On Equal Footing: Does Accommodating Athletes with Disabilities Destroy the Competitive Playing Field or Level It?

Abstract

This Comment will explain the delicate balancing act courts must perform when adjudicating disputes concerning disability accommodation in sports, and will provide suggestions for improving the process. To this end, Part II explores the ethical principles underlying sports, for without this foundation, one cannot understand how to maintain the integrity of a sport. Next, Part III discusses the history of disability law and identifies its overarching theme as one of integration. Against this background, Part IV discusses case law regarding disability accommodation and sports, and it introduces the tests applied by the United States Supreme Court and the Court of Arbitration for Sport in resolving these disputes. Part V offers a critique of the tests and suggests how they may be improved. Finally, Part VI concludes the comment.