Earlier this year, several families filed a lawsuit alleging that one of Charlotte’s largest and most prestigious day care centers–an affiliate of a major Charlotte megachurch–had discriminated against them because their kids were disabled or staffers thought they were disabled. Well, these families will have their day in court after all. A North Carolina judge largely sided with the families and rejected the church’s attempt to toss out the suit.
Calvary Child Development Center has long ranked among Charlotte’s premier day care centers. It’s an affiliate of Calvary Church, a megachurch best known for its pink building in south Charlotte. However, six families allege that there’s a dark underside to that pink building. Their lawsuit contends that the center and its longtime director, Pat Collins, have little time for kids who have medical conditions, are disabled or are suspected of being disabled.
In January, two families sued Calvary, alleging that it had illegally pushed their kids out on account of their medical conditions. One child, Lucas Dunning, has abdominal migraines; his parents, Jon and Lucy Dunning, say that Collins threw Lucas out because teachers were “uncomfortable and scared” of his condition. Another child, Francisco Borjas, has Type 1 diabetes. His parents, Luis and Amaya, say that Calvary made no effort to help them manage Francisco’s diabetes, and booted him out even after Luis offered to donate the funds needed to hire a school nurse.
A month later, they were joined by Liz Brundage and Carmen Shaw. Brundage’s son was forced out after a teacher “diagnosed” him with ADHD–something that no one who works with children should ever do. Shaw wanted to put her son in Calvary’s summer camp because of his developmental problems, but Collins placed him in the regular program instead before kicking him out.
They have since been joined by two other families. One mother, Serena Kelleher, says that a teacher at Calvary constantly berated her daughter, Sophia, and even went as far as to suggest she had ADHD. A doctor later gave Sophia a clean bill of health. Their lawyer, Joshua Van Kampen, obtained affidavits from 10 other families alleging a pattern of discriminatory behavior dating back to 1989–including kids who were kicked out or denied admission for having prosthetic legs, nut allergies, and developmental delays. Van Kampen contends that Calvary’s behavior is a blatant violation of both the Americans with Disabilities Act and the North Carolina Persons with Disabilities Protection Act.
Calvary tried to have the lawsuit thrown out at a hearing in April. At that hearing, Van Kampen and his team dropped a bombshell–one of the parents claimed Collins had told him that she had no time to attend to kids’ extensive medical needs. Rather, its sole focus was preparing kids for Charlotte’s blue-ribbon private schools.
On Friday afternoon, Gaston County Superior Court Judge Jesse Caldwell issued a ruling that can only be described as devastating for Calvary. He tossed out the affidavits from the families not named in the suit, and also struck out a number of allegations and photographs. However, he allowed the plaintiffs to file an amended complaint that not only includes the discrimination claims, but also alleges fraud, breach of contract, deceptive trade practices, and negligent infliction of emotional distress.
The plaintiffs want to force Calvary to comply with federal and state laws requiring “reasonable accommodations” for disabled people, hire a school nurse during day care hours, and retrain staff on their ADA obligations. In a statement, Van Kampen says that the families will now move forward with discovery, which he says will not only uncover “a pattern and practice” of discrimination against the disabled, but will also prove that Calvary “fraudulently concealed that practice from public view.” Under the circumstances, Van Kampen hopes that Calvary will have the good sense to change its ways on its own.
Kelleher buzzed me on Friday afternoon with the happy news that this suit will go on. As she sees it, the mere fact this lawsuit is underway is “already a victory,” because “the warning is out there” that all is not what it seems inside the pink building. I can only agree. In the absence of something I haven’t heard or seen, Calvary’s only chance of winning was to get this lawsuit thrown out. Most people either know someone who has diabetes or ADHD, or knows someone who knows someone who does. Hearing that a day care center either turns people away or gives bogus diagnoses of ADHD won’t play well with a jury.
(Featured image from Calvary Church’s Facebook)
