iPhone app iPad app Android phone app Android tablet app More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Ellen Seidman

GET UPDATES FROM Ellen Seidman
 

Max Wymer, Boy With Cerebral Palsy, Kicked Out Of The Pool For Wearing Floaties [UPDATED]

Posted: 07/26/2012 11:04 am

A mom and her son with cerebral palsy had to leave a pool in Pittsburgh because he was wearing water wings: add this incident to a growing file of special needs WTFs. The incident is disturbing on many levels -- it ruined a kid's fun, it gave his mom grief, and it once again makes me worry about the blinders people have on when it comes to kids with special needs.

The story, as recounted on wpxi.com: Jen Wymer, her daughter and her son, Max, were at a public pool in North Park on Monday. Both kids had water wings on. When lifeguards told her the wings were against the pool rules, she took them off her daughter but asked to keep them on for Max. As Wymer tells it, "I went up to the lifeguard and said, 'My son has cerebral palsy. He doesn't walk well and has poor balance. Could he keep the floaties on?'" But she was told, says Wymer, "Rules are rules."

(This post has been updated. Scroll down for new information.)

When Wymer refused to remove them, the police were called. Wymer took the wings off. After holding Max up in the pool for an hour, she put them back on. When the police returned, according to Wymer, they escorted her out of the pool.

A lot of pools prohibit water wings, fearing they give kids (and parents) a false sense of security. But if a child with cerebral palsy happens to have them on, for extra support, and is being held or closely watched by a parent, can't he just stay for the day?

The Pool Rules and Regulations listed on the Allegheny County website state that life preservers and water-wings are prohibited in the pool. They also state "Exception: specialized flotation devices for disabled patrons only." Water wings picked up at Target or Sports Authority may not count as "specialized flotation devices" but in this case, they were serving as such.

I'm sure the lifeguards at the pool were trying their best to do their jobs. I get that. Safety at the pool is everything. What concerns me is that they couldn't find any way of accommodating this boy. Couldn't they have told the mom, "Just this once, but next time we can't allow it"? It doesn't seem like the pool crowd would have staged a protest -- in fact, a woman standing nearby reportedly told the police "She obviously has a disabled child." Assuming the mother wasn't threatening to do them bodily harm with a water wing, did they even have to call the police? Come. On.

Here's one seeming dichotomy of raising a child with special needs:

We want our kids to fit in with other kids and be treated as equals.

We want special treatment for them, too.

The truth, though, is that these go hand in hand. In order for this Max, and my own Max, to enjoy certain activities -- like any other kid out there -- occasional exceptions have to be made. Parents may have to take a stand.

But hopefully, police won't have to be called.

UPDATE: Max is now allowed to wear his water wings at the pool, wpxi.com reports, after his Mom got a doctor's note for them.

This post originally appeared on Love That Max.

Other posts from Ellen to check out:
A baby with Down syndrome is a swimsuit model: Yes, this is a Big Deal
What I'd Like You To Say To My Kid With Special Needs
A Bill of Rights For Parents of Kids With Special Needs

 

Follow Ellen Seidman on Twitter: www.twitter.com/@LoveThatMax

FOLLOW PARENTS
 
 
  • Comments
  • 1,099
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
Page: 1 2 3 4 5  Next ›  Last »  (26 total)
09:01 AM on 07/30/2012
My daughter wanted to participate in a summer music camp when she was young. The camp refused to accept our daughter because she was blind. The official reason for their rejection was that "they had liability concerns". My daughter was hearbroken. We ended up picking a camp that was designed for blind children instead of the camp that she was interested in. There were so many things she was interested in experiencing and exploring, but because of her disability many facilities and even schools made erroneous assumptions about her abilities. As a result, she wasn't able to experience the full range of activities that interested her. The ADA is supposed to protect people from this kind of discrimination. We never fought the rejections because we didn't think legal challenges benefited our daughter, but the injustice of the situation sticks with you as a parent. My heart goes out to this Pittsburgh mom. I hope she fights the good fight on behalf of her child. Prejudice is a terrible thing.
05:30 PM on 07/29/2012
I work at a lake, and we have a similar rule. Inflatables are dangerous because if they deflate and a child needs them to keep their head above water, then they obviously will not be able to. This is and unfortunate situation, but the lifeguards/pool would ultimately be liable if anything was to happen. I think the lifeguards made the right call; they werent doing it to be cruel, they were trying to make sure the child was safe.
05:24 PM on 07/29/2012
Boo Hoo, special needs does not mean special privileges, just get a USCG approved flotation device that will actually conform to the state rules and are SAFER.
photo
HUFFPOST SUPER USER
Jessica Ann Stallings
Alternative designer. Screw the norm.
05:19 AM on 07/30/2012
Um, actually, yes, it does. That's what special ed, handicapped parking, disabled access, etc. are for--people with special needs, and usually their caretakers, as well. In fact, there's a law that guarantees these "special privileges"--perhaps you should look into the Americans with Disabilities Act. Then maybe you won't make such callous remarks.
03:06 PM on 07/30/2012
You have absolutely no idea what you are talking about. It's not a "special privilege" to provide a child with the means to participate in activities that your child takes for granted. The ADA is not about "privileges", it's about opening doors that were once closed and allowing everyone a chance at access to a normal life. The goal is NORMAL not PRIVILEGED. Sometimes normal cannot be acheived. As an example, my daughter will never drive or become a surgeon because she's blind. However, she makes one heck of a physicist because the schools we sent her to did not see her as a blind student, they saw her as a gifted student who happened to be blind. Get the difference?
07:31 AM on 07/29/2012
I can't believe the number of people who are complaining about the lifeguard, or worse yet, telling the mother to sue. The pool rules are not there on a whim, they are there to PROTECT the swimmers. Yes, her child has a disability. However, if he cannot swim without floatation devices, that should be even MORE of an incentive for her to get a life-guard approved flotation device. She is not putting his safety first, period.
photo
HUFFPOST SUPER USER
chrlbrw1122
11:01 AM on 07/29/2012
BOOOOOOOOOOOOOOOOOOO YOU......Its illigal to spit on the sidewalk but people still do it.. Get some kindness in your cold heart..
11:13 AM on 07/29/2012
Are you really comparing spitting on the sidewalk to taking a boy with a disability to a pool without proper safety equipment? I'm not even going to address that.

