Paralympic Decions Ruling

Nancy Burpee is a world class paralympic swimmer who attempted to participate in the 2004 Paralmpic Games that were held in Athens, Greece. The United States Paralympic team was selected at the United States Olympic trials. However Ms. Burpee was disqualified at the Paralympic trials by an Australian Referee on a procedural technicality. This happened inspite of her setting world records in the 50 and 100 yard freestyle at the trials that were held in Minnesota.

After being disqualified Ms. Burpee phoned Kevin P. Simmons who is a partner at Simmons, Jannace, & Stagg. The law firm represented Ms. Burpee on a pro bono basis. The law firm's goal was to not only veto the disqualification but to take action against the United States Olmpic Committee to name Ms. Burpee to the Olmpic Team.

The law firm then began arbitration under the United States Olympic Committee Rules and live testimony was taken from swim referees in both Canada and Australia. Simmons, Jannace & Stagg argued that the Australian referee showed discrimination against Ms. Burpee by making various comments indicating that the Australian referee did not want Ms. Burpee competing against an Australian paralympic swimmer. Simmons, Jannace & Stagg also stated that the United States Paralympic swim trials were not held in within the paralympic rules.

Even with all these efforts and hard work, an independent arbitrator ruled against Ms. Burpee and refused to force the United States Olympic Committee to name her to the Paralympic Team. However Ms. Burpee went on with her life and now continues her swim career and will compete in the World Championships in the upcoming year.