Connecting You to Your Community
Lodi, California •

Indexes

November 19th, 2009
November 18th, 2009
November 17th, 2009
November 16th, 2009
November 14th, 2009
November 13th, 2009
November 12th, 2009
ADVERTISEMENT

Tokay High Grape Bowl graduation not certain

By Maggie Creamer
News-Sentinel Staff Writer
Friday, April 17, 2009 6:17 AM PDT

If Lodi Unified can’t reach an agreement with a Tokay High School student, the annual tradition of having graduation at the Grape Bowl could end.

Senior Jeremy Hixon has asked the district to install a walkway so that he can push his own wheelchair at the graduation ceremony.

Hixon has threatened to file a lawsuit against the district if it does not provide an accessible pathway to get to the center of the field. While his only request is a walkway, if he files a suit, it will include the other parts of the Grape Bowl, like the restrooms, that do not comply with the Americans with Disabilities Act.

If the district cannot make accommodations that meet the needs of Hixon, the city might not allow the Tokay graduation to happen at the Grape Bowl, said city spokesman Jeff Hood. “We’ll do everything to not get sued, and that may mean locking the gates,” Hood said.

Hixon said in an interview earlier this week that the school district’s offer to mow the grass, fill-in any holes and not water for a few days before the May 29 graduation is not acceptable.

Hixon has osteogenesis imperfecta, a disease that makes his bones brittle, and had surgery on his spine Wednesday. He is worried he will be in a weakened state for graduation, which he said will add to the difficulty of pushing his wheelchair across an uneven field.

On Wednesday, the Lodi City Council approved spending another $150,000 to make the stadium ADA compliant, which have a total cost of $816,000. The work includes new restrooms, ramps, access and access seating.

Parks and Recreation Interim Director Jim Rodems said the city is willing to work with the district on a plan to make the field accessible.

Hixon had suggested using a Mobi-Mat as a walkway because it lies flat on the ground and would not be a tripping hazard, which was one of the concerns of the district.

For a 55-feet wide mat that is 82-feet long, it would be about $4,000, said Cathy Tawer of Hillview Farms in Minnesota. Hillview sells the mats for graduations, weddings and other outdoor activities to create smooth surfaces.

LUSD Assistant Superintendent of Facilities and Planning Art Hand and Superintendent Cathy Nichols-Washer did not return phone calls seeking comment.

Contact reporter Maggie Creamer at maggiec@lodinews.com or read her blog City Buzz.

Reader Feedback

Kryztak wrote on Apr 25, 2009 9:37 PM:

" oh & if we don't do it at the Grape Bowl, we're gonna do it at the school, on the track, and the seniors will be in the middle, of a what, that's right a FIELD. what's the difference? "

Kryztak wrote on Apr 25, 2009 9:33 PM:

" This kid makes me sick. His first complaint of the year was that the new gravel made it impossible for him to get to our table in the morning, and with all his bullshitting and complaining, they started building a pathway with bricks, he gets through the gravel just fine. Yeah, I feel sorry that he has brittle bone disease and all, but that doesn't give him the right to complain and make them change everything to give him what he wants. The city can't afford it, and they shouldn't have to. "

OkieDokie wrote on Apr 23, 2009 10:23 PM:

" This year, the fireworks after graduation will be in BLACK & WHITE, because some students may be COLOR BLIND!! "

ktbubbles wrote on Apr 22, 2009 12:19 PM:

" TO thowitdown: This young man is by no means a jerk nor does he have a bad attitude Did you happen to read the comment that HIS TEACHER WROTE Do you know him? How do you know that this was the best surgery date he could get!!!! What is the matter with you!! This was also brought to the LUSD in August of 08. So in 10 months this didnt get taken care of so for the LUSD to wait until 2weeks before graduation is the LUSD droping the ball again. Not his, why not stand up for him when it could bennifit oh lets say your grandchildren.
Good Luck Jeremy way to stand up for your rights and the rights of others.
God Bless & Good luck "

ktbubbles wrote on Apr 22, 2009 12:09 PM:

