As of March 1, 2016 IRONMAN (IM), under the World Triathlon Corporation (WTC), a subsidiary of the Chinese Wanda Group changed their policy regarding the use of a snorkel during the swim portion of the race. The rule change prohibits the use of a snorkel under any circumstance. In excess of ten years prior to March 1, 2016 the use of a snorkel was allowed with a medical exemption to allow an athlete with a physical disability to participate with the understanding that the individual using the snorkel would be exempt from any podium placement or from qualifying for a World Championship race slot. The disqualification from any possible accolade eliminated any possible advantage that the snorkel might possibly provide. Therefore, the only advantage to using a snorkel would be the medical necessity of its use to participate. This rule change is in direct violation of American’s with Disabilities Act of 1990 which states that reasonable accommodations, which is a change in the way things are typically done that the person needs because of a disability. For over a decade prior to March 1, 2016 IM and WTC were compliant with this act and made accommodations for athletes who had medically documented needs to use a snorkel to overcome disabilities to be allowed to participate. Now the organization is no longer compliant. I thought that perhaps IM did not realize the legality issue of the recent rule change and emailed them directly to address the issue. I emailed athlete services and was told that my email had been forwarded to the Global Operations Director and that she would be in contact with me soon. It has been more than three weeks and she has yet to respond. Athlete services has granted me the permission to participate with the snorkel with my medical documentation of disability in the events that I had signed up for under the previous policy but not moving forward. Moving forward I was told there will be no exception or allowance of the use of a snorkel. I also communicated directly with Jimmy Riccitello, IM’s head referee. I explained to him at length how the rule change discriminates against me and other athletes with physical disabilities. He stated that there are no plans to change the rule to allow snorkels. IRONMAN is the number one user-based sport brand in the world. IM’s marketing plan is based on the theme that “Anything Is Possible.” They market physically challenged athletes and celebrates the overcoming of challenges. They spotlight “everyday heroes” in the World Championship race in Kona, Hawaii. The organization works closely with the Challenged Athlete Foundation and accommodates physically challenged athletes to allow them to participate in their events. A few examples of accommodations include: - the use of a rope during the swim to tether a blind athlete to a guide - modified bicycles, tricycles to accommodate physical challenges - prosthetics - etc The rule change to no longer allow the use of a snorkel for an athlete with a medical necessity is blatant discrimination. Picking and choosing which disabilities IM is going to accommodate with reasonable accommodations is unacceptable. Especially given the fact that IM markets and celebrates disabilities that are easily seen and discriminates against an “invisible” disability. The following are examples of disabilities that make a snorkel medically necessary. This list is not all inclusive, just a very small sampling of reasons. Joe has had a double lung transplant. Inhaling water is a major concern for his lung health. However, the use of a snorkel minimizes this risk and has been approved by his doctor to effectively allow him to continue to participate in a sport that improves his quality of life. Mark had neck surgery and under the advisement of his neurosurgeon is not to swim without a snorkel to prevent reinjury. He has participated successfully with the use of a snorkel for the past six years. Emily has trigeminal neuralgia, an extremely painful facial pain condition. The pain is triggered by changes in pressure and touch. The constant motion of swimming without a snorkel is excruciating. The use of a snorkel allows her to keep her head in the water eliminating the trigger for her disabling condition. And I have rheumatoid arthritis and cervical degenerative disc disease with left sided radiculitis exacerbated by repeated cervical spine rotations as needed to breathe in freestyle swimming. Along with severe headaches caused by repeated cervical spine rotations. It is disabling to the point of loosing arm function. It physically disables me for days. However, the use of a snorkel eliminates the problem and I am able to swim safely. These athletes and many like them are not asking for anything extraordinary. Only that Ironman follow their own previously stated rule and allow for reasonable accommodations for an athlete with a physical disability in which a snorkel would allow them to participate. It is my hope that you to will see that the new rule change regarding the use of a snorkel by Ironman under the World Triathlon Corporation is a violation of the Americans with Disabilities Act and help persuade them to reconsider and reinstate the medical exemption. Thank you for your consideration, Jodi Pettit
Monday, April 11, 2016
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2 comments:
Dear Jodi
I stumbled across your blog entry here as I recently discovered the rule change blatantly discriminating against disabled swimmers who need snorkels.
I have also emailed them asking for an explanation - but do not have much hope of a logical answer.
I have a verified neurological disability as a result of a crushed C5/C6 cervical disc, which required an implant to repair. I cannot swim freestyle (side to side breathing) without the aid of a snorkel.
This ruling seems illogical and against the spirit of sportsmanship for people with disabilities who are not able to compete at the same level as fully able bodied athletes. Even the WOWSA believe in cases such as these, snorkels may be used.
How do we take this further ? (I am based in South Africa) but will assist in any way possible, even if a USA based law is used to piggyback in other jurisdictions.
To say I am shocked by this Ironman development is an understatement - was hoping to register for my first 70.3 this year ... now I won't.
You may find this article of use, something positive after I made contact in 2016: http://dailynews.openwaterswimming.com/2016/02/swimming-with-snorkelassisted-or-what.html
Cheers
Sven
Thanks Sven and I am sorry this affects you as well. You can continue to share your concerns with the chief referee at IM. If you send me your email address I can send you his contact information. I took it and submitted a claim with the Justice Department in the United States because it does violate the Americans with the disabilities act but the Justice Department is over swamped with cases and unless I want to file a civil suit I am at the end of my line here. Also got several articles in magazines in the United States they discuss it And is a little bit a bad publicity for Iron Man but they don't seem to care. In the meantime all other race organizations that I've affiliated with will still allow me to race with us Marquel so I just don't participate with Iron Man branded races. Good luck
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