FORT MYERS — A federal court has dismissed without prejudice a Fort Myers high school student's allegations of disability discrimination against the Florida High School Athletic Association as part of his ongoing legal battle to be allowed to continue to play high school sports for a fifth consecutive year due to his learning disability.
According to the May 6 U.S. District Court for the Middle District of Florida Fort Myers Division filing, Florida High School Athletic Association Inc., asked the court for a motion to dismiss with plaintiff Thomas Pritchard filing an opposition with the court.
Due to a learning disability, Pritchard, an 18-year old high school senior at the Canterbury School, was required to repeat the 10th grade, making his high school career five years instead of four. Pritchard participated in the school's lacrosse, basketball and football programs since he started at Canterbury, which made him ineligible to play sports his official "senior year" due to the association's regulations, which do not allow five years of consecutive participation in high school sports.
After failed attempts to be granted a waiver along with failed appeals to the Florida Athletic Association Board, Pritchard filed suit alleging the association's disability discrimination under the Americans with Disabilities Act (ADA), disability discrimination under the Rehabilitation Act of 1973 and disparate impact discrimination under the ADA.
The association argues that Pritchard fails to state a claim in each of his allegations and that "he is not being excluded from participation" solely because of his disability while Pritchard argues that the association, which receives federal funds, must accommodate him and allow him to participate in the athletics program.
The court agreed with the association with Senior U.S. District Judge John Steele stating Pritchard was excluded from sports because of his ineligibility under the association's bylaws. Steele also ruled that Pritchard "failed to sufficiently allege he is 'otherwise qualified' to participate" per The Rehabilitation Act and can't meet the association's requirements "regardless of his disability" due to being in his fifth year of high school.
Steele concluded that "the court finds plaintiff has failed to plead a prima facie case of discrimination under the Rehabilitation Act" and dismissed without prejudice Pritchard's disability discrimination claims under The Rehabilitation Act and under the ADA.
However, the court agreed with Pritchard's claim that the association's "Bylaw 9.5.1" did have a "disproportionate adverse effect on individuals with learning and physical disabilities" and denied the dismissal of Pritchard's claim of disparate impact under the ADA.