I have plenty of compassion, but I don't feel bad for this mother because she wasn't doing what was in the best interest of her child.  Please tell me why she couldn't buy proper equipment?  My daughter had proper flotation devices when she was younger, and she had no physical disability preventing her from being able to swim.  A child who physically cannot save him or herself if something goes wrong makes my argument even stronger that she should have gotten approved flotation devices.
HUFFPOST SUPER USER
bigmetsfan
07:00 AM on 07/30/2012
Comment fail
07:07 PM on 07/28/2012
Insensitive as h*ll. Of course the lifeguard might have been fired, so the mgmt needs to wake up.
05:41 PM on 07/28/2012
As a certified lifeguard AND certified Special Education teacher, there are a lot of people (including the author of this article) who are letting their emotions and arrogance be poor substitutes for safety and facts.

First of all... APPROVED flotation devices are allowed. Swim wings are not approved. Wow, it's that simple. Now, I don't know what the actual regulations are in the jurisdiction at hand, but where I am, a Coast-Guard certified Type II or III PFD would suffice. Although these cost more than a pair of cheap waternwings, you can find them for well under $50. Water wings are simply unsafe. They deflate, they inhibit mobility, and decrease visibility for the lifeguard on duty (you know, the ones you are all crucifying for doing their job to keep everyone safe).

I find it appalling that this mother of a special needs child would not understand or educate herself on what would be appropriate safety measures for her child. Stop letting your emotions get the best of you, and realize that the lifeguard was trying to keep your child safe.
07:09 AM on 07/29/2012
I agree. The mom wants special treatment for a SAFETY issue, which is not a good idea. Water wings are not safe. Period. Had he been using an approved flotation devuce, this would have never been an issue.

You can tell just how much her emotions are getting the best of her when she does things like put the water wings on after the police leave the first time. Also, she says she wants her kid to be treated as equal AND she want special treatment for him, too. Raising any child is hard, and raising a special needs child is harder. However, you can't have it both ways all the time. Safety has to come first.
This user has chosen to opt out of the Badges program
photo
05:25 PM on 07/28/2012
umm safety conscious yet inadvertently they made a disabled child less safew tf???
05:49 PM on 07/29/2012
No "THEY" didn't make the child less safe - the mother made the child less safe by insisting that the child be in the pool without proper safety devices. She could have removed him from the pool, taken him to a shallow pool. However, she insisted that he be allowed to be in the pool with the unsafe flotation devices. The lifeguards were just trying to do their job.
04:01 PM on 07/28/2012
My son was kicked out for wearing a white t shirt. Rules like this are just ridiculous. I'm getting my own pool.
This user has chosen to opt out of the Badges program
03:53 PM on 07/28/2012
rules are rules. allow it for one and be sued if all are not allowed to also break the rules. everyone wants to sue someone for a chance at a lifetime of not having to earn a living. everyone expects the rules to be broken for them.
HUFFPOST SUPER USER
MidwestGrl52
03:09 PM on 07/28/2012
Seriously, what is wrong with people? I don't get why the lifeguard couldn't just let this one go.
photo
HUFFPOST SUPER USER
David Amaya
... and I approve the following message;
05:33 PM on 07/28/2012
you mean the 18-year old PITT freshman who is threatened with losing this job if he DIDN'T enforce the rules?

The problem was whoever trained him to handle this situation, (IE where the F--!! was the Manager/supervisor??) their runes state no aids UNLESS DISABLED, but water wings?

