Wahoo! Yippie! Hurrah and a big old, Oh YA! I heard today that my buddies, Laurel Francoeur Esq. and Mary Vargas, Esq., just made history and our world a better place. I could not be any prouder or more thrilled over today’s events. Long story short, a child was discriminated against regarding concerns over management of his peanut-tree nut allergy and access to an adult assisting during a life-threatening allergic reaction while participating in a Young Shakespeare Players East (YSPE) program in Massachusetts. The situation, unfortunately, included retaliation and to be honest, in my words, an embarrassing moment of barring a non-allergic child from the program when she spoke up regarding her allergic friend. Allergic Living Magazine explains the basic situation in, “Nut Allergic Boy and Friend Take Legal Action Against Youth Theater Program.”
Today, the story changed for the better!
From the Stein and Vargas Press Release about the US department of Justice issuing a “YSPE Findings Letter…
The United States Department of Justice (US DOJ) today issued a Letter of Finding concluding that Young Shakespeare Players East (“YSPE”) discriminated against two children in violation of the Americans with Disabilities Act by denying them equal access to participate in the theater program due to a peanut and tree nut allergy and the need for a responsible adult willing to administer epinephrine if necessary. The Letter of Finding further concluded that the theater company engaged in unlawful retaliation that was “coercive and intimidating” against the children because of their assertion of rights under federal law. The Letter of Finding serves as an unequivocal statement by the Department of Justice condemning not only the exclusion of kids with food allergies, but retaliation against those who advocate on their behalf.”
It is simply heart breaking to watch exclusion, but it is infuriating when adults direct poor behavior towards children.
The heroes in this story are the two kids, Mason (the food allergic boy) and buddy Sam (non-allergic friend with impressive ethics). They had to endure a complaint filed with the United States Department of Justice, potentially being the reason a program was going to be shut down and all the social nastiness that exists in the world. Yes! You heard me right, YSPE threatened to shut down the program rather than serve the needs of the Mason as they barred Sam. Note: the needs were deemed reasonable accommodations. As we have all seen on social media, people say nasty things endlessly, so I can only imagine what those two heard.
I encourage you to take the time to read the United States Department of Justice issued YSPE Findings Letter, which is written easy to read terms, (no confusing legal language), which outlines the details of this case.
This case is very important to us and how our families will deal with programs meant for general public access. I can’t stress this enough.
Today the world is truly a better place…
- Thanks to Mason, Sam and their families for standing up for inclusion and what is right while enduring cost, time and frustration that will benefit you and I, strangers.
- Since attorney’s Mary Vargas and Laurel Francoeur choose to take on these types of cases.
- Thanks to these findings, we all will have information to reference that is powerful beyond words.
My family raised our glasses of wine and ginger ale to celebrate Mason, Sam, Mary, Laurel, their families and friends who all fought the good fight!
Bravo!!!!!!!!
One of the hardest things I find about managing both life threatening food allergies and asthma is talking to others. I hate to be the one that might be perceived as demanding, pushing or for asking too much. What I now know, fourteen years later, is that honest, clear information presented with kindness works!..
So awesome. I hope sooner than later these situations become far less prevalent, and through the hard work if lawyers and the advocates we have in our friends and family WITHOUT allergies, we will provide everyone with an exclusive environment despite a disability that may seem difficult to navigate through. I echo your words, bravo!