1. Nicola Moxey MED 6490 February 23, 2010
Grube v. Bethlehem Area School District United States District Court, Eastern District of Pennsylvania, F.Supp 418
Nicola Moxey
MED 6490
February 23, 2010

2. Facts
Student has one kidney and has been denied participation on school football team
Plaintiff asserts he has been discriminated against in violation of the Rehabilitation Act of 1973
Plaintiff asserts he has also been deprived his Fourteenth Amendment right to equal protection

3. Section 504
As amended provides: “No otherwise qualified handicapped individual in the U.S. shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance”

4. Holding
Plaintiff has been deprived and important right guaranteed by federal legislation.
Court concluded that no injury is likely to result to defendant or public interest by granting relief. The plaintiff’s are willing to take responsibility for the decision they have reached.
The motion for preliminary injunction will be granted.

5. Kampmeier v. Nyquist
Court of Appeals for the Second Circuit considered an appeal from the preliminary injunction sought on the behalf of children with one eye who were barred from participation in their school’s contact sports program. Decision was based on school physician’s opinion. The plaintiff’s presented little evidence and therefore the court concluded that the lack of evidence was fatal to the plaintiff’s claim. The school district’s action could NOT be said to lack “substantial justification”!

6. Poole v. South Plainfield BOE
Plaintiff was a high school student with one kidney who was barred from his school’s wrestling team. The school system’s medical director advised that it was inadvisable to permit a student with one kidney to participate in contact sports. The student refuted with his own medical expert witnesses. The student was permitted to wrestle….LIFE HAS RISKS!

7. Significance
Case by case basis