" I am ashamed of this community I am ashamed of the comments written about him writing a book about how all of his classmates will hate him,for crying outloud whats the matter with you people. How about some compasion!!!
This young man has over come so many obstcales. What have any of you done!! And speaking to the person who said how the LUSD has accomedated him. Dont you all think that we the ones who made this law should fight not only for Jeremy but the thousands of kids to follow him, and speacking of his surgery sometimes you dont have a choice when the surgery is I have first hand experience with this as my own son has surgery on June 3rd we were lucky because they wanted to do the surgery in May & he would have missed one of the biggest events in his life. We were blessed able to get a differnt date so he will be able to particpate.
So to all you out there saying these terriable things about him SHAME ON YOU
You have know idea what these young people have been through! "

Lodian wrote on Apr 21, 2009 10:24 AM:

" sam: What a cool chair! This would allow so much more mobility for those in a wheelchair. I wonder how easy it is to manage. Thanks for the link. My family member may soon need something like this chair. "

Gator wrote on Apr 19, 2009 3:01 PM:

" Sam, nice Chair, as I understand it his chair is electric and he want’s to wheel himselunder his own power!! Well here is his chance http://www.allegromedical.com/wheelchairs-c540/tremor-all-terrain-wheelchair-by-colours-p189182.html. If he is honest about his
Wishes and just not making a mountain out of a mole hill this is it…. "

sam wrote on Apr 19, 2009 1:15 PM:

" Gator, check this one out. It even climbs stairs. I want one.

http://www.thechallenger4x4.com/ "

Gator wrote on Apr 19, 2009 7:38 AM:

" I came across this just looking to see what is available in Self propelled all terrain wheel chairs…Tremor misc. Sport Wheel chair!! Standard with “Fatso Tires” and front casters
includes quick release rear axles and fixed front axles…24 standard colors and 6 custom
Colors… In the colours Tremor all terrain wheel chair not only can you push yourself easily
Down to the ocean, lake or river but you will be able to move independently freely through
Any type of sand, mud, snow or off road surface…I’m sure some dealer just might donate
the use of the chair for graduation, the publicity would be invaluable. Or the young man
Could buy it it’s cheaper than legal action and cheaper than the mat…if this is long term
He would never be restricted Just to cement!! "

Gator wrote on Apr 19, 2009 7:08 AM:

" Citizen and Lodi Safeway you have it nailed, spot on. "

citizen wrote on Apr 18, 2009 10:11 AM:

" Wow kit is this kid the first person in a wheelchair to ever graduate in lodi? I dont think so. We have never heard this whining before, so please stop. Every time a lawsuit is threatened it makes this boy more and more disliked. I would wonder what his fellow students would think of him if they are not allowed to graduate at the grape bowl because of his complaining and threats? "

lodisafeway wrote on Apr 18, 2009 6:25 AM:

" kits419 - In a recent article titled, "District and Hixson family hope to reach agreement on graduation," it states, in pertinent part, "He [Hixon] has threatened a lawsuit that would also include the other areas of the Grape Bowl that don't comply with the Americans with Disabilities Act, including the restrooms."

Which is more significant, kits419, the consulting with an attorney or the threat of a suit? I submit they're synonymous.

As for your point no. 7 - rather than separate from the rest of his class, I suggest that his classmate friends (or family) assist him over the field in either his electric chair or a manual one. He'll be able to enjoy the processional with everyone else; he won't be sitting by himself waiting for the balance of his class to make their way to their seats; and the City avoids a lawsuit and the purchase of a $4,000.00 mat that would be used but once.

