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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  20 years of experience practicing law.
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The local Jewish Community Center has arbitrarily cancelled

Customer Question

The local Jewish Community Center has arbitrarily cancelled my membership using excerpts from confidential e-mails taken out of context and invented behavior. The real reason is because I have witnessed approximately 6 instances of child mistreatment in their Daycare and School for the Early Years programs and they don't wish to investigate my allegations any further. They dismissed me with no due process or warning. I am a Disabled War Veteran and I would like to know what my options are in respect to re-obtaining my membership (I need their pool like I need oxygen), but more importantly, what I would have to do in order to make the JCC turn over their investigative findings of my allegations to someone in authority like a judge and/or make them public in order to protect these children. Thank you.
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Hello

 

I am an attorney with more than 25 years experience and I look forward to providing you information in this regard and work through a possible resolution

 

What is the reason they gave for cancellation of your membership - What emails? How did they get them?

Customer: replied 1 year ago.


Hi Sam,


 


Whenever I sent an e-mail to the Director of the JCC concerning the mistreatment of small children that I had observed firsthand in public areas of the JCC (unnecessary rough physical contact and screaming), it was supposedly investigated and all of my allegations were found to be unfounded. The last three incidents were also observed by my caregiver, but again, they were found to be unfounded. My subsequent replies were somewhat insulting since no one likes to be called a liar over and over. I questioned how the Director can be Jewish when she is not protecting the children, that her legacy will be one of incompetency, and some other juicy insults borne out of frustration and my inability to speak coherently. I would have rather told her this verbally, it was my mistake to put my feelings on paper. The behavior they brought up is an altercation that I had with an employee 2 years ago and that the teachers think that I'm watching them and with that, they can't do their job competently.

Customer: replied 1 year ago.

I forgot to mention that in the middle of April I received an e-mail suggesting that I find somewhere else to swim with no mention as to e-mails or behaviors. I responded that I would take legal action if my membership was cancelled. Two weeks later after inadvertently contacting the law firm of the 1st board chair I received a registered letter cancelling my membership blaming my behavior and e-mails as the reason.

Expert:  Sam replied 1 year ago.

Hello

 

Thank you. As you are probably aware if they are not receiving any federal funding they can dictate who is welcome and who is not. However, they have to do so within the confines of their Policies in this regard. I suggest that you may want to request a copy of the policy for cancellation of a membership and see if they have followed it. Of course bringing up a situation for years ago is not something that is within policy, I'm sure and so they should have handled that at the time not using it now.

 

Anyway, read the policy and see what the situation is.

 

Now, as to the investigation, I suggest you would want to contact the local District Attorney if you feel that the children are being abused or neglected in anyway.

 

Also, you may just want to write a nice apology letter and request for them to allow you back because you need the swimming pool and that you agree not to interfere with the teachers or the way they do their job.

 

I am sorry you are in this situation. But they have a right to not take your membership and so it is up to you to decide what is more important - the pool membership or reporting them to the DA.

 

Sam, Attorney at Law
Category: Legal
Satisfied Customers: 22528
Experience: 20 years of experience practicing law.
Sam and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


Can I just hire an attorney just to make the situation more public? And of course the DA is preferred to my swimming. Standing up for those who can't stand up for themselves is something I've done my whole life and I'm not going to stop now.

Expert:  Sam replied 1 year ago.

Hello

 

Yes, of course, you may consult with a local attorney. And if you truly believe that there is abuse in that child care center you absolutely want to take up for the children.

 

Also I want to thank you for your service to our Country. It is your heroic efforts that have made this Country what it is today. I hope you have a very Happy Memorial Day

Customer: replied 1 year ago.

Memorial Day is a solemn holiday so I won't be having fun. My wife will throw a barbecue, but my heart won't be in it. Thanks for offering your respect for my service. I also served on behalf of the State of Israel as a police officer in an anti-terrorist unit from '99 to 2004. Can you believe that the local JCC would want to get rid of someone like me just to cover their ass? I can't.


I've contacted numerous law firms in this regard and they have said that they have a conflict of interest so they can't help me. I have no doubt that I will be able to find one eventually. Thanks for your help.

Expert:  Sam replied 1 year ago.

Hello

 

You are welcome. Yes, it is solemn indeed, but I suggest it is also a time to be happy because of the freedoms that have been preserved

 

Again, thank you for the service. However, you choose to celebrate the veterans and their sacrifices enjoy it.

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