Access to Child Care Programs - Title II or Title III of the ADA
United States v. Northern Illinois Special Recreation Association (NISRA) (filed Sept. 24, 2012 N.D. Ill)
Action filed by the Justice Department against NISRA under the ADA challenging its failure to administer a potentially life-saving emergency antiseizure medication, diazepam rectal gel (sold under the brand name Diastat AcuDial) to children with epilepsy who want to attend summer camps run by the program. NISRA, which is formed from 13 park districts and municipal recreation departments in northern Illinois, provides year-round recreational opportunities for children and adults with disabilities such as therapeutic recreation, Special-Olympics training programs and summer camps.
Rager and Epilepsy Foundation v. Tutor Time Learning Centers, LLC (D. Ca. settled 2009)
Action brought by on behalf of an 8-year-old California boy under the ADA and California state anitdiscrimination law against large chain of child care providers, which allegedly refused to administer an emergency antiseizure medication, diazepam rectal gel (sold under the brand name Diastat AcuDial). The Foundation joined the lawsuit as a plaintiff to represent the many children with epilepsy around the country who may have been prevented from attending any of the 200 child care centers affiliated with the Tutor Time chain because of their alleged refusal to administer this medication. The case settled in July 2009. The terms of the settlement are confidential.
United States v. Camp Bravo
Lawsuit filed against Camp Bravo day camp in Towson, Maryland. Camp Bravo, a private day camp for children, violated the ADA by denying admission to a child with epilepsy because she required Diastat for prolonged or acute repetitive seizures. The camp would not allow non-medical staff to administer the medication although it can be administered by properly trained non-medical staff. Additionally, the camp refused to allow the camp nurse to accompany the child on bus rides or field trips. Thus, the child was unable to attend the camp for two consecutive summers. The case settled in June 2015. As part of a settlement, the camp agreed to admit the child for all future camp sessions for which she is eligible, pay $8,000 as compensation, and train its staff and make changes to the camp’s policies and procedures.