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The Honolulu Advertiser
Posted on: Saturday, August 19, 2006

Local case a reminder of the scope of ADA

A settlement in the lawsuit over the right of a deaf youth baseball player to have a sign-language interpreter makes the point loud and clear:

Youth sports are covered by the Americans with Disabilities Act.

Why was it in question?

The act was passed in 1990 to assure accessibility for the disabled throughout society in all public places and endeavors.

But the case of Justin Kapono "Pono" Tokioka, a deaf 11-year-old PONY League player from Kaua'i, shows just how much vigilance is still needed to protect the rights of the disabled and the broad vision of the law.

When PONY officials refused to change league rules to allow an interpreter for Pono last year, the refusal forced the lawsuit by the Tokiokas that the U.S. Department of Justice helped mediate this week.

In the settlement, PONY officials relented, and will formally change league rules to allow sign-language interpreters. League officials also will undergo ADA training. Pono and his family will get $30,000 in damages. But the Justice Department provides the real hammer — the right to take legal action and fine the organization for future violations.

Ed Kubo, the U.S. attorney for the District of Hawai'i did not mince words: "Youth leagues should be on notice that their policies and practices cannot limit the participation of children with disabilities."

Thanks to Pono, we've all been given a real-life lesson on the extent of the ADA and the accessibility rights of the disabled.