K. L. v. Mo. State High Sch. Activities Ass'n

• Decision Date: 08 April 2016
• Docket Number: Case No: 4:15CV679 HEA
• Citation: 178 F.Supp.3d 792
• Parties: K. L., by and through her next friend, Jim Ladlie, Plaintiff, v. Missouri State High School Activities Association, Board of Directors, Defendant.
• Court: U.S. District Court — Eastern District of Missouri

178 F.Supp.3d 792

K. L., by and through her next friend, Jim Ladlie, Plaintiff,

v.Missouri State High School Activities Association, Board of Directors, Defendant.

Case No: 4:15CV679 HEA

United States District Court, E.D. Missouri, Eastern Division.

Signed April 8, 2016

Amanda Davis Anthony, Kaitlyn Marie Rausch, Kiara Nayo Drake, Susan K. Eckles, Missouri Protection and Advocacy Services, Overland, MO, for Plaintiff.

Mallory V. Mayse, Mayse Law Office, Columbia, MO, for Defendant.

OPINION, MEMORANDUM AND ORDER

HENRY EDWARD AUTREY, UNITED STATES DISTRICT JUDGE

On the 26th day of February, 2016, evidentiary hearing was held before this Court on Plaintiff's Motion for Preliminary Injunction, [Doc. No. 61]. Also pending before the Court are Defendants' Motion to Dismiss Plaintiff's Amended Complaint [Doc. No. 52] and Plaintiff's Motion to Alter or Amend this Court's previous Order and Judgment Granting Defendant's Motion to Dismiss [Doc. No. 46]. The Court now makes the following Findings of Fact and Conclusions of Law.

Facts and Background

Plaintiff is a student at Troy-Buchanan High School (“TBHS”) in Troy, Missouri, within the Eastern District of Missouri. The named “Defendant” in the caption and opening paragraph of Plaintiff's Amended Complaint is the “Board of Directors” of the Missouri State High School Activities Association (hereinafter referred to as “MSHSAA” or “the Association”).¹ According to her Amended Complaint, Plaintiff was born with a venous malformation involving her left leg, known as “Bockenheimer's Syndrome” and underwent surgical removal of her left leg above the knee in 2011. The evidence showed that the Plaintiff is an athlete who is active in extensive racing chair athletics, sled hockey and triathlon competition including use of her racing chair outside of her school with opportunities to compete and display her talent in regional and national competitions with para-athletes from other states. Plaintiff testified that she is returning for her fourth year as a member of the TBHS track team and uses a racing chair in 100m, 200m and 400m racing. Plaintiff described her racing chair as 4-5 feet long with three wheels. Plaintiff alleges that on average there is a “ten-second difference” in her 100m and 200m racing times but “no time difference” in her 400m race times compared to the performance of non-disabled runners. It was undisputed by Plaintiff that in head-to-head competition between non-disabled runners and para-athletes using racing chairs, the non-disabled runners have undisputed advantage in shorter distances while the advantage shifts in favor of para-athletes using racing chairs at longer distances, which makes head to head competition inequitable and unfair and no evidence was presented to this Court that there is any recognized method to make such head to head competition equitable and fair. Plaintiff does not request to race athletes without disabilities in head-to-head competition in her Amended Complaint. As stated in her Motion for Preliminary Injunction, “Plaintiff does not request accommodations requiring her to race directly against able-bodied racers...” While Plaintiff requests an Order of this Court to receive team points when she competes, she testified that she also “would rather race against disabled athletes and get a chance to win” or “by myself.”²

The hearing testimony and Affidavit of Harvey Richards demonstrate significant efforts by Defendants to develop future Track and Field opportunities for Missouri high school students with Adaptive Events for para-athletes:

A. MSHSAA launced an initiative in 2014 to consider future creation of new District, Sectional and State Series Championship events for the Javelin and Adaptive events for para-athletes in Track and Field. Under this initiative, the Association began monitoring the number of participants and the number of schools involved with Javelin and Adaptive Track and Field events including the 100m dash, 400m dash and shot put during the 2014-2015 regular season for a two-year trial period while considering the feasibility, By-Law changes and multiple procedures and requirements for conducting a future statewide District, Sectional and Championship Series for Adaptive events for para-athletes in Track and Field.

