Runnion v. Girl Scouts of Greater Chicago, No. 14-1729 (7th Cir. 2015)

Though this case does not specifically involve HIV, the Appeals Court’s opinion is relevant to federal disability anti-discrimination work.

Filed by a parent on behalf of her minor child, this appeal presents substantive issues concerning the scope of the federal Rehabilitation Act’s coverage of private organizations that receive federal funding. The plaintiff, who is deaf, had been active in a Girl Scout troop run by defendant Girl Scouts of Greater Chicago and Northwest Indiana. For several years the Girl Scouts had provided sign language interpreters allowing her to participate fully in the troop’s activities. The Girl Scouts then stopped providing interpreters and when her mother complained, the entire troop was disbanded. 

In her lawsuit Megan argued that the Girl Scouts had violated the Rehabilitation Act by refusing to provide her with sign language services and then by disbanding her troop because her mother complained. The district court ultimately dismissed the case, finding that Megan had failed to allege sufficiently that the Girl Scouts are subject to the Rehabilitation Act. The Court of Appeals reversed that ruling, finding that the district court incorrectly dismissed the entire case without giving plaintiff an opportunity to amend her complaint. Thought the district court corrected that error in part by vacating its judgment it erred again by refusing to allow a proposed amended complaint that the Court of Appeals said was more than sufficient to state a viable claim for relief.