THE future of one of York's top sporting events is no longer in jeopardy after a judge ruled that its organisers do not have to pay damages to a disabled man for excluding him from the race on safety grounds.

Two officers from the city's Knavesmire Harriers running club were in court yesterday to defend claims brought by wheelchair-user Douglas Paulley under the Disability Discrimination Act.

Mr Paulley, 27, said the running club breached his rights by not allowing him to enter this year's Brass Monkey - the famous half-marathon, which sets off from Knavesmire every January.

Roads are not closed for the event, but it is marshalled by club members.

Leeds County Court heard how Mr Paulley, who suffers from autonomic dysfunction which affects his nervous system, had taken part in the 2004 race on his wheelchair.

When he went to register for the following year, he came across a notice on the club's website saying the event was not open to wheelchair athletes - which he claimed was unjustified.

"Being an experienced wheelchair user, I did not have any serious concerns for my health and safety over and above what other runners would experience," he said, adding later: "I believe very strongly in the rights of disabled people."

But race co-ordinator Patricia Hawkins said a risk assessment had shown the course was unsafe for wheelchairs.

She said police had "major concerns" that traffic passing by runners would be unsafe for wheelchairs because they would not be able to get out of the way.

Mr Paulley, from Wetherby, suggested the club could allow for this either by closing the roads, arranging separate start times, or providing escorts.

But club chairman Neil Holdsworth said closing roads would be far too expensive for the club's limited funds, and operating different start times for wheelchairs would not solve the problem because runners could still catch up with them.

Club member Dorothy Holden, who followed Mr Paulley in a car during the 2004 race, said the course had some blind sections and sharp bends where cars coming in the opposite direction were sometimes in the middle of the road.

She said: "I just think there are too many hazards to allow a wheelchair. I think you're (Mr Paulley) capable of doing the whole event by yourself, but I don't think it's safe to do the whole event by yourself."

Outside court, club member Michael Cross said the judge's decision meant next year's Brass Monkey was no longer in jeopardy.

Mr Paulley said afterwards. "Obviously I'm slightly disappointed. It's just a shame it got to this stage. I never wanted to punish them."

Updated: 09:22 Saturday, December 10, 2005