Teen with diabetes disqualified for glucose monitor at Colorado swim meet, suit says
A 16-year-old swimmer was disqualified from the state championship meet in Colorado because he was wearing a glucose monitor covered with tape for his Type 1 diabetes.
He filed a federal discrimination lawsuit against the Colorado High School Activities Association, according to a complaint filed last week.
Ethan Orr, a swimmer at Coronado High School in Colorado Springs, was approached by a referee at the June 25 state championships, court documents show.
The referee questioned Orr about the glucose monitor on his arm — and the tape that was covering it to prevent the monitor from falling into the water, court documents show. The referee asked Orr if he had a doctor’s note to authorize the use of “tape to treat a documented medical condition,” according to a statement by CHSAA’s attorney, Alexander Halpern.
Orr, a 16-year-old junior, did not have such a note.
“The student did not have a signed medical authorization, and the referee advised him that he would not be able to compete in his final event, the 400 free relay,” Halpern said in a statement. “This decision was required by the rules of the NFHS that govern all participants equally and had nothing to do with the student’s disabilities.”
Coronado’s coach, Nathan Holm, chose to replace Orr with another swimmer, but didn’t notify officials because of the “abrupt change” and the relay team was disqualified, Holm said, according to an email in the documents
The CHSAA, however, said the Coronado High School team was disqualified “for an early takeoff completely unrelated to the matter of the student in question.”
Orr was diagnosed with Type 1 diabetes at the age of 10, KMGH-TV reported. The monitor needs to stay attached to his body so he can track his blood sugar levels, which may vary while he swims, according to the complaint.The device ensures he doesn’t become hyperglycemic or develop diabetic ketoacidosis — a life-threatening complication.
He swam two relays at the meet while wearing the monitor and tape before being questioned by the referee. And before that, Orr took part in seven swim meets while wearing the monitor without any grievances, court documents show.
“I knew I’d have to fight my disease to swim, but I never imagined I’d have to fight discrimination to swim,” Orr said in a news release from his lawyer’s office, Colorado Law Team.
Orr’s attorney, Igor Raykin said which rule the swimmer is accused of breaking is still unclear. Though he said in a news release it might be the one refraining competitors from wearing or using “any device or foreign substance to aid their speed, buoyancy or body compression.”
“There is absolutely no way a glucose monitor covered by a 2x2 inch piece of tape could give a swimmer with Type 1 diabetes a competitive advantage,” Raykin told McClatchy News.
Raykin said the incident goes against the The Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973 and the National Federation of State High School Associations rule, which CHSAA follows.
However, the attorney representing CHSAA said the referee approached Orr because he was going against a NFHS Rule 3-3-5 that requires a player to present a signed document from a medical professional that “certifies it is safe for the student to participate with the device attached.”
This story was originally published September 1, 2021 at 8:41 PM with the headline "Teen with diabetes disqualified for glucose monitor at Colorado swim meet, suit says."
