A settlement between the parents of a deaf boy from Kaua'i and one of the nation's largest youth sports organizations ensures that young players with disabilities will have an equal opportunity to play baseball and softball, the U.S. Justice Department said.

The out-of-court agreement was brokered by the U.S. Justice Department's Civil Rights Division. It resolves a complaint filed by Beth and James Tokioka on behalf of their son, Justin Kapono "Pono" Tokioka, against the PONY leagues.

"Words can't express how thankful we are that the settlement was favorable not only to Pono, but to thousands of children with disabilities around the country who want to participate equally," said Beth Tokioka. "It's amazing that almost two decades later, the Americans with Disabilities Act is still so poorly understood."

James Tokioka and his 11-year-old son flew to O'ahu from Kaua'i yesterday and appeared at a news conference at the federal courthouse to discuss the settlement, which was signed Wednesday.

"We're extremely proud," James Tokioka said, "because it not only will accomplish correcting a situation with PONY baseball, it will also set a landmark case for other sports organizations that if a kid who has a disability, whether it's a hearing impediment or whatever that disability may be, they need to have accommodations for it.

"And it needs to be spelled out clearly," he added. "So whether it's soccer or football or whatever, a child with a disability will be able to get assistance. It's about the rights of all kids with disabilities."

PONY started implementing the new policy during this year's state tournament last month, but officials held off from announcing the settlement until it was finalized, James Tokioka said.

The family petitioned the government after the boy was denied access to a sign-language interpreter at the 2005 Mustang (ages 9-10) state tournament in Hilo because PONY officials enforced a rule that states only three uniformed coaches and players can be in the dugout during games. PONY is an acronym for Protect Our Nation's Youth.

POOR SPORTSMANSHIP

In its investigation, the Justice Department determined that PONY violated the Americans with Disabilities Act. The department found the league denied the boy an equal opportunity to participate when it said James Tokioka, who had acted as his son's interpreter in practices and in games on Kaua'i, could not be inside the dugout to give him sign-language instructions from coaches.

PONY Baseball Inc., a nonprofit headquartered in Washington, Pa., agreed to make changes to its policies and pay $30,000 in damages to the Tokiokas. In exchange, the Justice Department agreed not to institute or be a party to any lawsuit filed against PONY based on its investigation.

In a separate settlement, PONY agreed to pay $10,500 in legal expenses incurred by the Tokiokas, who were represented by National Association of the Deaf attorney Marc Charmatz. The Tokiokas, in turn, dropped all claims against PONY.

PONY is affiliated with 3,500 baseball and fast- and slow-pitch leagues nationwide with 450,000 participants.

The policy changes agreed to by PONY include modifying its rules to allow players to use sign-language interpreters during games; providing, in conjunction with local leagues, sign-language interpreters for players who are hard of hearing; and appointing an ADA coordinator by early September. It also agreed to schedule training on title III of the ADA for members of the national PONY board of directors.

BROAD IMPLICATIONS

The Justice Department reserved the right to institute civil action for any violation of the agreement and could order civil penalties up to $110,000 for each violation.

Though it's directed at PONY, the guidelines set down in the settlement should be viewed broadly, said Ed Kubo, the U.S. attorney for the District of Hawai'i.

"Youth leagues should be on notice that their policies and practices cannot limit the participation of children with disabilities," Kubo said in a Justice Department news release.

The money from the settlement will go to their son's college fund, but money was not the issue, James Tokioka said.

"We asked for two things, a rule change to allow an interpreter to follow wherever communication was necessary, and a letter of apology from PONY baseball," Tokioka said.

The Justice Department, he added, pushed for local leagues to have an interpreter if players and families request one in writing at registration time or before the start of a tournament.

"It is good but we also understand because we're close to our board and very close to the financial aspect of running a league that it could be expensive," he said. "For us, we're just asking for things to be fair and we would do the interpreting."

Pono Tokioka, a second baseman, played in the Bronco (ages 11-12) level this season. He earned all-star honors and encountered no communication problems. Pono expressed gratitude for the support he's received, which included a letter from former all-star baseball player Cal Ripken Jr.

Keith Amemiya, executive director of the Hawai'i High School Athletic Association, is an attorney who serves as his organization's ADA coordinator. He said high schools here have complied with ADA and have adjusted when necessary.

Amemiya said a sign-language interpreter was permitted to go onto the mat to instruct a hearing-impaired wrestler from Pearl City two years ago, and a guide was allowed to run with a visually impaired competitor in a cross-country meet. Also, special arrangements were made for a football coach and his wheelchair on Kaua'i.

"Our philosophy has always been to make any accommodation that's necessary and feasible," Amemiya said.

Reach Rod Ohira at rohira@honoluluadvertiser.com.