United States Tenth Circuit

In a challenge to the United States Olympic Committee's policy of providing Athlete Support Programs only to Olympic team members, to the exclusion of paralympic team members such as plaintiffs, dismissal of plaintiffs' claims under section 504 of the Rehabilitation Act against the USOC is affirmed over claims that: 1) the relevant universe for analysis should be all amateur athletes over which the USOC has responsibility; 2) plaintiffs are "otherwise qualified" for the Athlete Support Programs; 3) the USOC's policy discriminates against them; and 4) the USOC's policy has the effect of screening out amateur athletes with disabilities.

Appellate Information

• Decided 01/16/2008
• Published 01/17/2008

Judges

• KELLY, Circuit Judge., Before KELLY, HOLLOWAY, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Amy Robertson of Fox & Robertson, P.C., (and Timothy P. Fox of Fox & Robertson, P.C., Kevin W. Williams, Legal Program Director of Colorado Cross Disability Coalition, Denver, CO, with her on the briefs), for Plaintiffs-Appellants., Samuel R. Bagenstos, St. Louis, MO, filed a brief, for Amici Curiae.


• For Appellees:
  
• Christopher Handman of Hogan & Hartson, L.L.P., Washington, D.C., (Jeffrey S. George, John W. Cook, and Anne H. Turner of Hogan & Hartson, L.L.P., Colorado Springs, CO, with him on the brief), for Defendants-Appellees.