Estimated read time: 1-2 minutes
This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story.
PROVO, Utah (AP) -- A wheelchair athelete is suing the organizers of a half-marathon in hopes of getting a berth in a future race.
Curt Brinkman, Pleasant Grove, says race organizers prevented him from participating in the 2004 Hobble Creek Half Marathon because the event has no wheelchair division and because of transportation problems getting Brinkman to the starting line.
In his U.S. District Court claim, Brinkman says race organizers Kenneth "Hawk" Harper and his wife Cheryl Harper, and the city of Springville have violated his civil rights.
"The race director (Harper) refused me to get to the starting line and thus prevented me from running the race," Brinkman said.
A federal court judge in Salt Lake City this week refused to dismiss the suit. The Harpers asked for a dismissal, claiming Brinkman had not exhausted administrative options.
The Harpers say they are willing to let Brinkman race -- as he did unofficially 10 years ago when special arrangements were made -- and that the 2004 situation amounts to only a misunderstanding.
The organizers said they were unprepared for Brinkman last year because they didn't know he had registered. And buses being used to transport runners to the starting line had no wheelchair access.
The Hobble Creek race has never had a wheelchair division, but the Harper's point out they are not required to include one under the Americans with Disabilities Act. Kenneth Harper says he's dicussed adding a division with Brinkman before, but for safety reasons it's not viable.
"I believe in Curt's ability," he said. "I'm worried about others that are less experienced trying to duplicate his efforts."
Brinkman's attorney Tracy Cowdell says his client isn't looking for money, just a chance to take part in the event.
(Copyright 2005 by The Associated Press. All Rights Reserved.)
