Published January, 2012

Smith v. Milton Hershey School, Motion to Transfer Venue, U.S. District Court for the Eastern District of Pennsylvania, The Milton Hershey School (Jan. 28, 2012)

This motion to transfer was filed January 28, 2012 by the Milton Hershey School in Hershey, Pa., in relation to a case brought against them alleging violations of multiple anti-discrimination laws for refusing to enroll a 13-year-old pupil because he has HIV. The plaintiffs, represented by the AIDS Law Project of Pennsylvania, are seeking relief under Title III of the Americans with Disabilities Act of 1990, and applicable state law. This motion to transfer venue requests that the case be moved to the U.S District Court for the Middle District of Pennsylvania. The School argues that because the school, and those who made the decisions at issue in the case, are located in Hershey, PA, the venue should be moved to accommodate their location and uninterrupted work at the school. The motion argues that while the current venue- which is near Smith, his family, and doctors- may be proper, it is not convenient to the defendants.