The rest of your post appears to be an attempt to engender sympathy for this young man; and is that what he wants, for Lodi to feel sorry for him? I hope that's not the case. "

kits419 wrote on Apr 18, 2009 5:14 AM:

" 1.Jeremy has not even consulted a lawyer! It's not about money! He wants to graduate with his class the same way he went to school with them.
2.Jeremy choose to have surgery after prom and before graduation, to not miss either or 1/2 his summer before starting AT UOP this fall!!
3.An extra set of books for home is the only accommodation asked for in 10 years!
4.Homecoming? RU Kidding? He doesn't attend homecoming...never has..he can't..its not accessible!
5.He 1st mentioned it to the school in August then 2 more times. Got NOTHING besides extra dirt to fill the holes 2 days before graduation or to get dropped off at his seat in the middle of the field. The City hasn't offered ANY accommodations!
6.They forgot to mention he might have trouble even getting into the park and there is no safe exit way, or even an available restroom. RU serious??
7.He could, separate from the rest of his class, sit in the middle field, by himself, while the other students gather in the parking lot & walk onto the field together and then AGAIN as they all excitedly exit together. That is NOT really participating is it?! "

citizen wrote on Apr 17, 2009 10:20 PM:

" If this kids intention was to make almost everyone in lodi hate him he is doing a great job. Why cant someone just push him in a wheelchair? People like this are ruining this country. "

lodisafeway wrote on Apr 17, 2009 8:59 PM:

" Blossom - there are many kids who will be at that graduation who rose above adverse circumstances; most of those conditions cannot be outwardly observed. What you describe as "accommodation" many view as extortion. The sole sticking point is that Hixon wants to get from the east side of the field to the center under his own "power." Now, since we've learned (although not sufficiently verified) that his own wheelchair is electric, that power is not really his own. Why then, couldn't the power be transferred from batteries to a family or friend who I believe could be found to help him propel and guide his chair to his rightful place among his classmates.

All of these kids deserve to receive their diplomas in the Grape Bowl; graduating in that venue is a long-held tradition. Do most of us sympathize with his plight? Absolutely. But this has gotten way out of control. The solution is simple.

Where Mr. Hixon has blown it is his threat (again unverified from what I can tell) that he would file a complaint regarding all non-ADA compliant areas of the stadium; not just where he wants to travel. "

dogs4you wrote on Apr 17, 2009 7:15 PM:

" If the conditions Hixon demands are not met, that evidently means he along with all the graduates will be locked out of the "Bowl" also. When he leaves school he can write a book on how to win friends and influence people. So whats a young man confined to a wheel chair do for a living, go around suing people that can`t live up to his demands. Any and all public buildings along with resturants had better be wheel chair friendly, if not and you see him coming, hang a "Gone Fishing" sign on the door, better to loose a days pay than be sued. What a looser in more ways than one. "

throwitdown23 wrote on Apr 17, 2009 3:39 PM:

" HM why did he have to have surgery before graduation? why couldnt he wait? why didnt he complain about it during homecoming? why did he wait two weeks before graduation? this kid is known to have a bad attitude and a complete jerk so i dont know why he is acting like this and all the sympathy.. ill carry him if he needs it.. its not fair to us graduates "

blossom wrote on Apr 17, 2009 3:23 PM:

" I understand what you are saying, However if I were his mother I would have already reserved a wheelchair for my son so it was ready to go for graduation night.
Granted I don't know hi health history but, I have never seen a student jump up from their graduation ceremony to use the restroom.
This is a fate worse than death for a teenager!
They always tell the students when they are lining up "USE THE RESTROOM". "

Neo wrote on Apr 17, 2009 3:04 PM:

" I think everybody in town feels for the kid, but he will still be disabled long after this little 1-2 hour ceremony is over. Sitting in the front row, as opposed to having free reign over the entire field is not that much of a sacrifice. I`d be more concerned about if he has to use the restroom. "

collegegirl wrote on Apr 17, 2009 2:40 PM:

" Will the new gym at Lodi High be large enough for Tokay High graduation? "

Contrapasso wrote on Apr 17, 2009 2:21 PM:

" Jeremy has an electric wheelchair, but the ground at the grapebowl is uneven and it would be very difficult to navigate even in a 4 wheel drive wheelchair. His chair has batteries, but I don't think it just "goes" like a golf cart because I always see him wheeling. I think it's an assistance type chair...not a full power chair. "

sam wrote on Apr 17, 2009 2:13 PM:

" Since this is a front page story, wouldn't be GREAT if one of the hospital supply stores DONATED an electric wheelchair to this young man for the event.

