Excluded Again: A 14-year-old and Boy Scout Troop 223
May 23, 2008 by Kristina Chew, PhD
Filed under Health
Discussion/debate/dissent about Adam Race and the parish of St. Joseph’s continues—–and here’s another case involving an autistic child and a discrimination suit. Over a year ago, the parents of 14-year-old Casey Reilly, who has Asperger’s, filed a lawsuit against Pacific Palisades Boy Scout Troop 223. As reported in the May 22nd Palisadian Post:
The parents, Palisades residents Jane Dubovy and Mike Reilly, argue that Boy Scout Troop 223 violated the Americans with Disabilities Act (ADA) when the Scout leaders excluded their son, Casey Reilly, from a week-long scouting trip, which prevented him from advancing in rank.
In October 2006, Federal District Court Judge S. James Otero dismissed the case, ruling that the Boy Scouts is a private club that does not have to comply with ADA, which became law in 1990. ADA prohibits discrimination on the basis of a disability, but private clubs and organizations are exempt from the law.
Last Thursday, [Christopher] Knauff [Dubovy's and Reilly's attorney] argued that a 2001 case mandated that a private organization, the Professional Golfers’ Association, follow ADA and, therefore, that could apply to the Scouts.
‘They don’t meet the definition of a private club,’ Knauf said, arguing that Troop 223 is open to every boy of a certain age in the community, and this is the only restriction. Reilly met all the requirements, but when his disability became an issue, he was excluded, Knauf said.
In 1993, the U.S. Court of Appeals for the Seventh Circuit ruled that the Boy Scouts is a private club that is exempt from the Civil Rights Act, which also means it doesn’t have to follow ADA, attorney Carla Kerr countered.
The dispute goes back to 2005, when Mike Reilly was unable to attend a seven-day trip with Casey. Casey’s teenage brother offered to go, but the troop leader did not allow this. Casey had to go on the trip to be eligible to be an Eagle Scout. Afterward,
….one of the troop leaders e-mailed Reilly’s parents, citing their son’s disability as an obstacle in his participation, and saying their son would not advance, but could start again as a first-year Scout.
Attorney Kerr says that Casey has “outbursts where he spits, kicks and swears at the other children”; attorey Knauf noted that these behaviors “would not change because of his autism” and that Casey had the right to advance to Eagle Scouts with his friends. As in the case of Adam Race, it’s the things that he does that are challenging (some would say “disruptive” and even “dangerous”) that are emphasized, rather than what he can do as a part of the troop; rather than his strengths and abilities.
If Casey’s parents lose the case, they can still appeal to the Supreme Court—-so we might be hearing more about this case as another test for disability rights.
Boy Scout Oath or Promise
On my honor, I will do my best
To do my duty to God and my country and to obey the Scout Law;
To help other people at all times;
To keep myself physically strong, mentally awake and morally straight.
——————————
Boy Scout Law
A Scout is:
Trustworthy,
Loyal,
Helpful,
Friendly,
Courteous,
Kind,
Obedient,
Cheerful,
Thrifty,
Brave,
Clean,
and Reverent.
————————–
Boy Scout Motto
Be Prepared!
————————–
As a former boy scout (and Eagle scout), I am very disappointed that this troop couldn’t seem to live up to the ideals it supports.
But I don’t exactly understand why he needed that trip to make Eagle (was it to get a certain merit badge?). And why they wanted him to start over if he couldn’t go on this trip (you have until you are 17 to make Eagle).
Joe
When I was growing up, the Boy Scouts had a pretty much untarnished image and a great organization.
No longer so. In recent years, the organization has made it quite clear that it is entirely intolerant of both sexual diversity (it discriminates openly against gays) and religious diversity (it excludes those who won’t profess belief in God). So it doesn’t surprise me that it is now discriminating against the disabled.
At this point, I would not allow my son to join this organization. I don’t even let them recycle my Christmas trees anymore!
Next the parents of Casey Reilly will be suing the
International Olympic Committee.
The parents contend that he should be allowed to compete against the world’s finest athletes in every event, even though Casey cannot perform in any event.
The Reillys contend that it is discrimination that prevents the Olympic Commitee from awarding Casey the gold medal in events such as diving and javelin.
Even though Casey hasn’t actually ever performed any of the events ever, the Reillys say that their child shouldn’t be excluded.
I say, Mr and Mrs Reilly, take your child and go away.
Well, Oscar Pistorius already won his ruling to compete in the Olympic trials………..
Why are there suddenly so many trolls wandering around?
Club 166, those are good questions. It’s unclear. Is there no accommodation possible here? Why does he have to start all over?
Tarnished image indeed. Our sons were involved in Cub Scouts and Boy Scouts, the youngest was very close to Eagle Scout requirements when the Boy Scouts adopted the intolerance policies regarding sexuality and religion at which point he and several other boys dropped out in protest.
Excluding this boy from the Boy Scouts in inexcusable. No question.
Competing against world class athletes? As with all competitions one has to reach a certain level to continue and move up. If Casey reaches that level it would be self-evident as it would be if he does not. Asperger’s has nothing to do with that.
