September 2012 - Parks & Recreation - 30

LAW REVIEW continued from page 27

Thompson had challenged " the Park
District's requirement that he complete
the swim test without modification. " The
federal district court, however, noted that
Thompson had the burden of demonstrating that " he was a 'qualified individual'
within the meaning of the ADA and was
able to meet the Park District's legitimate
employment expectations at the time of
his discharge. " However, under the circumstances of this particular case, the
federal district court noted: " Evidence
that an employee cannot work contradicts any claim that he was performing to
his employer's legitimate expectations. "
In light of his inability to work, let alone
perform the essential functions of his position, the federal district court concluded
no reasonable jury could find that Thompson was an otherwise qualified individual with a disability who was discharged
on the basis of his disability in violation
of the ADA. The federal district court,

therefore, granted the Park District's motion for summary judgment and entered
judgment in favor of the Park District.

High Anxiety
In the case of S.S. v. Whitesboro Central School District, 2012 U.S. Dist. LEXIS 11727 (N.D. N.Y. 1/31/2012), plaintiffs
claimed the defendant school district had
" violated her rights under the Americans
with Disabilities Act of 1990 (ADA) by failing, during high school swim team practices, to make proper accommodations
for her mental disability, which caused
her to experience severe unannounced
anxiety attacks in public places. "
S.S., who was born in January 1995,
was diagnosed in 2005 with a mental disorder, which causes her to suffer severe
anxiety attacks in public. S.S. has been
treated by a psychologist and psychiatrist for this anxiety. When S.S. enrolled
at Whitesboro Senior High School for

the 2009-10 school year, her parents informed the school of S.S.'s condition and
gave the school instructions regarding
what to do when she suffered an anxiety
attack. S.S. " enrolled " in, and " did join
and/or make, " the school's swim team for
the 2009-10 school year.
During practice, Heather Cole (the
swim team coach) would require the
athletes to stay in the swimming pool for
" extended periods of time. " However,
severe onsets of anxiety would trigger in
S.S. thoughts of drowning, which prevented her from being able to stay in the pool
for such periods of time. As a result, she
would need to exit the pool during practice to ease her anxiety.
According to S.S., on " numerous occasions, " the school district and the swim
coach were " put on verbal notice " that
S.S. needed to exit the pool during practices in order to ease her anxiety. However, when S.S. exited the pool during

NatureRail®
Scenic Guardrail System
Guardrail System for roadways,
cart paths, bridges and pedestrian/
equestrian paths.

For more information, call us today at 330-477-4800
or visit our website at www.gregorycorp.com

SCENIC
SOLUTIONS

Gregory " C " Post &
Brackets for Wood Fences
No warping, splitting or rotting.
Perfect for boundary, screening or
decorative wood fencing.

Parks & Recreation S E P T E M B E R

2 0 1 2 W W W . N R P A . O R G

September 2012 - Parks & Recreation

Table of Contents for the Digital Edition of September 2012 - Parks & Recreation