The fundamental nature of sport: disability, discrimination and sport in Holzmueller v. Illinois High School Association

Abstract

Despite events such as the Paralympics, global games, and Special Olympics, sport is generally structured in a way that provides limited or no categories for people with disability to take part in a fair contest. The exclusion of children with disability from sporting opportunities result from the approach that sport is fixed and has a traditional structure, designed to identify the most able at certain activities. It is therefore often accepted that sport is simply something that children with disability may not be able to take part in. This article examines the appeal case of Holzmueller v Illinois High School Association, in which a High School track and field athlete challenged the structures of an athletics competition that did not provide separate categories for athletes with disability, other than wheelchair events. While the case is specific to the United States it represents a useful example of the complexities in the discrimination of children with disability when it comes to sport. By analysing Holzmueller using critical disability theory, this article demonstrates the challenge the law—statute and the judicial interpretation of it, has in preventing discrimination against people with disability in competitive sport.