NAD Goes to Bat for Deaf Boy

Submitted by admin [1] on Thu, 12/01/2005 - 04:00

The National Association of the Deaf (NAD) filed a disability discrimination complaint against PONY Baseball/Softball, Inc. The complaint, filed with the United States Department of Justice, claims that PONY refused to allow an interpreter to be in the dugout during a youth baseball game, denying a deaf 10-year-old player effective communication with his coaches and teammates.

PONY manages baseball and softball leagues nationwide. Justin Tokioka, a 10-year–old boy who is deaf, plays baseball in a PONY league. His father provides interpreter services in the dugout, at no cost to PONY, to ensure effective communication between Justin, his coaches, and teammates. Just before tournament games began in July 2005, PONY told Justin's father that he could not be in the dugout to interpret. PONY policy allows three coaches inside the dugout, and PONY would count an interpreter in the dugout as a coach.

"I am astounded that an organization like PONY would prevent a ten year old boy from being able to receive instructions from his coach,” said Kelby Brick, NAD Director of Law and Advocacy, "PONY dropped the ball, leaving a deaf boy out in 'left field'."

PONY said it "tried to make an accommodation by allowing the interpreter near the dugout." But Justin could not see the interpreter and the interpreter could not hear the coaches. PONY denied Justin effective communication and an equal opportunity to participate. After the tournament, Justin's parents requested that PONY change its rule to permit an interpreter in the dugout. PONY rejected the parents’ proposed rule change.

The complaint requests that the Department of Justice find that PONY discriminated against Justin on the basis of his disability in violation of the Americans with Disabilities Act by refusing to permit interpreters in the dugout and/or where necessary to ensure effective communication.

"The NAD is outraged that PONY would be prevent a 10-year-old boy from communicating with his coaches. An interpreter is not a coach, and a coach is not an interpreter," said Brick, "we demand that PONY change its policy immediately."