Published January, 2010

Reply 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 reply 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 reply memorandum dismissed various arguments set forth in the day camp's response to the plaintiff's motion for summary judgment, including that the day camp's concern with HIV was about a hypothetical HIV-positive person and not about Doe himself; that the ADA Amendments Act of 2008 did not apply to this case because Doe's exclusion from the camp occurred before the Act's effective date; and that the day camp did not have sufficient time to fully research Doe's HIV or provide reasonable accommodations before the first day of camp because it lacked medical expertise.