Day Care In Plant City Settles Claim To Improve Access To Day Care Services For Children With Disabilities

Tampa, Florida – United States Attorney Gregory W. Kehoe announces that the United States Attorney’s Office for the Middle District of Florida has reached an agreement with Autumn Leaf Academy, Inc., a day care center in Plant City, Florida that provides child care services for children ages 12 months to 12 years old, to settle allegations that it violated Title III of the Americans with Disabilities Act (ADA).

The United States Attorney’s Office opened an investigation into Autumn Leaf Academy after receiving a complaint from the parents of a child with Down syndrome, alleging that, in November 2022, Autumn Leaf Academy refused to enroll their daughter because she uses a gastronomy tube (i.e., “G-tube”) to eat. As a result of the investigation, the United States determined that Autumn Leaf Academy violated Title III of the ADA when it discriminated against the child and her parents, because of the child’s disability, by denying them the opportunity to participate in and benefit from its day care services. Specifically, Autumn Leaf Academy applied eligibility criteria that screened out the child and failed and refused to make the reasonable modifications to its policies, practices, or procedures that were necessary to afford her its services.

Under the terms of the settlement agreement, Autumn Leaf Academy must: adopt, maintain, and enforce a non-discrimination policy regarding the prohibition of discrimination on the basis of disability, and post such policy on its website; provide training to all personnel on all policies, practices, and procedures required under the settlement agreement, as well as the non-discrimination requirements under Title III of the ADA; designate and maintain a compliance monitor to ensure Autumn Leaf Academy complies with the terms of the settlement agreement; submit regular compliance reports to the United States; report any complaints received alleging Autumn Leaf Academy discriminated on the basis of disability to the United States; and pay the child’s family $2,000 in compensatory damages.

This case was handled by Assistant United States Attorney Alexandra N. Karahalios.

Title III of the ADA prohibits public accommodations, including private day care centers, from discriminating against individuals on the basis of disability in the full and equal enjoyment of their goods, services, facilities, privileges, advantages, or accommodations (“goods or services”). In general, Title III prohibits public accommodations from subjecting an individual on the basis of disability to a denial of the opportunity to participate in or benefit from its goods or services. Specifically, a public accommodation shall not impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods or services being offered. A public accommodation must make reasonable modifications in policies, practices, or procedures necessary to afford an individual with a disability the goods or services of the public accommodation. Title III also prohibits public accommodations from discriminating against an individual because of the known disability of an individual with whom the individual is known to have a relationship or association, such as the parents of a child with a disability.

Individuals who believe they may have experienced discrimination may contact the Civil Rights Unit of the United States Attorney’s Office for the Middle District of Florida by calling our Civil Rights Hotline at (813) 274-6095 or emailing us at USAFLM.Civil.Rights@usdoj.gov. To fill out our civil rights complaint form, please visit https://www.justice.gov/usao-mdfl/civil-rights-complaint-form.

The Attorney General is authorized to investigate alleged violations of Title III of the ADA and to bring a civil action in federal court if the United States is unable to secure voluntary compliance in any case that involves a pattern or practice of discrimination or that raises issues of general public importance. Ensuring that day care centers do not discriminate against children with disabilities is an issue of general public importance.

For more information on the ADA, visit www.ada.gov or call the Department of Justice’s toll-free ADA Information Line at (800) 514-0301 (Voice) or (833) 610-1264 (TTY). Accessibility specialists are available to answer questions from individuals, businesses, and state or local governments. All calls are confidential.