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discrimination against my 6-year-old ?

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kdubb11

Junior Member
What is the name of your state (only U.S. law)? Maryland

I signed up my son to play ankle biters football (he's 6-year-old) in May 2012. It was not cheap. It cost $180 plus I donated $10 to the club. I completely disclosed the information that he has left hemiplegic cerebral palsy on the application. He is a completely normal child and is not greatly hindered by it at all. If any of you were to see my child, you would never know he has a disability unless I told you. He is just like other kids, just a bit slower. For instance, if he were racing a group of 10 kids who are his age, he'd probably come in anywhere from 7th-10th place. He is just as strong and healthy as other kids his age. There is no mental disability with his type of cerebral palsy. My son is actually tall for his age. He's 6-years-old, weighs about 55 lbs and is about 50 inches. He has very successfully played tennis, soccer, t-ball, participated in horseback riding lessons, and taken swimming lessons. So now that you have a mental picture of my child, and are aware of his normalcy and his other athletic abilities, I will get on with my real issue.

Again, I signed him up for football in May 2012. It is now September 2012 and are well into weeks and weeks of practices. They started practicing toward the end of July and had practice every week night from 6-8 until school started up on August 26. Since August 26 they have been practicing from 6-8 on Mondays, Wednesdays and Fridays. Long story short, the coaches were well aware of his abilities since they'd been practicing that long already. If any they had any "concerns" they should have come to me then, but they didn't. He was doing everything the other boys were doing and was keeping up with everybody. He told me he was having a lot of fun so I went out and bought some extra football equipment, apparel and pads for him which ended up costing me about $500. (So that's $190 + $500 now)

The boys had their first scrimmage on August 18. I noticed that my son had not played very much but didn't say anything at the time because I figured the coaches were brand new and weren't really sure what they were doing. There were so many kids I assumed he just got lost in the mix on the sidelines. They had their first REAL, league game on Sept 1. He played about 4-5 downs the ENTIRE game. He did not play AT ALL during the entire second half except for the very last play of the game. I said something to the coach at the end of the game. I told him I was not very happy with my son's lack of playing time and I had noticed that he didn't play some other kids during the second half as well. His response was, "OK. We'll get him in." That was it! Again, this was back on Sept 1.

At his practice yesterday, Sept 5, the coach came over to talk to me before practice began and brought the president of the league with him. They basically told me that my son is a liability issue. They said that they are afraid he cannot protect himself or his teammates and do not want to take the risk of him getting hurt. They did not tell me that he is being kicked off the team, but it was very clear to me that they wanted me to volunteer to take him off the team. I told them that if they had an issue with my son's disability, they should have come to me before the season started. Again, if you remember, I registered him way back in May so they had PLENTY of time to talk to me about this before the season started with practices in July and games in Sept. The president of the league did tell me that they were supposed to but things got hectic and they just didn't get around to it. HE ADMITTED FAULT. They basically told me they are not going to play my son as much as the other kids; that they'll get him in when they are either up by a lot or down by a lot, but definitely not if they feel his safety is at risk. Clearly I would not have signed my child up for football (which I know is PHYSICAL) if I thought I was feeding him to the wolves. The kid is strong, big and told me he wanted to play so he could "hit some people!"

SO, after what was said to me by the president and the coach, and from the background information I have given you, do I have a discrimination case for my son? I just want my registration fee back and the money I put forth for the football gear I bought him. (He was only issued a helmet and shoulder pads.) If I can get more for the embarrassment they are causing my son for singling him out, then I'll take it and put it into a college fund for him, but I just need to know if I have any type of case?
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Maryland

I signed up my son to play ankle biters football (he's 6-year-old) in May 2012. It was not cheap. It cost $180 plus I donated $10 to the club. I completely disclosed the information that he has left hemiplegic cerebral palsy on the application. He is a completely normal child and is not greatly hindered by it at all. If any of you were to see my child, you would never know he has a disability unless I told you. He is just like other kids, just a bit slower. For instance, if he were racing a group of 10 kids who are his age, he'd probably come in anywhere from 7th-10th place. He is just as strong and healthy as other kids his age. There is no mental disability with his type of cerebral palsy. My son is actually tall for his age. He's 6-years-old, weighs about 55 lbs and is about 50 inches. He has very successfully played tennis, soccer, t-ball, participated in horseback riding lessons, and taken swimming lessons. So now that you have a mental picture of my child, and are aware of his normalcy and his other athletic abilities, I will get on with my real issue.

