A court has turned down a request by the National Commission for Persons with Disability (KNPD) for the Enclosure at the National Stadium to be adequately restructured to cater for wheelchair-bound sports enthusiasts.
In a civil suit, instituted by against the Malta Football Association, the commission argued it had sought to reach an amicable solution, over the issue of accessibility to the West Stand through a meeting with the association, claiming that the situation amounted to illegal and abusive behaviour in respect of persons with a disability.
But although a solution was partly found, the association continued to drag its feet, prompting the filing of the case by the Commission.
During the pendency of the proceedings, the MFA effected various alterations to the West Stand, making toilets wheelchair accessible, designing a special platform for wheelchair-bound spectators and granting the latter access into the stadium through the parking area.
The court observed that the East Stand, better known as the Millennium Stand, was fully accessible to wheelchair-bound stadium-goers.
The court, presided over by Madam Justice Anna Felice, noted that according to an architect’s report, the works requested by the KNPD would necessitate the demolition and rebuilding of certain sections of the stadium to allow for the installation of lifts. A valuation of the said works totalled some €250,000.
After personally conducting an on-site inspection and on the basis of all the evidence produced, the judge observed that the measures taken by the MFA had greatly improved the accessibility of the Enclosure to the disabled.
The vast structural works and relative costs demanded by the KNPD were deemed to be unreasonable by the court.
The fact that the Enclosure had been certified as less favourable for the disabled by a court expert, did not amount to discrimination, the Judge observed, commenting further that “not every inconvenience amounts to discrimination”.
Bearing in mind that since the start of the proceedings a reasonable alternative had been provided and several alterations had been effected to favour disabled spectators, the court concluded that the KNPD’s request was unreasonable.