
Women ski jumpers sat in stunned silence, blinking back tears, as the B.C. Court of Appeal dashed their dreams of jumping in the 2010 Winter Olympics with a curt rejection of their last-ditch bid to take part.
"The appeal is dismissed," was all Judge Anne Rowles said late Friday after two days of legal argument on the women's complaint that their exclusion violated the Canadian Charter of Rights and Freedoms. The veteran judge promised written reasons next week.
With the Games just three months away, her four words effectively ended a three-year battle by the international group of women ski jumpers to overturn the International Olympic Committee's decision to exclude them from the 2010 Games.
Ski jumping is the only Winter Olympic sport restricted to men.
Outside the courthouse, world champion Lindsey Van of the United States wept openly as she talked to reporters about the court ruling.
"It's my life. My future," she explained, her voice heaving with emotion. "We had a pretty good argument. I thought it would go the other way. ... From here, our sport is stagnant. It doesn't go anywhere."
Bitterly, she noted that an earlier court decision had found that, while the women were discriminated against, in breach of the Charter, Olympic events are determined by the IOC, which is beyond the Charter's reach.
"The Canadian court system is a little bit weak if it can't stand up to the IOC and apply Canadian law," Ms. Van said. "It seems the IOC can come in here and do whatever it wants.
"I mean, it's 2009 and the Canadian courts can't even uphold their own laws about discrimination and equality. From my point of view, it's pathetic and a little bit sad."
Calgary ski jumper Charlotte Mitchell, 15, who also had tears in her eyes, vowed the battle isn't over.
"My tears are from disappointment. But we still have faith and we're not giving up. We've got to keep fighting for it."
But Ross Clark, the women's lawyer, admitted that it was getting "very late" for the women to be included in the Olympics. "Our only option, legally, is to try and get an appeal to the Supreme Court of Canada, and there are some hurdles to overcome for that."
"I am personally disappointed by the decision, but that's life."
The determined quest by the women ski jumpers to take on the IOC had attracted widespread attention and sympathy.
The IOC argued the women did not meet Olympic criteria to be part of the Games, an assertion hotly challenged by the ski jumpers.
The battle was both a headache and a big expense for VANOC, the local Olympic organizing committee, against whom the women's lawsuit was brought.
VANOC president John Furlong said the organization has spent well over $100,000 on the case.
After the court decision, Mr. Furlong expressed sympathy for the young women ski jumpers.
"It's an unhappy day for these girls. It's not fun watching it. But for us, this is a chance to move on and focus our attention on preparing for the Olympics."
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