The following is an official statement from the United States Attorney’s Office for the Middle District of Florida.
TAMPA, Fla. – U.S. Attorney Gregory W. Kehoe announced that the U.S. Attorney’s Office for the Middle District of Florida has reached an agreement with Autumn Leaf Academy, Inc., a day care center in Plant City, Florida, that provides childcare services to children ages 12 months to 12 years old, resolving alleged violations of Title III of the Americans with Disabilities Act (ADA).
The U.S. Attorney’s Office launched an investigation into Autumn Leaf Academy in November 2022 after a parent of a child with Down syndrome alleged that Autumn Leaf Academy denied her daughter admission because she used a gastronomy tube (or “G-tube”) for her meals. As a result of the investigation, the United States determined that Autumn Leaf Academy violated Title III of the ADA by discriminating against a child and his or her parents by denying the child the opportunity to participate in and benefit from day care services because of the child’s disability. Specifically, Autumn Leaf Academy failed to apply eligibility criteria to screen the child and refused to make reasonable modifications to its policies, practices, or procedures necessary to provide services to her.
Under the terms of the settlement agreement, Autumn Leaf Academy must: Adopt, maintain and enforce anti-discrimination policies regarding non-discrimination on the basis of disability and post such policies on our website. Provide training to all personnel regarding all policies, practices, and procedures required under the settlement agreement and the nondiscrimination requirements under Title III of the ADA. Appoint and maintain a compliance monitor to ensure Autumn Leaf Academy complies with the terms of the Settlement Agreement. Submit periodic compliance reports to the United States. If Autumn Leaf Academy receives a complaint alleging that it has been discriminated against on the basis of disability, it will be reported to the United States. and pay $2,000 in damages to the child’s family.
This case was handled by Assistant United States Attorney Alexandra N. Karahalios.
Title III of the ADA prohibits public accommodations, including private day care centers, from discriminating against individuals on the basis of disability in the full and equal enjoyment of goods, services, facilities, privileges, privileges, or accommodations (“goods or services”). In general, Title III prohibits a public accommodation from denying an individual the opportunity to participate in or benefit from its goods or services on the basis of disability. Specifically, public accommodations shall not impose or apply eligibility criteria that exclude or tend to exclude individuals with disabilities, or any class of individuals with disabilities, from fully and equally enjoying the goods and services provided. A public accommodation must make reasonable modifications to its policies, practices, or procedures that are necessary to provide the public accommodation’s products or services to individuals with disabilities. Title III also prohibits public accommodations from discriminating against individuals because of the disability of individuals they are related or known to be related to, such as the parents of children with disabilities.
Individuals who believe they may have experienced discrimination may contact the Civil Rights Division of the United States Attorney’s Office for the Middle District of Florida by calling the Civil Rights Hotline at (813) 274-6095 or emailing USAFLM.Civil.Rights@usdoj.gov. To complete the civil rights complaint form, visit https://www.justice.gov/usao-mdfl/civil-rights-complaint-form.
The Attorney General is authorized to investigate alleged violations of Title III of the ADA and to bring civil actions in federal court in cases involving patterns or practices of discrimination or cases that raise issues of importance to the general public when the United States is unable to secure voluntary compliance. Ensuring that daycare centers do not discriminate against children with disabilities is a generally important issue.
For more information about the ADA, visit www.ada.gov or call the Department of Justice’s toll-free ADA Information Line at (800) 514-0301 (voice) or (833) 610-1264 (TTY). Accessibility experts answer questions from individuals, businesses, and state or local governments. All calls are confidential.
settlement agreement