Again, I signed him up for football in May 2012. It is now September 2012 and are well into weeks and weeks of practices. They started practicing toward the end of July and had practice every week night from 6-8 until school started up on August 26. Since August 26 they have been practicing from 6-8 on Mondays, Wednesdays and Fridays. Long story short, the coaches were well aware of his abilities since they'd been practicing that long already. If any they had any "concerns" they should have come to me then, but they didn't. He was doing everything the other boys were doing and was keeping up with everybody. He told me he was having a lot of fun so I went out and bought some extra football equipment, apparel and pads for him which ended up costing me about $500. (So that's $190 + $500 now)

The boys had their first scrimmage on August 18. I noticed that my son had not played very much but didn't say anything at the time because I figured the coaches were brand new and weren't really sure what they were doing. There were so many kids I assumed he just got lost in the mix on the sidelines. They had their first REAL, league game on Sept 1. He played about 4-5 downs the ENTIRE game. He did not play AT ALL during the entire second half except for the very last play of the game. I said something to the coach at the end of the game. I told him I was not very happy with my son's lack of playing time and I had noticed that he didn't play some other kids during the second half as well. His response was, "OK. We'll get him in." That was it! Again, this was back on Sept 1.

At his practice yesterday, Sept 5, the coach came over to talk to me before practice began and brought the president of the league with him. They basically told me that my son is a liability issue. They said that they are afraid he cannot protect himself or his teammates and do not want to take the risk of him getting hurt. They did not tell me that he is being kicked off the team, but it was very clear to me that they wanted me to volunteer to take him off the team. I told them that if they had an issue with my son's disability, they should have come to me before the season started. Again, if you remember, I registered him way back in May so they had PLENTY of time to talk to me about this before the season started with practices in July and games in Sept. The president of the league did tell me that they were supposed to but things got hectic and they just didn't get around to it. HE ADMITTED FAULT. They basically told me they are not going to play my son as much as the other kids; that they'll get him in when they are either up by a lot or down by a lot, but definitely not if they feel his safety is at risk. Clearly I would not have signed my child up for football (which I know is PHYSICAL) if I thought I was feeding him to the wolves. The kid is strong, big and told me he wanted to play so he could "hit some people!"

SO, after what was said to me by the president and the coach, and from the background information I have given you, do I have a discrimination case for my son? I just want my registration fee back and the money I put forth for the football gear I bought him. (He was only issued a helmet and shoulder pads.) If I can get more for the embarrassment they are causing my son for singling him out, then I'll take it and put it into a college fund for him, but I just need to know if I have any type of case?

So you have a son who wants to play football so he can "hit some people!" -- that is not football but rather boxing. Your son needs educated regarding the purpose of the game and not to be playing because he can "hit some people!" Get out the information for the club. Do you have a written guarantee in the materials that your child is guaranteed to play as much as you want him to play? If not, you have nothing.

Sports discriminate. Plain and simple. They discriminate based on who is played and for how long. There is NOTHING illegal about that discrimination. Your son is still being able to play. Just not as much as mommy demands. He is still being able to participate -- just not when and how mommy demands. He is still part of the team and practices. Just not to the extent mommy demands for her money. Oh well. That is not illegal.

And per your post, they are not singling him out. Other kids are not playing the whole game either. That is not illegal either. The only one who is embarrassed is you -- and quite frankly, you are not embarrassed. You are mad because you invested a lot of money and your son is not the star. How would your son know of the discussion with the coach and league president unless you included him or told him about it?
 
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swalsh411

Senior Member
It's entirely possible your child is simply not as athletically inclined as you believe. You, not being a coach, are not qualified to judge that. Your recourse is to not sign him up next season.
 

Proserpina

Senior Member
Y'know, all that I can think of here is liability.

If kiddo had played the whole game and was injured (perhaps complicated by the CP), the parent may well be here asking how to sue the school for not protecting him from such rough play.

Jaded? I can't deny that.

But realistic, too. Sometimes, the school is damned if they do and damned if they don't.
 

tranquility

Senior Member
Having been involved with soccer at many levels and duties for decades, I believe the OP has a legitimate complaint. I was reading blah, blah, blah kid not very good and not getting much playing time, blah, blah, blah parent thinks kid is better than he is and thinking like the rest here. Time to move on; nothing to see here citizen. Happens in every sport for as long as sport has been around. But then, "At his practice yesterday, Sept 5, the coach came over to talk to me before practice began and brought the president of the league with him. They basically told me that my son is a liability issue. They said that they are afraid he cannot protect himself or his teammates and do not want to take the risk of him getting hurt."

That may very well be discrimination based on a disability for two reasons. One, up until high school, football is a fairly low risk sport for kids. And two, what is the basis for the opinion that he cannot protect himself?

If they had said that he wasn't very good, no problem. But, they didn't say that. And, having coached youth sports for a long time, I guarantee they do not have an objective criteria for being able to "protect himself" in the range of abilities in six year old kids. I would love to see them defend the position in court in any way other than one based on the purported disability.

Talk to the coach and president and ask for the leagues official position regarding your son's disability. (Be sure to mention the word often. Throw in a discrimination or two as well.) Better still, write a letter. Enjoy the dance.
 

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