Friday, October 15, 1999
Disability law could allow player 5th year
BY BEN L. KAUFMAN
The Cincinnati Enquirer
A federal judge Thursday cleared the way for Ryan C. Dixon, who has a learning disability, to play wide receiver for Hamilton High School.
U.S. District Judge Sandra S. Beckwith granted a temporary order restraining the school from enforcing the Ohio High School Athletic Association's eight-semester limit.
Instead, she agreed with attorney Robert A. Klingler that the school should follow Ryan's individualized education plan and its recognition of interscholastic sports as essential to his success.
The judge's 10-day restraining order can be extended a second 10 days. That will give Judge Beckwith time to consider granting a preliminary injunction, which would allow Ryan to compete in interscholastic sports until his case goes to trial.
Typically, temporary restraining orders indicate which side the judge expects ultimately to win.
Ryan, 18, ran afoul of the eight-semester rule because academic problems attributed to his attention deficit hyperactivity disorder (ADHD) required him to repeat his freshman year.
Sports have made the difference, Mr. Klingler said, and imposing the eight-semester rule would discriminate against him because of his disability.
This is Ryan's ninth semester.
“I'm stunned,” Ryan said Thursday when told of the judge's decision. “I guess it's all turned out for the better so far.”
Ryan has watched the “Big Blue” practices, and six games, from the stands. He hopes to be able to play in two of the remaining three games.
“It's going to help me find a better scholarship,” said Ryan, who had 700 receiving yards on 28 catches last year. “Now at least I have one or two games to prove what I got.”
He's been running about six miles a week to stay in shape.
“Couple of practices with full equipment and I'll be there,” he said.
David Dixon said sports has done amazing things for his son, helping improve his grades, discipline and focus.
“How many kids drop out because they haven't practiced in sports or haven't had the motivation there?” Mr. Dixon said. “There are kids in the same situation and nobody knows it.”
Judge Beckwith said Mr. Dixon and his wife, Inga, had a “reasonable chance of succeeding on ... their claim that participation in interscholastic sports is essential for Ryan Dixon to receive a free, appropriate public education” under the Individuals with Disabilities Education Act.
Further, Judge Beckwith granted his wish to play because “the risk of irreparable harm is great” if he were barred from sports. “There is enough evidence in the record so far that much, if not all, of Ryan's success in overcoming the academic and behavioral problems associated with or caused by his ADHD is due to his participation in interscholastic sports.”
The judge noted evidence that “Ryan became depressed and suicidal when he was not permitted to participate in interscholastic sports.
“Although there are indications that Ryan is now progressing nicely without benefit of interscholastic competition, that may be due in large part to the hope that he may yet be able to participate in sports.
“The court is loath to find out the hard way whether Ryan is past these problems.”
Ryan also plays basketball and baseball and competes in track.
Hamilton High School Athletic Director Larry Wood declined to comment because he has not been notified of the ruling, nor had he seen a copy of the restraining order.
Assistant Superintendent Gene Hutzelman also declined to comment.
Clair Muscaro, Ohio High School Athletic Association Commissioner, was out of town and unavailable for comment.
Saundra Amrhein and Sue Kiesewetter contributed to this report.
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