Facts

Plaintiff M.C. attended a summer camp day program offered by the City of Los Angeles in 2011, 2012 and part of 2013. He participated in all camp activities and was permitted to attend all off-site field trips except one whale-watching trip. In the summer of 2013, he was asked to take a break from the summer program, but never returned after the break ended.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that M.C. was autistic and that he was discriminated against due to his disability when he was not permitted to go on the whale-watching trip and was asked to take a two-week break from the summer camp in 2013. Plaintiffs claimed the city violated Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the Unruh Act and the California Disabled Persons Act.

DEFENDANT'S CONTENTIONS:
Defendant claimed that the summer camp staff worked with M.C. throughout his two full summers at the summer camp, yet the staff observed M.C. exhibit a defiant, rebellious attitude, use profane language directed at the staff and other children, and slap, hit, push or kick the other children. Despite this behavior, M.C. participated in all camp activities and was permitted to attend all field trips during the summers of 2011 and 2012, except the one whale-watching trip.

Defendants argued that plaintiffs had failed to produce any evidence that M.C. was not permitted to attend the whale-watching trip and was not permitted to attend the summer camp for two weeks in the summer of 2013 due to his disability. Moreover, his mother, plaintiff Ana Campos even testified that the staff never treated M.C. differently from the other children.

Result

The court granted the city's motion for summary judgment as to all of plaintiffs' claims.

Other Information

FILING DATE: April 17, 2014.