August 14, 2020

DSB was successful in moving to dismiss the complaint on behalf of a Suffolk County school district. Plaintiff, brought an action on behalf of his minor son who has special needs, alleging that the school district discriminated against plaintiff’s son violated his son’s civil rights under Title II of the Americans with Disabilities Act; Section 504 of the Rehabilitation Act of 1973; the New York State Human Rights Law; and 42 U.S.C. Section 1983 by refusing to allow him to serve as a volunteer in the school district’s summer recreation program. DSB argued that the plaintiff’s son could not be accommodated as a volunteer absent fundamentally changing the nature of the activity itself. The United States District Court for the Eastern District of New York converted DSB’s motion to dismiss into a motion for summary judgment and granted DSB’s motion and dismissed the plaintiff’s complaint with prejudice.