Deaf Teen Sues Girl Scouts Regarding No Sign Language Interpreter

A federal appeals court recently ruled that a deaf teenager has the right to file suit against the Girl Scouts for neglecting to offer a sign language interpreter. This right exists under the federal Rehabilitation Act. A federal district judge initially ruled that the statute has no application to an organization that is based on private membership. However, the 7^th U.S. Circuit Court of Appeals held that the statute does not exempt such organizations.

Megan Runnion is 15-years-old, and was an active member of the Girl Scouts of Greater Chicago and Northwest Indiana for several years. She became a member of the Girl Scouts while she was in kindergarten, at which time her mother asked that an interpreter be made available at Scouting events, and the Girl Scouts complied with her request. Her participation was possible because a sign language interpreter was provided by the organization.

However, Megan and her mother were later informed that the “council does not pay for these services.” And then the Girl Scouts ceased providing interpreters, at which point the teen’s mother complained. The organization then dissolved the entire troop. The mother was later told by the leaders that the reason the troop was disbanded was that the cost of an interpreter placed an excessive amount of limitations on the activities of the Girl Scouts.

Megan’s mother then filed suit against the Girl Scouts, alleging that the organization violated the Rehabilitation Act, which states that a program that is the recipient of federal funding shall not exclude a disabled individual because of his or her disability.

Getting Her Day In Court

The proposed amended complaint claims that the Girl Scouts are a private organization that is mainly concerned with the provision of services outlined in §794(b)(3)(A)(ii), which includes “education, health care, housing, social services, or parks and recreation.” The judge ruled that although private membership organizations are exempt from similar statutes, the Rehabilitation Act holds no such exemption for private entities.

According to the complaint, there were many examples in which the Girl Scouts described its organization and its programs as educational. It is important to note that the appeal does not comment on whether the Girl Scouts is required to provide sign language interpreters, under the Rehabilitation Act. The appeal deals with the issue of whether the teen’s allegations are sufficient in that the Girls Scouts activities, from which she was barred, are included in the Rehabilitation Act because the organization receives federal funding. Since the appeals court determined that the Girl Scouts falls within the realm of the Rehabilitation Act, the teen’s case can go forward.

As stated by one of the attorneys representing the girl and her family, “people aren’t supposed to pay for their accommodations.” Under federal law, nonprofits and businesses that serve the general public are required to provide accommodations for people with disabilities, including those who are hearing-impaired. However, organizations may not have to adhere to this requirement if they can show that the accommodation would cause the organization to be “unduly burdened.” According to the Chicago Hearing Society, the average cost of hiring an interpreter in the Chicago area is within the range of $55 and $60 per hour, and during evenings and weekends, the cost may be even be greater.

It seems only just that since the girl’s mother requested an interpreter, and the Girl Scouts agreed to provide one, the organization should uphold its promise, and continue to supply this much-needed service. A hearing-impaired teen should not be deprived of the opportunity to be with her friends in Girl Scouts, and the educational benefits that are often associated with that organization.