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Keywords

liabilityinjunctionmotionwillrehabilitation

injunctionmotionwillrehabilitation

Related Cases

Grube v. Bethlehem Area School Dist., 550 F.Supp. 418, 7 Ed. Law Rep. 582

Facts

Richard William Grube, a high school student, and his parents filed a motion for a preliminary injunction against the Bethlehem Area School District to allow Richard to participate in the high school football team. Richard, who is athletically inclined and has been involved in sports since childhood, was declared ineligible to play due to the absence of his right kidney, which was removed due to a congenital issue. The school district's decision was based on concerns for Richard's health and potential liability, despite evidence from medical professionals indicating that he could safely participate in football.

Richard is a vigorous, athletically inclined high school student whose only physical problem is the absence of his right kidney which was removed when he was 2 years of age as a result of a congenital malformation.

Issue

Whether the school district's decision to preclude Richard from participating in the football team violated the Rehabilitation Act of 1973.

Rule

Analysis

The court analyzed the school district's justification for barring Richard from the football team, which was based on perceived health risks. However, the medical evidence presented by Dr. Moyer indicated that Richard's risk of injury was minimal and that he was otherwise qualified to play. The court found that the school district's decision lacked substantial justification, as it was not supported by credible medical evidence.

The evidence is clear that neither Dr. Lennart, Dr. Delp, nor Dr. Hemmerlie had any facts which would permit them to make a rational medical evaluation of the existence of a risk. In an understandable abundance of caution, all three eventually concluded that the safest course was to say that Richard could not play. I conclude that the opinion of these three doctors cannot serve as substantial justification for the district's actions where their decision lacks a medical basis.

Conclusion

The court granted the motion for a preliminary injunction, allowing Richard to participate in the football team on the same terms as other players, as the school district's actions were found to violate the Rehabilitation Act.

For the reasons stated above, the motion for preliminary injunction will be granted.

Who won?

Richard William Grube and his parents prevailed in their motion for a preliminary injunction against the Bethlehem Area School District. The court determined that the school district's decision to exclude Richard from the football team was not justified by substantial medical evidence and violated his rights under the Rehabilitation Act. The court emphasized the importance of allowing handicapped individuals to participate fully in activities without undue restrictions based on unfounded fears.

Richard William Grube and his parents prevailed in their motion for a preliminary injunction against the Bethlehem Area School District.

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