This is a memorandum of law in support of the plaintiff's motion for summary judgment 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 memorandum argued that Doe met the requirements for a claim under Title III of the American with Disabilities Act (ADA) and New York State Human Rights Law (NYHRL): Doe was disabled by way of his HIV, the basketball day camp was a place of public accommodation, and the camp denied Doe admission on the basis of his disability, i.e., his HIV. It argued that each of the day camp's reasons for denying Doe admission (e.g., concerns with the transmission risks associated with Doe using the camp's swimming pools and toilets, concerns with possible side-effects of Doe's medications, etc.) were based on stereotypes and irrational fear about people living with HIV. The day camp's reasons to exclude Doe were all based on his HIV and, thus, violated the ADA and NYHRL.
CHLP fights stigma and discrimination at the intersection of HIV, race, health status, disability, class, sexuality and gender identity and expression, with a focus on criminal and public health systems. As part of this work, we support movement building that amplifies the power of individuals and communities to mobilize for change rooted in racial, gender and economic justice. We do this through legal advocacy, high-impact policy initiatives, and creation of cross-issue partnerships, networks, and resources.