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Re: [IPp] Summer Camp



Louis,
I think you will find this article written in the Boston Globe helpful. I 
hope I am not breaking any copyright laws but there was a lawsuit in 
Massachusetts this past year that is described in detail the same issues 
that you are now facing. It is not just a state case, it is federal law. I 
am not a lawyer so I hope I am guiding you in the right direction. I think 
that they need to care for your child and I don't think that you have to go 
at lunch everyday.
I am sorry that you have to deal with this issue. As parents of kids with 
type 1 diabetes, we have enough to deal with getting numbers in the target 
range and then all this extra stuff just makes it harder. Good luck
Deirdre

Parents of diabetic, 7, win a victory
Wellesley camp operator won't bar such children
By Shelley Murphy, Globe Staff  |  March 21, 2006

The 7-year-old girl takes gymnastics and swimming lessons and goes to day 
camps and afterschool programs. But in summer 2004, the operators of the 
Wellesley Sports Club ejected her on her first day in their day-camp program 
because she had diabetes.

Yesterday, however, the girl's parents, Kay Thompson and Quintus Medley of 
Wellesley, declared a victory for all children with diabetes as the club's 
owners, Town Sports International Inc., agreed not to discriminate against 
children with the condition as part of a federal court settlement with the 
US Department of Justice and the Disability Law Center in Boston. The 
company also agreed to pay $25,000 to the girl, $20,000 to the Disability 
Law Center, and $5,000 to the Justice Department.

''I think it's good for her to know that we felt it was wrong and we were 
able to not let them get away with it," said Thompson, who asked that her 
daughter's name not be used to protect her privacy. ''It shows that she can 
participate in these kinds of environments and she shouldn't accept being 
excluded."

Washington attorney Maria Hallas, who represents Town Sports International, 
said neither she nor anyone from the company would talk about the case, 
because ''It is TSI's policy not to comment on any litigation."

In a lawsuit filed last year in US District Court in Boston on behalf of 
Thompson and her daughter, the Disability Law Center said that Thompson had 
notified the sports club's Camp Wellesley in advance that her daughter had 
diabetes mellitus and wears a pump that automatically injects insulin into 
her bloodstream.

Thompson, a doctor who works as a family practitioner at a Walpole clinic 
affiliated with Newton-Wellesley Hospital, showed camp counselors and other 
employees how to monitor the pump, which keeps track of her daughter's blood 
sugar.

But, the girl was told not to return after attending for one day, the suit 
alleges, because the camp needed more medical documentation and approval 
from Wellesley's Health Department. Yet, even after the department and the 
girl's doctors approved her attendance at the camp, the suit says Thompson 
was told that Town Sports International's corporate managers decided she 
couldn't return because her diabetes was ''too complex for them to handle."

Thompson and Medley said they were surprised because their daughter, now a 
second-grader, had been to preschools, afterschool programs, and other camps 
in Jamaica Plain, Wellesley, and Needham without incident.

''Everybody else has always been so accommodating and never sort of put up 
any kind of barriers for her," Thompson said.

After their daughter was excluded, she spent the next week in a camp run by 
the Wellesley Recreation Department, but the program was booked the rest of 
the summer, Thompson said.

Attorney Pamela Coveney of the Disability Law Center argued in her lawsuit 
that Town Sports International had violated the girl's rights under the 
Americans with Disabilities Act. ''The law says that you have to reasonably 
accommodate a person with a disability," she said.

The Justice Department agreed and filed a motion to intervene in the case.

Yesterday, all of the parties signed a consent decree, which settles the 
suit. Town Sports International did not admit liability or violating any 
rights, but agreed not to discriminate against any camper with diabetes. The 
company agreed to provide diabetic campers with an equal opportunity to 
participate in all camp programs, unless the camper's participation would 
pose a ''direct threat" or would force the camp to fundamentally alter its 
program.

The company must notify the Justice Department and provide reasons for 
exluding a child with diabetes.

''Diabetes, nor any other disability should keep children from participating 
in summer camp," said US Attorney Michael J. Sullivan in a press release 
issued yesterday. ''Camps and child care providers should be on notice that 
their policies and practices cannot limit or preclude the participation of 
children with disabilities. Diabetics live full and productive lives and 
should not suffer discrimination in any community programs or services."

Stanley Eichner, executive director of the Disability Law Center, said that 
under the consent decree, Town Sports International will appoint a diabetes 
management coordinator, provide training to camp personnel, implement a plan 
to evaluate the needs of campers with diabetes, and establish a program for 
accommodating those needs.

The agreement says the camp must accommodate children who require pumps or 
injections for diabetes. According to Coveney, the company has ''a very high 
burden to meet to justify not admitting a child with diabetes."



) Copyright 2005 The New York Times Company




----- Original Message ----- 
From: "Louis Diaz" <email @ redacted>
To: <email @ redacted>
Sent: Thursday, June 08, 2006 4:35 PM
Subject: [IPp] Summer Camp
>
> I signed up my daughter (4.5) to a new camp this summer, (for 1 week).
> Obviously, I told them that she had diabetes and wore a pump.  I
> informed them that she would have to be tested and observed, while she
> pumped herself.  She can currently test herself as well, but it's
> easier if someone else does it.
>
> Anyway, there seem to be no problem.  The head of the camp requested a
> letter from her doctor basically stating that it was ok for her to
> attend.  The endo provided the letter with no issues, it was basically
> a form letter as this is a common request.  After receiving the letter
> the camp called with some serious reservation about letting her
> attend.  I read the letter and it clearly was a bit scary for someone
> who is not well informed about diabetes.  It basically lists the worse
> case scenarios, e.g. the pump breaks, keytones, urine testing,
> seizures, glucogon, convulsions and vomiting, etc.
>
> At first I was very upset with the camp.  I spoke with them several
> times today and tried to reach an agreement that everyone would be
> happy with.  I will now on a daily basis go to the camp before lunch
> and test her myself.
>
> I also suggested that the camp call the endo directly so that they
> could find out that while possible, the above is the exception.
>
> I am now signing special release forms and testing her so that she
> could attend the camp just like any other regular kid.
>
> The whole incident was a bit depressing and gave me a clue as to the
> uphill battles our children face and the likely discrimination they
> will be subjected to.
>
> What is your opinion, should letters from endos include all the scary
> details?  In the past for other schools and camps I have created a
> document that describes diabetes and insulin, hypo and hyperglycemia
> their signs and testing.
> .
.
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