This should have NEVER involved the police, and a red cross lifeguard similar doesn't teach ADA compliance, in the county doesn't change their training, she should sue then to force them to a consent decree, mandating better training of these kids who are looking out for about 50-75 people of all ages in a public place.
05:43 PM on 07/29/2012
"Just let this one go"?? And then the kid drowns and instead this story is the same mother screaming that the life guard didn't do his or her job just like the family that is suing the amusement park because their 20-something son bullied his way onto a roller coaster that he wasn't allowed on (because he only has one leg) and he got thrown off during the ride. There is so much entitlement in society today that you're damned if you do and you're damned if you don't.
03:05 PM on 07/28/2012
Better to get a life jacket that keeps head out of water and does not depend on inflated bladders. they cannot deflate and are not mechanical. My wife loves to snorkel on the surface and as she does not float and is scared of water, she wears a life jacket and is happy. Another option would be a wet suit jacket. It makes you bouyant and wont deflate either. Oh yeah, we are so overboard on some things that no one can make common sense decisions because of the RULES.
02:59 PM on 07/28/2012
The lifeguard was absolutely right. He/she has NO authority to change the rules that are for safety purposes. When you go on a boat on a public lake you must have an approved life jacket. Water wings, innertubes and round life preservers are NOT an acceptable substitute, period. Mother should have had an approved life jacket for her child. I've seen them in thrift stores for a few bucks.

The straps to buckle a wheelchair into a wheelchair van are made for wheelchairs with 2 big wheels. There are wheelchairs with all small wheels and they are NOT permitted, PERIOD. The van driver has ZERO authority to "use common sense" If the van driver "accomodates" and says, well, I'll let it go this time, and the chair overturns in the van, then not only would the driver be fired, but the co. would probably go out of business due to the lawsuits. Just like a rider will not be transported on a wheelchair van with an unapproved wheelchair, the pool also does not allow the use of unapproved flotation devices for any reason. Whether there is a law requiring the public pool to have loaner approved life jackets available is a question I cannot answer.

"Life preserver" usually means a round device similar to an inner tube. The article did not say the child was denied if wearing an approved life jacket.
photo
HUFFPOST SUPER USER
zane1260
03:44 PM on 07/28/2012
You're absolutely right. If the lifeguard had made an exception and something had happened he'd be responsible. As much as the kids mom wanted him to bend the rules there would probably be a different story if the kid drowned or ended up at the hospital. Its easy to want to make an exception, but he did the correct thing.
HUFFPOST SUPER USER
allwaystattoo
05:37 PM on 07/28/2012
you're a regular wet blanket
HUFFPOST SUPER USER
bmitche
02:30 PM on 07/28/2012
I understand the mother's concern, but those were the pool's rules. If the rules are not followed and are changed under special circumstances, they are no longer effective.
photo
wtfyoutalkingabout
If you want to be happy, be.
05:03 AM on 07/29/2012
If they're changed, the next day you'll have a pool full of children with water wings claiming they're all disabled. According to the ADA, you are not allowed to question someone if they claim a disability, so they would all get away with it. It's happened in our town...we have a disproportionate amount of guide dogs. I know we don't have THAT many disabled people in our town. I personally know people that have purchased guide dog vests so they can take their dogs with them into restaurants and the owners cannot question them.
02:27 PM on 07/28/2012
Really?!?! They called the police because the boy was wearing floaties?

"A lot of pools prohibit water wings, fearing they give kids (and parents) a false sense of security".

I'm guessing the same folks who came up with this gem of logic also think life vests should be banned as well, since life vests may give you a false sense of security that you won't drown should your boat sink...
This user has chosen to opt out of the Badges program
03:55 PM on 07/28/2012
no they called the police because the mom refused to follow the rules and refused to leave.
photo
wtfyoutalkingabout
If you want to be happy, be.
05:06 AM on 07/29/2012
The reason those rules are in place is to prevent parents from putting floaties on kids that cannot swim and not properly supervising them in the pool. Bottom line is that if someone were to do that, the pool allowed it, and something happened to the child; the pool would get sued. They're protecting themselves and have the right to.
photo
HUFFPOST SUPER USER
hoodoomon80
you're unique , just like everyone else
02:18 PM on 07/28/2012
Sue their A$$e$....what the He!! is going on with this world anymore?? Just too full of compassion HUH?? Kick a handicapped child out of a pool for wearing something to help keep him afloat???WOW..I've heard it all now. Know where I can find a time machine???
This user has chosen to opt out of the Badges program
03:56 PM on 07/28/2012
sueing is what has caused this in the first place, everybody and their third cousin feels that someone owes them a living and are ready to sue for it.
photo
HUFFPOST SUPER USER
hoodoomon80
you're unique , just like everyone else
06:56 PM on 07/28/2012
maybe you didn't read the story....or maybe you can't read...either way I doubt you have children....esp. one with special needs...if you did we wouldn't be having this conversation
photo
wtfyoutalkingabout
If you want to be happy, be.
05:09 AM on 07/29/2012
If the pool made the exception and something happened to the child, the parent could sue the pool. They required specialized floatation devices, and the floaties, obviously, didn't meet the requirements. The pool is protecting themselves and the child as they should.