Advice PLEASE from ADA experts

[syko]

Please could anyone tell me if this is legal????
This is the email I received:

Hi (name removed),

After careful consideration, we have decided against allowing wheelchairs of any kind, strollers, animals, or baby joggers. In this inaugural year, the insurance cost just wasn’t feasible. Hopefully, going forward, this will change.


Best Regards,
Kelly


Kelly Baker
Internal Race Manager
Women's Half Marathon
Women's Running Magazine

1499 Beach Dr. SE Ste B
St. Petersburg, FL 33701
(727) 502-9202 Ext. 300

KBaker@WomensRunningMag.com

http://www.WomensHalfMarathon.com
http://www.WomensRunningMag.com

 

[bookwormde]

There are some gray areas and loopholes for “clubs” but I would definitely ask if they intend to exclude individuals with disabilities. Since it looks like it is being sponsored by a commercial organization, this is probably a violation of ADA.

For disabilities the “insurance cost” reason is probably not valid.

bookwormde

 

[Schmeck]

The only part I'd question is the animal designation - service animals are not included in a 'no pets' scenario. For marathons, wheelchairs have their own division, and if they are choosing not to include that division, that is the race organizers' choice. For safety reasons, I believe wheelchair racers are not allowed in the other divisions. Baby strollers and baby joggers (which is basically including nonracing people in a racing event) are not covered under ADA.

 

[syko]

bookwormde & schmeck Thank you for oppions.

I am a wheelchair racer and have entered many races that do not have a division simpley because there are not many wheelchair racers out there.
I have never been refused entrey before just because I use wheels instead of feet.

 

[Schmeck]

Do they have you start at a different time then? How do you get clear of the pack at the beginning? Who would be liable if you accidently collided with a runner and injured the runner?

Not saying that you shouldn't be allowed to race, but how do they address the safety issue of you being in a vehicle with a bunch of runners?

 

[mechurchlady]

http://www.active.com/page/Event_De...&assetId=60d6ecc5-4d84-4b33-9f5b-b2de0a922dde

http://www.usatf.org/about/legal/policies/ADA.asp

http://www.sportslawnews.com/archive/Mark's View/Thought25.htm

I need a nap but those might help.

 

[Schmeck]

Laurie, thank you for the links - they are a balanced collection, showing both sides of the situation, with some great legal info in there as well. The OP should be able to get all the info needed out of your links!

 

[syko]

Do they have you start at a different time then? How do you get clear of the pack at the beginning? Who would be liable if you accidently collided with a runner and injured the runner?

Not saying that you shouldn't be allowed to race, but how do they address the safety issue of you being in a vehicle with a bunch of runners?

The most time I have had for a head start is 2 mins, the least 30 sec.
My speed is any where from 13 - 26 mph (unless its up hill!!) so runners dont usualy catch me up.
As for being liable no one has ever said, but I have never heard of anyone getting sued.

 

[syko]

http://www.active.com/page/Event_De...&assetId=60d6ecc5-4d84-4b33-9f5b-b2de0a922dde

http://www.usatf.org/about/legal/policies/ADA.asp

http://www.sportslawnews.com/archive/Mark's View/Thought25.htm

I need a nap but those might help.

Thank you mechurchlady
I will have a look at them now, I'm sure the info I need will be in there as you always offer great advice.

Just had a look and I wish the race was USATF, but its not.
I'm in the lottery for this years NYC, I will hear in june if I got in.

 

[Schmeck]

Even if the race is not USATF, the info about the criteria for meeting ADA is very helpful - there's a balance between accessibility and changing the nature of the event, which can give you insight on how to broach the subject with the race committee. You should use the language included in the USATF document to your benefit.