Doe v. Deer Mountain Day Camp Inc

• Citation: 682 F.Supp.2d 324
• Decision Date: 13 January 2010
• Docket Number: Civil Action No. 07 Civ. 5495(DCP)
• Parties: Jane DOE, as Parent and Natural Guardian, on behalf of Adam Doe, a Minor, Plaintiff, v. DEER MOUNTAIN DAY CAMP, INC.; Deer Mountain Basketball Academy, Defendants
• Court: U.S. District Court — Southern District of New York

682 F.Supp.2d 324

Jane DOE, as Parent and Natural Guardian,

on behalf of Adam Doe, a Minor, Plaintiff,

v.DEER MOUNTAIN DAY CAMP, INC.;

Deer Mountain Basketball Academy, Defendants

Civil Action No. 07 Civ. 5495(DCP)

United States District Court

S.D. New York

Decided: Jan. 13, 2010

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Cleary Gottlieb Steen & Hamilton LLP (Lewis J. Liman, Jorge G. Tenreiro, and Scott G. Thompson); Legal Action Center (Sally Friedman and Renee D. Martinez); Legal Aid Society of Rockland County, Inc. (Howard D. Sherwin), for the Plaintiff.

Rubin, Hay & Gould, P.C. (Rodney E. Gould and Robert C. Mueller), for the Defendants.

DONALD C. POGUE, District Judge.

[Plaintiff's motion for summary judgment granted in part; Defendants' motion for summary judgment denied; Plaintiff's action for injunctive relief and Defendants' unclean hands defense dismissed.]

OPINION & ORDER

POGUE, Judge: ¹ In this action, Plaintiff Adam Doe ("Plaintiff or "Adam") claims that Defendants Deer Mountain Day Camp, Inc. ("DMDC") and Deer Mountain Basketball Academy ("DMBA") discriminated against him—in denying him admission to a basketball camp—on the basis of his disability, namely, his infection with the Human Immunodeficiency Virus ("HIV"), in violation of the Americans with Disabilities Act, 42 U.S.C. §§ 12101-213 (2000) ("ADA")² and the New York State Human Rights Law, N.Y. Exec. Law §§ 290-301 (2004) ("NYHRL").

The court has jurisdiction over the ADA claims pursuant to 28 U.S.C. § 1331; it has supplemental jurisdiction over Plaintiff's state claims pursuant to 28 U.S.C. § 1367.

Presently before the court are both parties' motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. As wall be explained further below, because Plaintiff's disability was a substantial factor in Defendants' denial of Adam's admission, and because Defendants failed to present any evidence of the objective reasonableness of their determination that Plaintiff's condition posed a threat to other campers, the court GRANTS, as to DMDC, Plaintiff's motion for declaratory relief. However, because the parties have not clarified the relationship between DMDC and DMBA, the court DENIES Plaintiff's motion as to DMBA at this time. In addition, because Plaintiff lacks standing to seek injunctive relief, the court DISMISSES Plaintiff's claim in that regard. The court also DENIES Defendants' motion in its entirety, and DISMISSES Defendants' affirmative defense of unclean hands.

I. Background

The parties disagree as to some of the facts at issue here; therefore, the court will endeavor to fairly set forth the disputed and undisputed evidence, addressing in turn DMDC's and DMBA's admission process, Adam's background and application for admission to DMBA, and the relevant history of this litigation.

A. Deer Mountain Day Camp

DMDC, a camp regulated by the American Camp Association as well as the Rockland County Department/ of Health, (Pl.'s Confidential Ex. C in Supp. of Pl.'s Mot. for Summ. J. ("Pl.'s Ex. C"), Roberta Katz³ Dep. 9, 11-12) accepts applications for admission from potential campers. This process requires that a potential camper pay an admission fee and submit a signed application, which includes both a "medical report" and a "camper medication form." ⁴ (Pl.'s Ex. C, Roberta Katz Dep. 13; Pl.'s Ex. E, [DMBA] 2004 Application 1-4.)⁵

The forms are subsequently reviewed by camp nurses, ⁶ who are responsible for health assessments of the prospective campers. (Pl.'s Ex. C, Roberta Katz Dep. 13-14.) Often DMDC nurses require some time, prior to the start of camp, to look into prospective campers' medical conditions, as well as medications listed on a camper's form, in order to determine how to keep the camper safe and to allow the camp staff to anticipate medical problems the child might have. (Id. 13-14, 15-16, 23-25.) If one of the nurses has a question, he or she will usually speak with a parent and, with the parent's permission, with the doctor or a specialist. (Id. 41, 83-85; Pl.'s Ex. E, Ellen Gloskin 31, 37, 46.)⁷DMDC will also inquire into medications in order to determine potential side effects as they relate to sun, exercise, and dehydration. (Id. 117-18.)

Accordingly, DMDC needs to receive applications before camp begins so as to have sufficient time to prepare camp facilities for all campers' health needs. (Id. 37, 43-44.) It is unclear whether DMDC has a deadline for application submission, but DMDC does require that a camper provide a signed application and medical forms prior to the start of camp. (Id. 28-30, 37.) Yet it has happened that DMDC has accepted application forms on the first day of camp. (See id. 31-35.)

While DMDC's application provides for the submission of medical information, DMDC has no policy regarding assessment of a child's health and has no medical or admission standards; up until the events giving rise to this action, the camp had never denied admission to a child because of a medical condition.⁸ (Id. 14, 15, 41; Pl.'s Ex. E, Ellen Gloskin 44-45.)

