Three U.S. Paralympic athletes who sought to gain the same benefits as athletes who participate in the Olympic and Pan American Games lost their case at the 10th Circuit Court of Appeals on Wednesday.
Two of the appellate judges, Paul J. Kelly and Jerome A. Holmes, decided to uphold the ruling of U.S. District Court Judge John L. Kane.
“We sympathize with the Plaintiff’s efforts to obtain benefits similar to those received by their Olympic counterparts. However, we cannot modify the Rehabilitation Act to reach a result in their favor…,” Kelly wrote in the opinion. “Plaintiffs should seek a remedy with the legislative or executive branches, not the courts.”
In January 2007, Kane reluctantly ruled that the U.S. Olympic Committee did not violate the federal Rehabilitation Act, which says disabled people cannot be discriminated against or denied the benefits of any program that receives federal funding.
The two judges wrote that the USOC’s programs do not have to operate in one universe with the same rules, meaning the USOC could decide to allocate its health benefits, tuition and grants only to athletes who are set to participate in the Olympic or Pan American Games.
Senior Judge William J. Holloway dissented.
“The policy of awarding benefits to athletes training for the Olympics or the Pan American Games while excluding those training for the Paralympic Games discriminates against the disabled,” Holloway wrote.
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.
The athletes’ attorney, Amy F. Robertson, could not be reached for comment late Wednesday. Rana Dershowitz, an attorney for the U.S. Olympic Committee also could not be reached.
Felisa Cardona: 303-954-1219 or fcardona@denverpost.com
