Unintended designation

BGM

Early in the play declarer's LHO leads a small D through dummy's KJxx.
Declarer calls for the K and then (before RHO plays) calls for the J instead. The defence allow this without comment. Declarer then explains that they are visually impaired and initially thought dummy's holding was KQxx. Director not called.
I believe this is fine under law 45C4b, but I'm sure I've seen some other guidance somewhere that supports my belief. Possibly general guidance about making reasonable adjustments for disabilities in accordance with the Equality Act.
I haven't found anything else yet either in the laws or the white book. Can anyone help?

Robin_BarkerTD

White Book 2.1 'Accommodating Disabled Players' applies. The provisions in the White Book usually apply to making changes to the way the game is played (in advance) to overcome players' limitations in being able to play the game. This would include dummy naming the cards in their hand as it faced, and someone naming cards as they are played by defenders.

But once dummy declarer chooses to play from dummy by naming a card, changing to another card is a change of mind, not an inadvertent designation.

Corrected dummy/declarer, 2024-10-19 10:30

BGM

Thanks, Robin. I thought there was some sort of catchall, and maybe 2.1.2.3 covers this scenario, giving the DIC discretion.
If not, then I would argue that WB 2.1 does not adequately ensure reasonable adjustments under the Equality Act. It does seem rather unfair that if declarer, mistakenly believing dummy has KQxx, is penalised if they call for the K, but not if they call for the Q that dummy doesn't actually have.

UsuallyDummy

@Robin_BarkerTD said:
But once dummy chooses to play from dummy by naming a card, changing to another card is a change of mind, not an inadvertent designation.

That was presumably meant to be "But once declarer chooses to play from dummy..." - a slip of the finger from Robin there! (Dummy's actions are of course largely irrelevant.)

Law 45C4b says "A change of designation may be allowed after a slip of the tongue, but not after a loss of concentration or a reconsideration of action". Declarer did not intend to play the Jack, they intended to play top of touching honours. Declarer could make their own adjustment in future by calling for bottom of apparently touching honours or asking dummy to confirm which honours are present.

Robin_BarkerTD

@BGM said:
If not, then I would argue that WB 2.1 does not adequately ensure reasonable adjustments under the Equality Act.

Is there any evidence that the DIC made adjustments in advance to change the playing conditions? Is there any evidence the player requested adjustments.

BGM

> @UsuallyDummy said:
> Declarer could make their own adjustment in future by calling for bottom of apparently touching honours or asking dummy to confirm which honours are present.

Declarer could indeed always call for the bottom honour, but should not be penalised if they don't. That would be discriminatory, as a sighted player is under no such requirement and is therefore free to choose either honour. I, for example, sometimes vary which of touching honours I choose for tactical reasons.
Declarer does ask which honours are present when in doubt, but was not in doubt here until after the K was played.

> @Robin_BarkerTD said:
> Is there any evidence that the DIC made adjustments in advance to change the playing conditions? Is there any evidence the player requested adjustments.

I'm not sure how these questions are relevant. While it is clearly helpful and/or useful to ask for adjustments in advance, anything that can reasonably done without notice should be done under the Act. I don't see how advance notice helps with the scenario in question, unless there is cause to doubt declarer's honesty (which there is not).

Further, there is (correctly IMO) no requirement in the WB to notify requirements in advance. Players are "requested to notify their needs in advance..." (WB 2.1.2.2). This is sensible because while some adjustments might be difficult or unreasonable without advance notice, some (such as pre-sorted cards) are not.