An attorney for three top U.S. Paralympic athletes argued to a higher court on Thursday that they are not offered the same health benefits, tuition assistance and grants as athletes who participate in the Olympic and Pan American Games.
A three-judge panel of the 10th Circuit Court of Appeals is considering the case which could have national implications for the disabled and federally funded programs.
Attorney Amy F. Robertson argued that the U.S. Olympic Committee is violating the federal Rehabilitation Act, which says disabled people cannot be discriminated against or denied the benefits of any program that receives federal funding.
“They are saying athletes compete in separate competitions around the world, but there is no reason for them to receive the same benefits back home,” Robertson told the judges. “They’ve drawn a bright line.”
Appellants Scot Hollonbeck, Jose Antonio Iniguez, and Jacob Walter Jung Ho Heilveil are all wheelchair racers. Hollonbeck has competed in three Paralympic Games, winning two gold medals and a silver medal in 1992 and two silver medals in 1996.
Another appellant, Mark Shepherd, is a wheelchair basketball player who was a member of the United States Paralympic team in 1996.
U.S. District Senior Judge John L. Kane reluctantly ruled against the athletes in January, which prompted the appeal.
USOC attorney Christopher Handman argued that the USOC – mandated by Congress to run the Paralympic program – has limited funding and should have the discretion on which of its programs to give the most support to.
“The USOC has to encourage and provide assistance to disabled athletes,” Handman told the court. “It does not say how much assistance and gives the USOC discretion.”
Felisa Cardona: 303-954-1219 or fcardona@denverpost.com
