive council voted Feb. 8 to add six wheelchair events to state meets, although wheelchair competitors will not earn points for their performance in those events.
McFadden's lawyers call the state rules discriminatory.
"Creating this other world for wheelchair athletes, where they can race but don't count is offensive and is exactly what our nation's civil rights laws prohibit," Lauren Young, one of McFadden's lawyers, said in a statement.
MPSSAA director Ned Sparks said he had not reviewed the lawsuit and could not comment on it.
State department of education spokesman Bill Reinhard also declined to comment on the lawsuit.
The suit states that Maryland's rules deny McFadden "meaningful participation and equal access to the benefits of the high school track tournaments based on her disability. ... Unlike her teammates, Ms. McFadden is prohibited from contributing to and being part of a team effort due to her disability. According to (state) policies, when it counts the most, students in wheelchairs do not count."
'It's a shame'
McFadden's mother, Deborah McFadden, this week said state rules send a negative message to children about equality and civil rights.
"What's so hard about understanding what we've learned from people of color and women?" Deborah McFadden said. "Everybody deserves to be treated fairly and equitably. That's all Tatyana is asking. It's a shame the state of Maryland couldn't have followed what Howard County agreed to."
McFadden is allowed to compete and earn points in Howard County-sponsored track and field meets.
The McFaddens sued the Howard school system in March 2006, accusing it of discriminating against Tatyana by forcing her to compete alone in separate heats from able-bodied runners.
U.S. District Court Judge Andre Davis granted McFadden a preliminary injunction in April 2006 that allowed her to race in Howard track events with non-disabled students last season.
Under a January 2007 settlement, county school officials made permanent the conditions of the injunction and allowed McFadden to earn points in a separate wheelchair division. Under Howard rules, McFadden's points count toward her team's point total.
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