Disabled Kansas boy honored for fight to play ball

? Matthew Whaley just wanted to play baseball with his friends. But it took a federal lawsuit before the 8-year-old with cerebral palsy could join the lineup on his summer baseball team in Scott City, Kan.

Whaley and his legal victory were honored Thursday night in Washington by a national disability rights group celebrating the 15th anniversary of the Americans with Disabilities Act.

His mother, Jennifer Berends, said she was proud to share Matthew’s story if it can help make a difference for other people with disabilities.

“All along, it was about Matthew just getting to do what the other kids were doing,” Berends said.

Last summer, Matthew told his mother he wanted to play baseball with his older brother – who is not disabled – on a youth team for boys ages 7 to 9. He uses a walker for mobility, bracing himself with one hand and swinging the bat with the other.

But the Scott City Recreation Commission said he couldn’t join the team because of concerns he might get hurt or hurt other players. They also claimed it would force them to alter the rules and make the game less competitive, even though Matthew requested no changes.

Jennifer Berends, center, and her son, Matthew Whaley, meet with Rep. Jerry Moran, R-Kan., right, Thursday in Moran's Capitol Hill office in Washington, D.C. Whaley, from Scott City, has cerebral palsy and was in Washington to be honored for his legal victory in his fight to play little league baseball.

His family finally sued the commission in federal district court in Wichita. It didn’t take long for U.S. District Judge J. Thomas Marten to rule the league could not discriminate against him under the ADA. Marten issued a preliminary injunction ordering the commission to let Matthew play.

“There are other kids out there who can’t hit the ball,” Berends said. “Just because Matthew has a walker, it’s unfair to exclude him from playing.”

Matthew is now playing his second season of baseball. He’s hit three balls this year, and his most recent hit scored two RBIs, his mother said.

“His story shows how difficult it is to change people’s attitudes about what someone with a disability can and cannot do,” said Curt Decker, executive director of the National Disability Rights Network.

The legal advocacy group sponsored the Washington reception honoring Matthew and other special guests. Decker said organizers wanted to show how the ADA has helped gain access for people in a variety of settings.

“He represents why we still need these legal protections when voluntary compliance, common sense and just general compassion don’t work,” Decker said.

The 1990 law signed by President Bush’s father was passed to ensure equal rights for the disabled and has brought a host of changes in workplaces, transportation and other aspects of daily life. It requires companies to make reasonable attempts to accommodate workers with physical impairments, while buildings, transportation and other public facilities must be accessible to all.

While the law has made massive changes in American society, mostly guaranteeing physical access, Decker said Matthew’s case demonstrated the breadth of the ADA.

“It reaches into all aspects of life, not just employment and access to health services, but into recreation and leisure,” Decker said.

Rocky Nichols, executive director of the Topeka-based Kansas Disability Rights Center, which represented Matthew, said the case was a classic example of how the ADA could help the disabled live better lives.

Berends said she’s just happy that her son can enjoy America’s national pastime.

“The satisfaction came the first time I saw Matthew on the bench smiling because he got to play ball with his brother,” Berends said. “I’m happy that he’s been afforded the right just to get on the field and play.”