Excerpt from Legal Action Center’s Rule 56.1 Statement in Support of Summary Judgment Motion, Doe v. Deer Mountain Day Camp, Inc., 2010 WL 181373 (S.D.N.Y. Jan. 13, 2010)

Pleadings and Briefs

This is an excerpt from Legal Action Center's Rule 56.1 Statement in Support of Summary Judgment Motion. Legal Action Center submitted this excerpt on behalf of the plaintiff in Doe v. Deer Mountain Day Camp, in which Adam Doe (Doe), a 10-year-old boy, alleged he was denied admission to a basketball day camp on the basis of his HIV. The excerpt was a response to the day camp's statements that it denied Doe admission because it needed time to assess whether HIV could be transmitted through swimming pools and toilet seats.
The excerpt presented research by the United States Surgeon General, the Centers for Disease Control, the New York State Department of Health (NYDOH), and the American Academy of Pediatrics (AAP) to show that there was no evidence that HIV may be transmitted by casual, nonsexual contact such as through saliva, tears, sweat, urine, and stool. The NYDOH and other authorities stated that HIV cannot be transmitted in public swimming pools because the virus is destroyed by the chlorine used to disinfect the water.
The excerpt also cites the NYDOH and AAP as stating that children with HIV/AIDS should not be excluded from school and all related activities, including competitive sports. The AAP recommended that "[k]nowledge of a child's HIV status is unnecessary for school entry."