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KUKETZ v. PETRONELLI

443 Mass. 355 (2005)

STEPHEN B. KUKETZ v. ROSLYN PETRONELLI & another.

Supreme Judicial Court of Massachusetts, Plymouth.

January 28, 2005.

Attorney(s) appearing for the Case

J. Michael Conley (Mark D. Horan with him) for the plaintiff.

Marsha V. Kazarosian (Janet E. Dutcher with her) for Roslyn Petronelli.

Daniel J. O'Connor & Michael G. Sites, for Charles M. Mirrione, were present but did not argue.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

CORDY, J.

In this case, we hold that a fitness club's refusal to permit a wheelchair racquetball player to compete in a club league under the condition that the wheelchair player receive two bounces and his able-bodied (referred to by the parties as "footed" player) opponents receive one bounce is not an act of discrimination on the basis of physical disability in violation of Federal and State antidiscrimination laws.

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