970 F. Supp. 2d 303
D.N.J.2013Background
- Anthony Starego, an autistic student with an IEP, sought a one-year waiver to play a fifth year of varsity high-school football at Brick Township High School after turning 19 and exhausting eight semesters of eligibility.
- NJSIAA rules at issue: an age rule (ineligibility if 19 before Sept.1) and an eight-semester rule; waivers may be granted by NJSIAA committees to equalize opportunities for students who cannot comply because of circumstances beyond their control.
- The NJSIAA Appeals Committee denied Anthony’s waiver, finding he had already received four seasons of benefit, would be a competitive "difference-maker," might displace others, and raised safety concerns; the Commissioner affirmed.
- Plaintiffs sued under Title II of the ADA seeking a preliminary injunction to allow Anthony to play; the District Court held a hearing and reviewed testimonial and documentary evidence.
- The Court adopted an individualized- inquiry framework under the ADA, applied modified de novo review to the Association’s factual findings (no deference to legal conclusions), and analyzed whether a waiver would be a reasonable accommodation and whether denial was "by reason of" Anthony’s disability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Title II requires individualized review for waiver requests | ADA requires individualized reasonable-accommodation analysis (Martin) | NJSIAA urges deference to its rules and findings | Court: individualized inquiry required; apply modified de novo review to facts and de novo to law |
| Whether granting a waiver would fundamentally alter the sport (safety, competitiveness, displacement) | Waiver would not fundamentally alter the game; Anthony is a non-contact place-kicker, limited risk, no-cut policy prevents displacement | Allowing Anthony would give a competitive advantage, pose safety risks, and displace others | Court: Waiver would likely be a reasonable accommodation; no substantial safety, displacement, or fundamental-alteration concerns found |
| Whether Anthony was "otherwise qualified" (reasonable accommodation/undue burden) | Anthony qualifies with accommodation; no evidence granting waiver would impose undue administrative burden or floodgates | Association: permitting extra season violates bylaw intent (no more than four seasons) and undermines rules' purposes | Court: Anthony is otherwise qualified; granting waiver would be reasonable and not unduly burdensome |
| Whether denial was "by reason of" Anthony’s disability (causal link required) | Freshman-year participation was not meaningful due to autism; denial therefore discriminates and deprived him of benefits | Anthony had meaningful, equal access and participation over four years; ineligibility not caused by disability | Court: Plaintiffs failed to show but-for causation — Anthony’s four years were qualitatively similar to nondisabled peers; denial not "by reason of" his disability; injunction denied |
Key Cases Cited
- Pottgen v. Missouri High Sch. Activities Ass'n, 40 F.3d 926 (8th Cir. 1994) (held age limits may be essential eligibility requirements under ADA analysis)
- Washington v. Indiana High Sch. Athletic Ass'n, 181 F.3d 840 (7th Cir. 1999) (endorsed individualized inquiry under ADA for athletic-eligibility waivers)
- PGA Tour, Inc. v. Martin, 532 U.S. 661 (2001) (Title III: reasonable modifications required unless they fundamentally alter nature of program; mandates individualized inquiry)
- Zukle v. Regents of Univ. of Cal., 166 F.3d 1041 (9th Cir. 1999) (cautions courts to enforce ADA even when deferring to educational institutions)
- Conestoga Wood Specialties Corp. v. Sec'y of U.S. Health & Human Servs., 724 F.3d 377 (3d Cir. 2013) (standard for preliminary injunction requires plaintiff to satisfy all four factors)
- NutraSweet Co. v. Vit-Mar Enters., Inc., 176 F.3d 151 (3d Cir. 1999) (failure to establish any injunction element bars relief)