autisitic kid denied of boys scouts

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>

> /Autistic child in California has been denied participation in Boy

>Scouts because of his disability, which is discriminatory and

>violates state and federal law. Suit maintains that the organization

>must comply with the Americans With Disabilities Act and make

>programs available to all boys./

>

> Los Angeles, CA (PRWEB) August 24, 2006 & ndash;- Lawyers for a

young

>boy with autism announced today that they have filed a complaint

>against the Western Los Angeles County Council of Boy Scouts of

>America and Pacific Palisades, CA-based Troop 223 in U.S. District

>Court for the Central District of California for violations of the

>Americans With Disabilities Act (ADA). The suit seeks injunctive

>relief and damages for negligence and intentional infliction of

>emotional distress.

>

> The plaintiff C.R., an 11-year-old boy with high-functioning

autism,

>and his parents Reilly and N. Jane DuBovy claim the

defendants

>denied the plaintiff and others with autism equal access to and full

>participation in the Boy Scouts & rsquo; facilities and services

>because of their disabilities, which is discriminatory and violates

>state and federal law.

>

> & ldquo;The ADA was enacted to provide relief for people just like

>C.R., who because of their disabilities and the misunderstanding

>surrounding their disabilities are considered unable to fully

>participate in activities others take for granted, & rdquo; said

a

>Parks, Director of Litigation for the Disability Rights Legal

Center.

> & ldquo;Although we have tremendous respect for the Boy Scouts, the

>organization still must comply with the law and make their programs

>available to all boys. & rdquo;

>

> C.R. joined the Cub Scouts in September 2000. With the help of his

>parents he flourished for five years and met scouting requirements

>for promotion to the Webelos and then to Boy Scouts Troop 223 in

>2005. Around that time, a scout leader advised the family that C.R.

>would only be allowed to attend meetings and an overnight camping

>trip when accompanied by his father. No other child in the troop was

>subjected to similar restrictions. Because participating in the

>camping trip was mandatory for moving to the next scouting level,

the

>scouts & rsquo; actions precluded C.R. from moving to the next level.

>This penalized C.R. through no fault of his own. Because of these

>restrictions, C.R. was excluded from the camping trip and feels

>humiliated and rejected by the entire troop.

>

> Worse yet, the scouts e-mailed C.R. & rsquo;s parents and actually

>advised them that they were excluding C.R. from advancing in the

>scouts because of his autistic disability.

>

> & ldquo;We understand the scout leaders & rsquo; concerns, but we

have

>a track record with C.R. and his troop. We feel we have addressed

the

>concerns more than adequately during our years of involvement with

>Troop 223, & rdquo; said Ms. DuBovy. & ldquo;Based on C.R. & rsquo;s

>experiences, we know that our child is capable of handling the

rigors

>of scouting with minor accommodations. In fact, he successfully

>attended an overnight event this year with his 6th grade class

>without incident. What happened with the Boy Scouts has had a

>profound impact on our son. We want to fix this going forward so

that

>he can participate just like any other child and so that no other

>child in our community will be ostracized because of a

>disability. & rdquo;

>

> In addition to a preliminary and permanent injunction that will

>allow C.R. to be reinstated in Troop 223 at the level he would have

>achieved before the controversy, C.R. and his parents are requesting

>a jury trial that would settle any disagreement regarding the Boy

>Scouts & rsquo; responsibility to welcome and accommodate boys with

>disabilities into the organization.

>

> The plaintiffs are represented by Los Angeles lawyers Barak Lurie,

> Knauf and the Disability Rights Legal Center. The case

>number is CV 06-5171 SJO.

>

> Barak Lurie has practiced in the federal and state courts since

>1989. His offices focus predominantly in general civil litigation.

>Mr. Lurie will serve as lead counsel in the litigation.

>

> Knauf, principal of Knauf Associates, and a former

staff

>attorney with the Disability Rights Legal Center, has practiced

>disability related litigation for nearly 10 years.

>

> The Disability Rights Legal Center, formerly the Western Law

Center

>for Disability Rights, affiliated with Loyola Law School, has been

>offering legal services since 1975 to people with disabilities

>through a variety of projects. The Civil Rights Litigation Project

>provides free legal representation to people with disabilities

>encountering discrimination in violation of their civil rights