Possible Discrimination

[EagleLink]

Hi, I'm wondering if this is discrimination or not...I would think so, but some of you would know better.

I stay at a campground for the summer, and my 2 nieces visit often. They bothat happened to make friends with the owner's daughter and another girl. Now these girls had played many times before and never had an issue, but one day they discovered the 4 girls had lice. Nobody knows where it came from, it could have been from some of the transient kids (That's what they call the people that come and go and don't stay there long.) for all we know. They were all playing with other kids on the playground and in the pool all the time. Anyway, to get to my point, the owner is now requiring a note from the kid's doctors sayign that they do not have lice anymore. They are not requiring it from any other family members, or any other campers who these girls may have come in contact with. Now we made it clear to the owner because we wanted him to make sure he checked his daughter, the right thing to do I would think. But how many people did not tell anybody. Most people who are just passing through would not know where it came from and just treat it I would think. It is my opinion that the owner is discriminating against these 4 girls (One of which is his daughter anyway) because he is not asking anyone else to get checked. Also, he is not offering to pay for any dr visit, so why should they have to go? He claims this is a matter of health, but again I ask, "Why aren't you having anybody else coming into the campground provide Dr.'s notes?" Please tell me your opinion on this situation.

Thanks,
Jeff Lavoie

 

[presutin]

Unless it is mandated by the campground rules (when in the event of an outbreak) the camp director cannot make you take the kids to the doctor. Do what a reasonable person would do - treat the kids and if you see that the problem continues, then it is justified to take them to the doctors. Hope this helps!

 

[EagleLink]

I forgot to mention that this is in Exeter, NH. But I would think that discrimination is more of a federal case than local.

 

[CdwJava]

This is not a case of illegal discrimination. He can ASK whatever he wants, whether he can enforce a rule banning the kids from the campground if they do NOT see the doctor will depend a great deal on the campground rules and any contract signed by the paying guests. Management can probably refuse to allow visitors almost at their whim ... so, be careful how far you want to push the matter unless you want to look for another campground.

- Carl

 

[EagleLink]

There are no rules at all about this. And again, most of you would know better than I, is this not discrimination for a medical condition? This is like saying someone that has Hepatitis or AIDS cannot be in the campground. Unless coming in direct contact with the individual there is no chance of anyone else getting it. Also, it is not at all a disease, there is no public health threat, it is merely a nuisance. Don't get me wrong, I definitely think that people should take care of the problem immediately, and they have, but I do not believe that the campground owner can demand a note from a doctor without demanding one from the doctors of every child or parent that comes into the campground. Again, as I said, there are no rules about this anywhere. And yes, I agree that a campground owner can decide at any time that someone is not allowed there, but not when it is discrimination. I myself have taken a federal sexual harassment and discrimination training course and believe that this would be discrimination against a medical condition.

 

[EagleLink]

There are no rules at all about this. And again, most of you would know better than I, is this not discrimination for a medical condition? This is like saying someone that has Hepatitis or AIDS cannot be in the campground. Unless coming in direct contact with the individual there is no chance of anyone else getting it. Also, it is not at all a disease, there is no public health threat, it is merely a nuisance. Don't get me wrong, I definitely think that people should take care of the problem immediately, and they have, but I do not believe that the campground owner can demand a note from a doctor without demanding one from the doctors of every child or parent that comes into the campground. Again, as I said, there are no rules about this anywhere. And yes, I agree that a campground owner can decide at any time that someone is not allowed there, but not when it is discrimination. I myself have taken a federal sexual harassment and discrimination training course and believe that this would be discrimination against a medical condition.

 

[CdwJava]

There are no rules at all about this. And again, most of you would know better than I, is this not discrimination for a medical condition?

No. Children can be restricted from places - even SCHOOL - if they have lice. It's a legitimate and reasonable health concern.

Also, it is not at all a disease, there is no public health threat, it is merely a nuisance.

Yes, it can be a health threat.

I do not believe that the campground owner can demand a note from a doctor without demanding one from the doctors of every child or parent that comes into the campground.

You can hire an attorney and sue them if you wish ... but, they may have the discretion to make conditions as they wish if this is a private campground. You do not have to stay there if you do not like their rules.

Again, as I said, there are no rules about this anywhere. And yes, I agree that a campground owner can decide at any time that someone is not allowed there, but not when it is discrimination.

But this is not illegal discrimination. They are not being excluded solely on race, creed, gender, etc. They are not being excluded for being part of a class of protected persons, but, instead, because of a perceived health issue - the lice. This is legal.

I myself have taken a federal sexual harassment and discrimination training course and believe that this would be discrimination against a medical condition.

Then you would be incorrect. Sorry.


- Carl

 

[EagleLink]

according to one site online, http://www.dshs.state.tx.us/schoolhealth/lice.shtm, "Head lice infestation is a social issue not a health threat."

Then there's the CDC information at http://www.cdc.gov/lice/.
More specifically for head lice, http://www.cdc.gov/lice/head/index.html
More importantly, http://www.cdc.gov/lice/head/disease.html

As you can see, even the CDC does not consider this a health threat. And in case anyone is not sure what the CDC is, it's the Center for Disease Control. Which is a government agency dedicated to things like this.

So please stop giving what you THINK and give the TRUTH.

 

[CdwJava]

If you read the CDC link, you'd have read that one of the types of lice DOES spread disease. As I said it CAN be a health issue and that the matter was a PERCEIVED health issue. (Never said it WAS ...) Many people associate head lice with disease, and in the minds of many that perception is reality. However, the park management does have a right to restrict such an infestation in much the same way a school can do so.

And, if it is NOT a health issue, it sort of dropkicks your medical discrimination argument right out the window, too.

But, that's neither here nor there - the question is whether the management can legally exclude visitors for whatever reason they see fit. The answer to that is, "Probably." However, the only way to push the issue is to either defy it and see if they kick you and them out, or, hire an attorney and see if a court will allow them to remain. Which route do you intend to pursue?

If this is private property, they have a lot of leeway as to what they can do. Even public campgrounds can restrict visitors for a host of reasons and a perceived health threat is one of them.

The bottom line is that you have options ... which option you pursue is up to you. Lawyers will be costly ... defying the rule and forcing their hand can result in your being compelled to leave along with the girls. Unless the campground rules and state law grants you the greater say in the issue, I strongly suspect that the campground has the edge here.

- Carl

 

[EagleLink]

Now I know that I didn't mention in the first post that it was head lice, but I thought it would be obvious by the last post that it was head lice. And as I've said, even the CDC doesn't consider this a perceived health threat. I definately intend to get more adivce, possibly from a local lawyer.

 

[CdwJava]

Now I know that I didn't mention in the first post that it was head lice, but I thought it would be obvious by the last post that it was head lice. And as I've said, even the CDC doesn't consider this a perceived health threat. I definately intend to get more adivce, possibly from a local lawyer.

Always best when you are dealing with potentially local issues and contract law ... especially when no one here can read the contract.

- carl