I was wrong: if he chooses to not wear the glasses, he can still compete in the Physically Challenged division--just the "Open" division, rather than the "National Championship" division. Here are the rules. Still think it's worthy of a lawsuit?

http://www.nyctri.com/...al_Championships.htm

Race Waves: There are two Paratriathlon race waves.

• "Accenture Paratriathlon National Championship": You must have a verified, official sub-2 hour Sprint or sub-4 hour Olympic distance finish between July 19, 2010 and June 1, 2011 to enter. The race will be an Olympic 1k/40k/10k distance event. All USAT rules will be enforced. Medical classification is required for all entrants. All participants are eligible for USA Paratriathlon National Championship awards and ITU World Championship qualification. ITU Worlds qualifying standards will be announced February 1, 2011.
• "Accenture PC Open": All USA Paratriathlon rules enforced. No qualifying time required. No medical classification required. Eligible for awards in two categories only – wheelchair and standing. Results are ranked by finishing time. Wave starts separate from Paratriathlon National Championship wave.

Note: Visually impaired athletes who do not wear the ‘blackout glasses’ may compete in the PC Open. Visually impaired athletes in the National Championship wave who do not wear blackout glasses will be disqualified and are not eligible for awards.