Please opine …
In my area (DC/VA/MD), we have a physically disabled player who plays regularly. He cannot take chess notation (he cannot use a Mon Roi or similar device) and he needs help moving the pieces, usually by his opponents. Then when in time trouble TDs have someone step in to assist him in moving so that his opponents are not over-burdened. The TDs in the area usually compensate his opponenets by either taking 5-10 minutes off his alloted time, depending on the time control, and/or by disallowing the draw claims that require a scoresheet (3-fold repetition, 50-move, etc.). While there may be initial questions, in two-three years of constant tournament/club play, there have never been sustained objections from any of his opponents. He plays at local clubs, local tournaments, large state tournaments and the few CCA events that are staged in the area.
We also have a team-chess league in the area for the A/X/Master level players, in which he has recently begun to play. 4-6 players per team playing at a 30/90, SD/60, d5 time control. Over the years, there has developed a focus by many captains in the league on a strict adherance to any USCF or league rules, to the point where they are constantly looking for any advantage to bring to bear on their matches (probably the same in every other chess league).
I played in one of the league matches that night and I am not the TD for the league but my club is typically home to some/most of the games/matches every round. Disputes and rulings are handled between the two captains and the league board can be appealed to, after the fact.
THE ISSUE/CLAIM: One of the opposing captains recently declared at the beginning of a match including this disabled player, that since the disabled player did not take notation and did not have a scoresheet, he could not claim the time forfeiture in the first time control. We weren’t sure he was serious at first (a lot was going on) and games started.
The claimant actually was on move 23 and had used 110 plus minutes of his time when counter objections started flying. While the issue was being debated, the two players agreed to a draw in a position of equal material. But the debate over a correct ruling rages.
The claimant declared that since he could not lose on time in the first period, he could go over the time control limit with impunity. However, allowing that to stand means he could take 100/110/120/130 minutes or more without hitting the 30 move limitation. This left us at a loss for what to do.
Some originally sided with the opponent. Most were outraged at this treatment of the disabled player. We are so far at a loss as to how to remedy the situation.
RELEVANT RULES: 15.A. and 15.A.1.a specifically state that disabled players do not have to take notation but then cannot make any claims based on the non-existant scoresheet. As I said before, me and other TDs in the area traditionally assumed this only applied to draw claims (3-position repetition, 50-moves, etc.). But as the opponent correctly pointed out, it also applies to a forfeiture claim in any but the last time control period (13.C.a.) - he is correct on that rule but he is the first to claim it in the 2-3 years since this disabled player became active in the area.
The other disabled-specific rules in section 35 should have bearing but so far we have not come to any agreement on a solution (what I think are relevant sections are paraphrased below):
35.A. - there are many types and severity of disabilties and TDs are given wide discretion to institute special rules
35.B. - disabled players get special consideration in meeting rules ( and no player can refuse to play the disabled player)
35.D. - most of section 35 is written for the blind and should be applied analagously to other disabled players
35.F.5. - special chess clocks are permitted for the blind/disabled
35.F.6. - disabled players can use a tape recorder (to speak into), or other specially-designed device to keep score
QUESTION: What should the ruling be regarding this claim that the disabled player’s opponent cannot lose on time in the first time control? None of the clear options seem to be fair for the disabled player:
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Letting it stand and allowing the opponent to have an inordinant amount of time to play his moves is patently unfair to the disabled player (and even the other members of his team) on the grounds that the opponent has so much more time at his disposal to work out his first 30 moves.
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requiring the disabled player to have someone take notation for him, seems perfectly reasonable to his opponents but is not practicable for any disabled player wanting to play more than once in awhile - there is simply no one willing to devote their time to sit there for weekly/monthly events and the disabled player can’t afford to pay someone to do it. Such a ruling is an effective barrier to play for the disabled and is not in the spirit of either good sportsmanship, the ADA (the federal disability laws) or the rules (part of 35.A. states that the purpose of section 35 is to encourage more disabled player participation).
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someone suggested letting him tape his moves (35.F.6.) - but with all the talking required and given his inability to speak lowly or whisper, this is not a solution.
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someone suggested letting him use one of the DGT electric boards - but this is also technically prohibitive for most venues and cost prohibitive for him.
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one option that I think has merit, is to let the disabled player use a clock with a move counter - granted this flies in the face of 13.C.a. that move counters are not the sole evidence of a forfeit - but this is about reasonably accomodating the disabled player - and the opponent’s scoresheet can be used for corroboration.
5a) that option was discussed and someone wanted to know what happens if during a game using the the move counter if/when the counter is hit too many times thereby throwing off the counter, whether accidently or intentiaonally, what happens then - we thought the opponent’s scoresheet could be used to verify the move.
So, are we missing some obvious point/rule/reasoning? Are they any other suggestions?