Imagine the free publicity. "

blossom wrote on Apr 17, 2009 1:58 PM:

" Thanx Warren, I too get soooo disgusted with the waste and abuse~
They make such a HUGE mess of everything someone just make a decision!
That is why you are making the "big bucks" isn't it? "

warrenb1973 wrote on Apr 17, 2009 1:35 PM:

" BLOSSOM... YOU HAVE THE BEST SOLUTION TO THE PROBLEM!!!!! THE ONLY PROBLEM IS THAT WOULD BE WAY TO EASY CAUSE HERE IN LODI THEY JUST LOVE TO WASTE TAX PAYERS MONEY.... CANT WAIT TO SEE HOW THEY RESOLVE THIS ONE "

blossom wrote on Apr 17, 2009 12:40 PM:

" I really feel for kids that are diabled.
I am fortunate to have 3 grown healthy children.
I see the kids do P.E. in their wheelchairs.
I thought of the times I complained, that MY kids had ruined ,Levis or a pair of expensive shoes.
Let me tell you THAT WAS AN EYEOPENER for me.
I told myself"what nerve I have complaining that they ruined clothes, do I have any idea what the parents of these children would give IF they're child could just trash a new pair of pants or shoes?
I NEVER COMPLAINED AGAIN! I said "Thanks God they CAN ruin them"!
I feel thins young man deserves to be accomodated and Get the diploma he EARNED with tougher circumstances than most. "

Contrapasso wrote on Apr 17, 2009 12:21 PM:

" I had the pleasure of having Jeremy as a student. I have rarely encountered a young person with such a positive attitude. He is a wonderful young man and is entitled to graduate with his class. Jeremy never asked for any special accomodations in my class. He is not a kid who is after money. He is a kid who is not afraid to stand up for himself. But hey...maybe the district should take responsibility and spend money wisely to accomodate this outstanding young man. That would be a refreshing change....spending money wisely, I mean. "

Oh Bull wrote on Apr 17, 2009 11:22 AM:

" Unbelievable! Did his parents sign the letter also? Hum I bet when he turns 18 money quits coming to them(parents).He(they) must be trying get the good ol bank account a little largeer before he graduates. What the heck lets go ahead and make LUSD pay for more as if they aren't broke already.wnder what he will find to sue for after hes out of school. Watch out colleges! "

Neo wrote on Apr 17, 2009 11:15 AM:

" Anybody want to venture a guess as to how much the LUSD has spent accommodating this kid in the 12 years he`s been in enrolled? He`s obvious used to having administration bend over backwards for him. A little appreciation for the tens-of-thousands of taxpayer dollars already spent on his behalf I think, is in order. Not a lawsuit. "

sam wrote on Apr 17, 2009 10:57 AM:

" Blossom, great idea. You have solved the problem ! "

Maggiecreamer wrote on Apr 17, 2009 10:48 AM:

" I posted a copy of the letter Jeremy Hixson sent the school district on my blog: http://www.lodinews.com/blogs/citybuzz.

Feel free to go take a look.

