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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102496
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My Daughter is Type one diabetic and she is in girl scouts.

Customer Question

My Daughter is Type one diabetic and she is in girl scouts. There is a junior tent camp that they are saying that she cannot go on unless I attend with her. They have taken her before, but they are know saying she cant go becasue it takes away from the other children at camp. Can they legally discrimanate against her? I try so hard as a parent not to make her feel different from the other children, but they are singling her out this time. Do i have any recourse to go after them?
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Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. A person with Type 1 Diabetes falls under the American with Disabilities Act. The ADA disallows discrimination in employment, programs, activities, and services of state and local governments, public accommodations. There are a few more miscellaneous items covered by the ADA, but private group functions are not covered. Scouting organizations are private entities. They are not covered by the ADA. They do not have to provide reasonable accommodations. I am sorry.

So while it is not ethical per se, it is not illegal.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 1 year ago.
What about this articlehttp://www.disabled-world.com/disability/ada/scouts.php
Expert:  Ely replied 1 year ago.

Hello,

Correct - private groups that receive federal funds, such as the Girl Scouts, are covered by federal disability discrimination law.

Sorry, I did not know that Girl Scouts did receive money from the federal government.

IF SO, then the 7th Circuit has ruled that Girl Scouts must make reasonable accommodations for ADA individuals. However, that is the 7th Circuit. Oregon is in the 9th Circuit. While the decision is suggestive, it is not binding upon Oregon since Oregon is in the district circuit.

It is up to you to decide whether to contest the stance of the Girl Scouts. They may agree, or they may not change their stance, and if not, then you can pursue this under ADA and hope that the 9th Circuit (Oregon) agrees with the 7th Circuit. Likely it will.

Again, I did not know Girl Scouts took money from the federal government. With this new information, my answer changes.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
Customer: replied 1 year ago.
I may have some more questions - I have been so busy at work.
Expert:  Ely replied 1 year ago.
No problem. Take your time.
Customer: replied 1 year ago.
How do I go about getting this to Oregon's circuit court. The troop leader has sent me emails today that are very discriminatory and I'm saving all emails from her.
Expert:  Ely replied 1 year ago.
Hello and thank you for your follow up.
See here:
http://www.ada.gov/filing_complaint.htm
A complaint is filed with the Department of Justice (DOJ). DOJ may in the end litigate the complaint, or, you may do so privately instead.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!