Sport: Chariots of Litigation

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For some, the road to Los Angeles runs through the courts

Instead of a stop watch, it takes a law degree to keep up with would-be Olympians these days. Last week in Los Angeles, two federal judges addressed cases brought by athletes who claimed that they were not being allowed to compete in their specialties because of discrimination both sexual and professional. In each case the court declined to second-guess the various athletic regulatory bodies that establish and, ever so slowly, change the rules. But the two suits have raised fears among Olympic officials that even before the Games begin, never will a host country's courts have been asked to settle so many Olympic problems.

For now, the questions raised have revolved around eligibility, broadly defined: Who can enter what events? In the biggest case, 82 women runners from 21 countries, including U.S. World Record-Holder Mary Decker, were trying to have 5,000-meter and 10,000-meter races for women added to this year's schedule. Represented by the American Civil Liberties Union, they argued that the International Olympic Committee "operates with a 19th century view of the place of women." Indeed, as late as 1952 there was an unsuccessful I.O.C. proposal to eliminate women's track and field completely. Although three women's track-and-field events have been added for Los Angeles, including a marathon, the total is 17, just over two-thirds of the men's slate. Said A.C.L.U. Attorney Susan McGreivy: "The lack of parity is just outrageous."

Federal Judge David Kenyon acknowledged the frustration for a woman athlete "who, had she been a man, could compete in one or both of these events." But he did not think there was enough evidence that state and federal antidiscrimination laws had been violated. The women plan an immediate appeal, to the consternation of Los Angeles Olympic Organizing Committee President Peter Ueberroth, who supports the cause but not the tactics. Contending that the races can be added as late as the first week of July and are more likely to be installed via less confrontational channels, he said, "You shouldn't throw something that's working into the hands of the courts." The women, who have been negotiating with authorities for seven years, see time running out.