Thanks,
Maggie "

barelykim wrote on Apr 17, 2009 10:36 AM:

" The ADA - also know as the "Attorney's Dream Act". "

Observer wrote on Apr 17, 2009 10:24 AM:

" blossom, you make way too much sense. This will have to be sent to a committee, reviewed by the school board, planning commission and city council and ultimately a decision will be made after the fact. This is one of the problems with government....no one can make an on the spot decision like you can in the private sector. "

blossom wrote on Apr 17, 2009 9:51 AM:

" I have an easy solution, why not rent him an electric wheelchair for him to use during the ceremony?
That would probably be easier for this young man also.
They have to have one with fairly large wheels and a little power.
That would be the easiest solution and also would not disrupt Graduation for all the rest of the students~ "

sam wrote on Apr 17, 2009 9:20 AM:

" LodiSafeway, I agree with you and I do not think you are being cold at all. There have been other students who have graduated at the Grape Bowl while confined to wheel chairs.

I find Hixon to be a bit selfish not wanting to work with the city. He certainly does not seem to care about ruining the graduation of his classmates.

Heck, let him ride in a chauffeured golf cart. "

MomofTwo wrote on Apr 17, 2009 9:13 AM:

" There have been other students in wheelchairs participate in their graduation ceremonies with out any issues. Not so sure why this student has to make everything a big deal.

LUSD and the City are currently working at a renovation of the Grape bowl but opted out of starting construction before the Graduation Ceremonies so the place would not be in such disarray.

lodisafeway: I have to agree with you, "He seems to want it to go forward on his own terms, or not at all. " "

gray cloud wrote on Apr 17, 2009 9:00 AM:

" Jenn H: I based my comments on the facts that the district has made many offers and all have been rebuffed. This is standard preparation and setting for a wheelchair chasing lawyer, intentional or not.

--Asst Chief Gray Cloud "

lodisafeway wrote on Apr 17, 2009 8:44 AM:

" Couldn't they just rent the mat, considering that the City Council has already approved an enormous amount of money to bring the venue into ADA compliance?

It seems to me that this student wants to be able to push his own wheelchair; not to be assisted by anyone in getting to the center of the field. But it also states that as a result of his recent surgery, this is the reason why he might have trouble. Had he not just had surgery would he have been able to propel himself on his own? Was this a foreseeable problem? When was the threat of a suit received by the City?

I don't know the answers to these questions, but it seems to me that the entire Tokay graduating class of 2009 should not be expected to suffer because of one student's desires. I'm not being cold here; but if Hixon was completely unable to reach the goal, I could see the problem. But it isn't as if he is going to be prohibited from participating in the commencement exercises. He seems to want it to go forward on his own terms, or not at all. "

rockyk70 wrote on Apr 17, 2009 8:12 AM:

" How hard could it be to make some kind of wooden pathway for this young man? I'm sure Lowes or Orchard would donate the materials and parents would probably volunteer their time (myself included) to get this handled. This is not a big to do....just get it done. "

Jenn H wrote on Apr 17, 2009 7:42 AM:

" gray cloud: Unlike the Calif. Fair Employment and Housing Act, the ADA provides for attorneys' fees, but not cash awards to the party who has been denied access. A $4,000 investment in a mat does not sound unreasonable, given that it could be used for a variety of events in years to come. However, I am not sure that the ADA would require that Hixon be able to "push his own wheelchair." The law may only require that he be allowed to access the field and, under a reasonableness standard, that may be with some kind of appropriate assistance. "

gray cloud wrote on Apr 17, 2009 7:29 AM:

" I do not know this student or the case, but this is standard practice for ADA lawyers to extract a cash settlement for the "aggreived party" from the "damaging party". "

mk2roccoboy wrote on Apr 17, 2009 7:23 AM:

" For crying out loud, just help the kid out. There is no reason why the LUSD can't accomidate him in some way that makes both happy. "

RUFKM wrote on Apr 17, 2009 7:17 AM:

" Are there restrooms where the boys get changed/rest at halftime?

Couldn't he use those restrooms, thats where kids usually hang out before they take their seats.

They do need to provide a mat, that is not unreasonable. THey should have had the fieldturf already installed and this would of never been an issue. "

Comments on this story are now closed.



Leaf Pickup