Question Number: 19192

Law 4 - Players Equipment 5/24/2008

RE: Adult

Melvin Hagerman of Colorado Springs, Colorado U.S.A. asks...

This question is a follow up to question 19166

To go several steps further, I would love all of you to respond to this one: In 1999, the parents of a nine-year-old child with cerebral palsy filed suit agains a youth soccer league under the Americans with Disabilities Act (ADA). In the suit, the parents claimed that the league discriminated against their child because the league wouldn't let him play on a team . . . while using a metal walker.
The remedy they sought: Costs, plus the nine-year-old gets to play soccer while using his walker.

No, I only WISH I was making this up! (Go to the website overlawyered.com, search under "ADA and soccer", go to November 1999 [I think] archives, and read.) At the time, you could send in comments, and I did, stating that it horrified me: The league was getting sued for ADA "non-compliance" one way, but what would happen if a child was injured by running into the walker?? Yes, I also referenced the Laws of the Game--the section about what is allowed to be worn and what was specifically NOT allowed.

As a referee, given the Laws of the Game, if you ran into such a situation (a player on a team needing a walker to play), how would you handle it? I realize this may not happen at upper age levels--at least, not YET--

Answer provided by Referee Richard Dawson

In a fun recreational setting there are altered matches were wheelchair athlete?s play against each other. The parents while they may think they are doing right by their child to be part of mainstream soccer but they fail to recognise the danger to others as well as the calibre of play the others may be at. If it was fun recreational kick about or special event and those in attendance were NEVER going to seriously challenge that player?s attempt on the ball with a Special Olympics style or venue fine but in normal competitive league no way sorry.
Cheers

Answer provided by Referee Gary Voshol

Yes, I remember it well. The judge went so far as to tell the league they had to change the Laws of the Game to accomodate the child. That's because anything held in the hand is considered an extension of the hand, so playing the ball with the walker would have been considered deliberate handling. A referee was compelled by the court to officiate the game - he couldn't say that the league rules went against the Laws, and decline to ref it. All kinds of things were done incorrectly.

I don't know what happened to the young man. He should be in or perhaps graduating from high school now. I wish him well, but I wish he hadn't been the focus of so much attention.

Answer provided by Referee Keith Contarino

Unfortunately, the ADA has opened up a pandora's box of idiotic lawsuits and judges opinions. This is just one of many.

Answer provided by Referee Chuck Fleischer

The referee is the responsible person on the field during a match and the Laws of the Game govern his behavior NOT the US Constitution and and an appointed judge. Sure there will be referees who don't understand the Laws apply to the world as a whole and not to the singular individual and do as the court orders. For me, when that opinion was rendered I told myself that I would accept no match when I was not the sole decider regarding the safety of any item allowed on any field where I was match referee. That opinion remains today. The match may or may not be played however I will not be the referee because if that player is hurt his parents have already demonstrated they will file a trivial law suit, I do not desire to be a part of that.

You'll note the original question asked about California Youth Soccer. The answer is and was applicable only to those persons wishing to play in CYSA. They have taken safety judgements of specific things out of the referee's hands and used blanket prohibition because of the wide disparity amongst referees. One referee would allow almost a full body cast and another would prevent a player with a finger splint from playing yet both allowed any kind of jewelry as long as it was taped. PIM 00-2 leveled the field.

No place on my license does it say I must accept any match. That is my right guaranteed under the same Constitution they chose to use against the 21 other players on the field. It is that simple.