Quote:
Originally posted by DJWickham
But, in the US, the law is clear and unambigous - - the burden is on those responsible for promulgating, interpreting, or enforcing the ban. As long as teams play in public parks, schools and facilities, the ADA will be the deciding force granting access to the disabled. I don't know of any judge who would tolerate an association not complying with an order to let a coach play on the grounds that the umpires refused to call the game. We can pretend that the law doesn't cover us, but any association or umpire actually faced with this situation will need better advice than simply ban them or walk.
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Ok, with all the extraneous stuff out of the way under the heading of "a general agreement", the only issue we have remaining is WHEN the individual umpire will be required to enforce this decision under the ADA.
I say the umpire isn't required to enforce it simply by virtue of the ruling itself, and any direction given to the PIAA. I say that only the PIAA is
directly bound by that court order. In order for the umpires to be equally bound by that decision, the PIAA has to formally advise its contracted official's association(s) that this is now a requirement for working in their league. That may even involve some changes to the contractual agreements between the two. THEN and only then, IMHO, will the umpires themselves also be bound by the ruling. Do you agree? If not, why not?
I am aware that you are somehow involved in the legal profession, so I'm not trying to be confrontational here. I'm trying to understand whether, under U.S. law, this is a clear legal precedent to be followed regardless of who received the court's order, or whether instead it is a specific ruling for a specific individual that is binding only on the body under its direction; the PIAA. IOW, I'm only looking for free legal advice as to the principles involved.
Personally, if I were an officer of the umpire association involved and given the attendant risk to indemnity insurance, I'd want independent legal advice on these points before I went ahead and starting opening the diamond to Mr Oddi and other people in his circumstances.
Cheers,