Discrimination against a special needs child-not employment related

[sickofscouts]

My 12 year old son has been kicked out of his Boy Scout Troop after an incident at summer camp with a kid who has bullied and intimidated him for over a year. My son is a special needs child. The boys/leaders at camp were telling him what he was allowed to eat while at camp, at every meal they were constantly telling him what he could and couldn't eat. On the way back to camp from dinner one evening, another child shook the rain off of his poncho and the poncho smacked my son in the face (accidentally), which aggravated my son even more after being told again that he wasn't allowed to eat what he wanted at dinner. My son walked into the woods with his camp buddy to collect fire wood and to cool down. The boy who has bullied my son, approached him, grabbed his arm and removed a stick from my son's hand. My son backed away, pulled his knife from his pocket (closed blade) and stated "I have a knife". The other boy pulled out his knife, opened the blade and stated "Yea, I have one too". My son walked away and back towards camp, where the Troop Master took his knife away and called me to come take him home from summer camp. My son was subsequently kicked out of the troop and the other boy is still a member. The leaders have stated (at a meeting where they informed us that they were kicking my son out) that "he takes more of our time than the other boys", and "he should go to a special needs troop". Is this a case of discrimination?

 

[momma_2_four]

The boy scouts discriminate. They always have. They have, so far, always gotten away with it. Google boy scouts discrimination and you will find lots of information on what they have done and gotten away with in the past. Find another group for your child to participate with, one that does not discriminate on a regular basis.

 

[sickofscouts]

I understand that. What I want to know, is can we sue the members of the committee and the leaders that made the decision to expel my child, but not the child that is not special needs. The decision was made by the leaders and committee members of the troop, not by the BSA Council.

 

[esteele]

I think your post has been filed in the wrong place. This is an employment discrimination site, not discrimination in public accommodation site.

FWIW, while I think you could possibly have a denial of public accommodations claim, you and your family could face an uphill battle. The Boys Scouts Troop could potentially justify its disparate treatment here by maintaining your son had other disciplinary issues while the other boy did not. How would you prove such a "rebuttal" explanation was untrue? If you cannot overcome such an explanation, you would find it difficult, if not impossible, to prevail in a public accommodations suit.

 

[army judge]

I understand that. What I want to know, is can we sue the members of the committee and the leaders that made the decision to expel my child, but not the child that is not special needs. The decision was made by the leaders and committee members of the troop, not by the BSA Council.

You, as is anyone, are free to sue anyone or anything.

The better question is , if you did in the instant matter at hand, could you prevail?

My answer is no, you won't prevail.

You are free, of course, to speak with a couple if local attorneys and ask them the same question.

Your son threatened another child with a knife.
The other child's parents could retaliate (and in fact) might pursue charges against your son. Special needs or not, doesn't allow him to threaten others with a knife.

I suggest you have Junior speak with a counselor. From your description of these events, he has anger issues.

What you detail is nothing more than adolescent boy hijinks.

 

[sickofscouts]

My son did not "threaten" the other boy. He held his knife up in front of himself and stated that he had a knife. He did not open it, did not point it at anyone, did not make any other statement that would insinuate that he would use the knife in any way shape or form. This boy has earned a reputation as being the troop bully and when he put his hands on my son, my son felt threatened and reacted to that threat. I suggest you take your opinion and stick it where the sun don't shine sweetheart. You don't know my son from Adam, and unless you have a degree in psychiatry, don't profess to know his issues. My questions had nothing to do with soliciting an opinion on my son's needs or issues. I'm well aware of what they are and have taken appropriate steps to deal with them, for several years now. Please answer the question at hand with intelligent, educated answers or don't respond. I didn't ask for your opinion of my child, only the situation at hand.

You, as is anyone, are free to sue anyone or anything.

The better question is , if you did in the instant matter at hand, could you prevail?

My answer is no, you won't prevail.

You are free, of course, to speak with a couple if local attorneys and ask them the same question.

Your son threatened another child with a knife.
The other child's parents could retaliate (and in fact) might pursue charges against your son. Special needs or not, doesn't allow him to threaten others with a knife.

I suggest you have Junior speak with a counselor. From your description of these events, he has anger issues.

What you detail is nothing more than adolescent boy hijinks.

 

[Proserpina]

My son did not "threaten" the other boy. He held his knife up in front of himself and stated that he had a knife. He did not open it, did not point it at anyone, did not make any other statement that would insinuate that he would use the knife in any way shape or form. This boy has earned a reputation as being the troop bully and when he put his hands on my son, my son felt threatened and reacted to that threat. I suggest you take your opinion and stick it where the sun don't shine sweetheart. You don't know my son from Adam, and unless you have a degree in psychiatry, don't profess to know his issues. My questions had nothing to do with soliciting an opinion on my son's needs or issues. I'm well aware of what they are and have taken appropriate steps to deal with them, for several years now. Please answer the question at hand with intelligent, educated answers or don't respond. I didn't ask for your opinion of my child, only the situation at hand.