At the same time, the camp uses "universal precautions, "⁹ and, at orientation, prior to the summer months, the staff has training thereon. (Pl.'s Ex. C, Roberta Katz Dep. 107; PL.'s Ex. E, Ellen Gloskin Dep. 26-27; PL's Ex. D, Carol Katz Dep. 30.) Further, DMDC keeps its swimming pool properly chlorinated. (Pl.'s Ex. E, Ellen Gloskin Dep. 88-89.) But, during the time at issue here, the camp had no particular policies in place for HIV-positive children. (Pl.'s Ex. C, Roberta Katz Dep. 116.)

If "major" medical situations occur or when DMDC nurses have further questions or concerns during their review of applications for admission, DMDC consults Dr. William Bernstein, ¹⁰ a local pediatrician who voluntarily offers the camp medical advice and information. (Pl.'s Ex. E, Ellen Gloskin Dep. 27-29; Pl.'s Ex. F, William Bernstein Dep. 9-10.)¹¹ In this role, and when providing information to DMDC regarding certain of his patients wishing to attend the camp, Bernstein may inform DMDC and the camper's family that he or she should not attend camp for medical reasons, and has recommended restrictions for children with certain disabilities or diseases. (Id. 37-38.) On medical forms submitted for his patients, Bernstein will discuss the child's medical fitness to attend camp and potential side effects of medications that the child takes. (Id. 38-39.) However, Bernstein had never, prior to the events leading up to this lawsuit, called DMDC directly to report information on a child. (Pl.'s Ex. C, Roberta Katz Dep. 75.)

B. Deer Mountain Basketball Camp

Although DMBA took place at the DMDC facility, DMDC claims that it did not operate DMBA. (Id. 16-17.) Rather, Steve Loscher, DMBA director, worked as an "outside contractor." (Id. 53.) For the most part, Loscher's staff ran the basketball camp, but DMDC oversaw the DMBA applications process and provided health care personnel such as the lifeguard and nurses. (Pl.'s Ex. D, Carol Katz Dep. 11, 12; Pl.'s Ex. C, Roberta Katz Dep. 19.)

The application process for DMBA was identical to that of DMDC; DMBA used the DMDC medical report and medication form, and the potential attendees of DMBA were required to submit these forms to the DMDC offices. (Pl.'s Ex. C, Roberta Katz Dep. 19, 25. See also Pl.'s Ex. E, [DMBA] 2004 Application 1-3.) In addition, Nurse Gloskin reviewed these forms at DMDC prior to the start of DMBA. (Pl.'s Ex. E, Ellen Gloskin Dep. 56-57.)

C. Jane Doe ¹² and Adam Doe

Adam contracted HIV at birth due to perinatal infection. (See id.) Adam takes antiretroviral medications to treat his condition, and his syndrome has been undetectable for years. (Id. 54.) On the advice of Dr. Neu, Adam's HIV specialist, Adam and his mother had kept and continue to keep Adam's HIV-seropositivity¹³ confidential and have not informed his school of his HIV medications. (Pl.'s Ex. H, Jane Doe Dep. 34; Neu Aff. ¶¶ 19-24.)

Adam likes to play basketball, (Defs.' Ex. 2 in Opp. to Pl.'s Mot. for Summ. J., Adam Doe Dep. 7; Pl.'s Ex. H, Jane Doe Dep. 50-51) and, in 2004, his HIV clinic recommended that he attend a basketball camp. (Pl.'s Ex. H, Jane Doe Dep. 50. See also Pl.'s Ex. A in Opp'n to Defs.' Mot. for Summ. J., Charlotte Revesz Dep. 25.)

Bernstein is Adam's primary pediatrician, although, from time to time, Adam has also seen Dr. David Levy.¹⁴ (Pl.'s Ex. H, Jane Doe Dep. 41; Pl.'s Ex. G, David Levy Dep. 56-57.) However, Bernstein is not involved in Adam's HIV treatment, does not prescribe Adam's medications, and is not familiar with the drugs Adam uses or their potential side effects. (Pl.'s Ex. F, William Bernstein Dep. 69-70.) Whenever Adam visits the HIV clinic, Bernstein gets reports from Neu. (Id. 18.) Bernstein has spoken to Neu about, among other things, Adam's pneumonia, ear infections, and hospitalizations. (Id. 18-20.)¹⁵

D. Adam's Application to DMBA

In June or July 2004, when Adam was approximately ten-years-old, Mrs. Doe met with Loscher to discuss signing Adam up to attend a summer basketball camp. (Pl.'s Ex. H, Jane Doe Dep. 21-22; Compl. ¶ 15.) After Mrs. Doe informed Loscher that Adam was HIV-positive, Loscher recommended that Adam attend DMBA as it would be medically supervised. (PL's Ex. H, Jane Doe Dep. 21-23.) DMBA was to begin on August 23 of that year. (See Pl.'s Ex. E, Ellen Gloskin Dep. 62, 94; Defs.' Answers and Objections to PL's First Set of Interrogs. ("Defs.' Answers"), Inter-rog. 11.)

Mrs. Doe testified that she "felt funny" when Loscher reacted to Adam's condition, (PL's Ex. H, Jane Doe Dep. 29) but she paid the $345 admission fee, and Loscher mailed her the DMBA/DMDC application. (Id. 24, 26.)

In filling out the 2004 DMBA application, Mrs. Doe left the "Other Health Comments" line blank. (Id. 29.) She did so because of Loscher's reaction to Adam's illness and because Adam's HIV doctor [Dr. Neuj told...