Memorandum of Law in Support of Plaintiff’s Motion for Summary Judgment, Doe v. Deer Mountain Day Camp, Inc., 2010 WL 181373 (S.D.N.Y. Jan. 13, 2010)

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.