The Law Offices of Sam Bernstein - Notable Cases - The International Triathlon Union, USA Triathlon and 3-D Racing (filed April 2012)

The International Triathlon Union, USA Triathlon and 3-D Racing (filed April 2012)

Suit filed in federal court against The International Triathlon Union, USA Triathlon and 3-D Racing on behalf of Aaron Scheidies, a 30-year-old 7-time world champion and 8-time national champion world-class runner, claiming the organizations violated the Americans with Disabilities Act of 1990. The suit claimed that the triathlon groups’ rule, adopted in March 2010, requiring Scheidies, who has 20 percent vision as a result of juvenile macular degeneration, and other vision-impaired runners wear blackout glasses in competition was discriminatory and dangerous. Officials from the triathlon group said the rule was put in place to equalize the competition among the blind competitors and allowed the triathlon’s inclusion in the 2016 Paralympic Games in Rio de Janiero.

In May 2012, USA Triathlon, based in Colorado Springs, Colorado, and The International Triathlon Union, based in Vancouver, British Columbia, failed to respond to the suit and a default judgment was entered. In June 2012, 3-D racing also defaulted. USA Triathlon then filed a motion to set aside default judgment and attempted to answer the complaint.

In July 2012, the Sam Bernstein Law Firm filed for a temporary injunction, giving the defendants 10 days to self-correct the blackout glasses issue or face oral arguments in court. The injunction barred the organizations from holding any triathlons until the issue was resolved.

The case was resolved in August 2012 when Judge Patrick J. Duggan ruled that no blackout glasses were to be worn by any visually impaired athlete and the defendants agreed to have Scheidies help rewrite the rules of accommodation in races for the visually impaired. The rules were required to be finalized by October 2012.

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