And with that, please feel free to pay an attorney.

Your rudeness was completely unwarranted.

 

[sickofscouts]

As was yours!

 

[army judge]

You're welcome, madam.

Okay, sue President Obama, sue The Pope, sue the FBI, sue the Boy Scouts of America.

That mean old bully done hurted Junior.
Him been scared.
You make them pay, madam.

My son did not "threaten" the other boy. He held his knife up in front of himself and stated that he had a knife. He did not open it, did not point it at anyone, did not make any other statement that would insinuate that he would use the knife in any way shape or form. This boy has earned a reputation as being the troop bully and when he put his hands on my son, my son felt threatened and reacted to that threat. I suggest you take your opinion and stick it where the sun don't shine sweetheart. You don't know my son from Adam, and unless you have a degree in psychiatry, don't profess to know his issues. My questions had nothing to do with soliciting an opinion on my son's needs or issues. I'm well aware of what they are and have taken appropriate steps to deal with them, for several years now. Please answer the question at hand with intelligent, educated answers or don't respond. I didn't ask for your opinion of my child, only the situation at hand.

 

[Proserpina]

As was yours!

You should probably look at who you're actually responding to before you post.

I'm just saying

 

[sickofscouts]

I apologize. You are right, I didn't look first, I just assumed it was the same rude person who posted previously.

You should probably look at who you're actually responding to before you post.

I'm just saying

 

[sickofscouts]

Are you in the habit of assuming that every person who posts here is just some redneck freak looking to sue anyone they can for a few extra bucks? I've never sued anyone in my life, FYI. However, when someone treats two people differently, who behaved in the same or similar manner, and only the person who requires a little extra due to a disability is punished for that behavior well that sure seems like discrimination to me. If you have nothing more than rude, condescending comments, why not hold your tongue (or your fingers in this case)?

You're welcome, madam.

Okay, sue President Obama, sue The Pope, sue the FBI, sue the Boy Scouts of America.

That mean old bully done hurted Junior.
Him been scared.
You make them pay, madam.

 

[army judge]

Hicks?

My, how insulting.

Anyway, you're more than welcome, again, madam.

Now, go get justice for Junior.

Are you in the habit of assuming that every person who posts here is just some redneck freak looking to sue anyone they can for a few extra bucks? I've never sued anyone in my life, FYI. However, when someone treats two people differently, who behaved in the same or similar manner, and only the person who requires a little extra due to a disability is punished for that behavior well that sure seems like discrimination to me. If you have nothing more than rude, condescending comments, why not hold your tongue (or your fingers in this case)?

 

[CdwJava]

My son did not "threaten" the other boy. He held his knife up in front of himself and stated that he had a knife. He did not open it, did not point it at anyone, did not make any other statement that would insinuate that he would use the knife in any way shape or form.

In most every state that is a crime. In my state we call it "brandishing," it might have another name in your state, but the intent is clear - to threaten or intimidate the other party with a weapon.

My son is in the Boy Scouts as well, and if someone had pulled a knife on him in such a way, I'd also call for him to be disciplined.

Your son's reaction is not normal and indicates the possibility of some other issues that he might need to address through counseling.

This boy has earned a reputation as being the troop bully and when he put his hands on my son, my son felt threatened and reacted to that threat.

Yes ... by brandishing a weapon (likely a crime).

 

[CdwJava]

Are you in the habit of assuming that every person who posts here is just some redneck freak looking to sue anyone they can for a few extra bucks? I've never sued anyone in my life, FYI. However, when someone treats two people differently, who behaved in the same or similar manner, and only the person who requires a little extra due to a disability is punished for that behavior well that sure seems like discrimination to me.

Most discrimination is lawful. Unless you can show that he was discriminated against in some way solely for his perceived association with a protected class of person, then you really have no claim.

There is an appeals process through the Scouts, and you can avail yourself of that if you wish. If not, and if you and your son agree that the Scouts is not where he wants to be, then so much the better that they part company before this costs you and them a lot of money in court.

 

[sickofscouts]

Obviously you all think you are psychiatrists. Or you can't read. No where did I ask for anyone's opinion of my child. Don't bother replying to this thread any further as I won't be back to read any of it. Save your conviction for someone else's child.

 

[CdwJava]

You asked for possible legal ramifications and you received some answers to those possibilities. A lawsuit is unlikely to be successful, and criminal charges could be forthcoming against your child. It might be possible to mitigate potential harm from lawsuits or criminal charges in your son's direction by seeking the counseling that he apparently needs.

Sorry that you do not see what seems to obvious from the post and would likely be in your child's best interests.