Prep hoopster suing school

Now he's filed a lawsuit in federal court, claiming to be a recovering alcoholic and arguing that his suburban high school's disciplinary action amounts to discrimination under the Americans with Disabilities Act.

''I think I deserve a second chance,'' the 17-year-old high school senior said Thursday. ''Most people who are alcoholics think no one will help them, and I'm getting that feeling.''

Legal experts say Higgins is testing a murky area of the law, which courts continue to decipher almost a decade after it was passed. Bennett Rodick, the attorney for Warren Township High School, said the lawsuit is ''clearly an attempt to broaden the ADA.''

''The ADA cannot be used as a shield against the consequences of illegal conduct,'' he said. ''I think the school has a right to expect of its athletes or anyone involved in extracurricular activities that they don't engage in illegal conduct.''

Higgins, a 5-foot-11 guard, missed much of last season with a back injury but returned to compile the team's second-highest scoring average. With his help, the school, located about 30 miles north of Chicago, had its best finish ever in the state basketball tournament last March.

Higgins was cited in April when he was the passenger in a car that contained open alcohol, and was convicted of driving under the influence of alcohol after he ran into a tree in May.

School officials ruled in June that Higgins violated the school's athletic code, which says any student-athlete involved in two alcohol-related cases loses a year of eligibility. The school released a statement saying it ''has not discriminated against any student on the basis of disability,'' but refused further comment.

Higgins' alcoholism was diagnosed by the teen's personal physician and also a psychologist and social worker he has been working with, according to his attorney, Steven Glink. Higgins' father and grandfather also are alcoholics, Glink said.

''This kid could not control his use of alcohol (and) because he could not control it, it's a disability and he should not be punished for it,'' Glink said.

The lawsuit, filed in U.S. District Court in Chicago, seeks Higgins' reinstatement to the team and $100,000 in compensatory damages.

Higgins said he has received recruiting letters from colleges and hoped to impress some bigger schools this season. He said his family was disappointed with the district's decision because he reported the cases to the school, then took steps to correct his problem.

''It's always been a dream of mine to play college ball,'' he said. ''This will definitely hurt that. I just want to get out there and play.''

Curt Decker, executive director of the National Association of Protection and Advocacy Systems, a group that provides legal advocacy services to people with disabilities, said the 1990 law covers recovering alcoholics and drug abusers but not current users.

''I don't think he can claim he was discriminated against based on those incidents,'' said Decker, acknowledging he had not seen the lawsuit. ''My guess is we would never touch a case like this.''

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