B. This process formally began with a unanimous recommendation by the MSHSAA Track and Field Advisory Committee to the MSHSAA Board of Directors on June 10, 2014, which was approved by the Board. On December 3, 2014, the Board of Directors approved this topic for discussion with member schools during the Annual Area Meetings in all eight geographical board districts during January, 2015. Following these Area Meetings, the Board of Directors approved their Annual Member School Questionnaire to identify the number of students and schools who may be interested in new Javelin and Adaptive events for para-athletes at MSHSAA District, Sectional and State Track and Field Championships.

C. On February 25, 2015, MSHSAA Associate Executive Director Harvey Richards released a Power Point presentation to all member schools about the new initiative with Adaptive events for para-athletes with links to resources to identify, equip and coach students in Adaptive events for para-athletes.

D. At its regularly scheduled meeting on March 11, 2015, the MSHSAA Board of Directors directed the staff to continue in the current direction to introduce new Adaptive Track and Field events to member schools of the Association consistent with established past practices for adding events to the Track and Field District, Sectional and Championship Series. The Board adopted a further resolution inviting Troy-Buchanan High School and other interested parties to present additional comment on this subject at the next regularly scheduled Board of Directors Meeting to be held April 10, 2015.

E. The Javelin and Adaptive events for para-athletes initiative launched by this Association returned to the MSHSAA Track and Field Advisory Committee for further discussion and action at its annual meeting on June 9, 2015. The Advisory Committee recommended the addition of “exhibition” events for the Javelin and Adaptive events for para-athletes, including 100, 200, 400, 800, 1600, 3200, shot put, discus and javelin at the 2016 State Track and Field Championships to be reviewed at the next Advisory Committee meeting for possible inclusion in the 2017 State Track and Field Championships. Competitors for these first ever “exhibition” events will be invited under performance criteria determined by the Advisory Committee and will be recognized with recorded places, medals and marks, but no team points will be scored or awarded in these “exhibitions” for either the Javelin or Adaptive events for para-athletes.

F. In September and October of 2015, MSHSAA Associate Executive Director Harvey Richards organized and conducted five (5) regional seminars across Missouri regarding para-athlete events for Track and Field at Holt, Columbia, Perryville, Springfield and Lee's Summit, Missouri. Topics included how to identify a para-athlete in schools, facilities and equipment needed, available resources and coach training.

G. Approximately 25,000 students currently participate in MSHSAA Senior High Track and Field competition. Of this number, approximately 6,000 students (24%), including alternates for relays, advance to participation at the final site Championships in Jefferson City, Missouri.

H. Troy Buchanan High School is a current member of the Association and competes in Class 5 Track and Field District, Sectional and Championship meets on the same weekends as Class 3 and 4. The 2015-16 regular Track and Field season for Troy-Buchanan High School begins with its first track meet on March 26, 2016. Students from Troy Buchanan High School will also compete in the 2015-16 Class 5 Track and Field District Meet on May 14, 2016; Sectional Meet on May 21, 2016; and Championship at the final site in Jefferson City, Missouri on May 27-28, 2016. For this year, the corresponding Class 1-2 Districts will be held on May 7, 2016; Sectionals on May 14, 2016; and Championships at the final site in Jefferson City, Missouri on May 20-21, 2016.

I. For the 2015-2016 School Year, MSHSAA has 502 schools registered for Boys Track with 488 teams currently registered for District competition as follows. MSHSAA has 506 schools registered for Girls Track with 492 teams registered for District competition as follows:

J. During the 2014-15 Track and Field regular season, MSHSAA identified only three (3) students statewide participating in Adaptive events for para-athletes at member schools, including the Plaintiff (Troy High School/Class 5), a male student (Ruskin High School/Class 5) and a male student (Centralia High School/Class 3). Accordingly, during the previous school year, Plaintiff was the only female student in the entire state of Missouri seeking participation in adaptive Track and Field events for para-athletes using racing chairs.³

K. For the 2015-16 Track and Field regular season, MSHSAA has been able to identify to date only seven (7) students statewide seeking participation in Adaptive events for para-athletes at member schools, including Plaintiff (Troy High School/Class 5), a female student (Hazelwood Central/Class 5), a female student (Lutheran South/ Class 4), a female student (Perryville/Class 4), a male student (Ruskin High School/Class 5), a male student (Blue Springs/Class 5) and a male student (Centralia High School/Class 3). Accordingly, during the current school year, Plaintiff is one of only four female students for the entire state of Missouri seeking participation in new adaptive Track and Field events for para-athletes, and she is one of only two female students attending a Class 5 school.

L. In order to establish a credible and fair statewide championships for Adaptive Track and Field events for 25,000 students and over 500 member schools, students with disabilities

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