In this situation there are very reasonable accomodations that could have been made. If it was just a matter of their concern that they wanted a parent along for the week long trip, rather than a teenager, then why wouldn’t there be other options to earn Eagle Scout. Why make him start at the beginning?
From: One of the Trolls (not very nice or inclusive title)
I wasn’t referring to you, dear. Had you even posted on this comment thread yet when I made that observation?
The Scouts are getting a tarnished image. The only way to fix that is either from the top down or from within starting at the bottom. Kids who don’t hold those beliefs coming up through the ranks. Either the organization will hold or it won’t. Efforts to draw tighter circles of intolerance don’t do very well as time marches on. It just means that the circles get smaller and smaller until there’s no one left inside of them. The BSA probably doesn’t want that.
Re William: some people just don’t understand.
It seems to me in this case that what the Reilly’s offered as an alternative (having their son go in place of the Dad) is more than reasonable – I don’t understand why the Boy Scouts would not allow it.
Definitely one worth watching – it will have ramifications beyond inclusion of those on the autism spectrum.
Linda: 3 cheers for your sons!
I was thinking the same things as Eleanor. There is no way I would encourage my sons to participate in such a discriminatory organization. The latest does not surprise me at all.
The article states,”…Scout leaders excluded their son, Casey Reilly, from a week-long scouting trip…”
“…(the father)Mike Reilly was unable to attend a seven-day trip with Casey.”
In other words the father wanted the Boy Scout Troop leaders to be legally and physically responsible for his special-needs son for seven days and they quite rightly declined.
“Casey’s teenage brother offered to go, but the troop leader did not allow this.”
Casey’s brother is a teenager, a minor that cannot legally be responsible for another child.
If anything had happened to Casey, the troop leaders would have been legally responsible.
Why should they take the risk of being responsible for a child with a medical condition that they have no training to cope with.
Read the article and see that what the father was asking them to do was unreasonable and ridiculous.
If the scout group was willing to accomodate their son up until this point but were unwilling to take responsibility for him in a risky setting (woods most likely with water danger) because his father couldn’t attend I’d have to say-no harm no foul.
Scout leaders are volunteers but also legally liable for their charges at all times.
Unless the parents were willing to hire another adult experienced in monitoring an autistic child to take their responsibility for insuring the child’s safety in a dangerous setting and that offer was snubbed as inadequate I’d just have to say: Sorry dad, maybe next time your schedule can accomodate going on the campout.
Troop 223 is notorious for their unorthodox rules. Ask any scout troop on the west side if they have heard of 223 and if they have the cringe on their face will tell you the whole story.
Shame on 223 for once again tarnishing the good name of scouting.
I hope this lawsuit brings the troop to the for front of the Council’s attention and serves as grounds for a major shake up if not a charter revocation.
Signed a 25 year west side scout veteran!
I have a similar issue with my troop, and let me tell you there are no easy solutions.
We have a scout whose autism and disruptions have been getting worse and worse. The Dad wants to help, but he is not trained and often when he is there the situation escalates to higher levels of melt-down.
We want to support this scout, but the patience of everyone is wearing very thin. The family can’t afford to hire a qualified handler and the troop can’t afford to have our outings and meetings continually dissolved into chaos.
It’s all coming to head right now and I hope it doesn’t end up in the courts like this did, because that would probably be the end of our small troop.
There is no possible camping trip that would be “make or break” for the Eagle Award.
No boy has to “start over at the lowest rank”.
I can believe the boy may have been asked to leave.
As a boy if I was spit upon, kicked or cursed at I would have left. Must the Troop leave to be safe from Casey?
We have boys that are on the spectrum in our Troop but when they hurt other kids the buck has to stop someplace.
There is no position to fill for a boy to be Casey’s whipping boy that day.
I will give you a mile but if you hurt the other kids and your Dad or Mom isn’t there to control you, you simply cannot go on the trip.
How many of you people that comment here have been told to “F^_)$#K off” by a boy. I would bet none of you have.
It’s easy to second guess the people actually doing the work.
This one is in the hands of the court now, but I found a story with a few more details that I did not get from the current newsstory, such as the father’s history of being an assistant Scoutmaster, some additional backstory, and narrative from troop 223’s Scoutmaster’s point of view.
Palisadian Post
September 07, 2006
I am afraid that I must err on the side of the scout troop here as well… if everyone in this situation would take a step back and look at this situation, I feel that you could see it is not an issue of inapropriate discrimination. The original story (Palisadian Post) on the situation let everyone know that the prior arrangement with Casey’ parents was that the father, or I assume, the mother as well, must accompany him on the trips as the boy’s recognized authority figure.
Beyond the father seemingly violating, assuming as I must from a simple reading of the stories here, this prior agreement, this is a question of relationships. The parents here are asking the scout leadership of the troop to provide leadership to a boy with whom a very special relationship is required to be an effective authority figure. This is why the father fills that role so admirably. This is why the scout leadership asked the father, as a prior condition of Casey being allowed to participate with the troop, to accompany Casey.
There are too many thoughts on this to completely write effective opinions here, but I will say, for someone who has limited experience working directly with special needs children, the one thing that I see clearly is the relationship required to work with them because of the child’s unique gifts and challenges. This is why para-educators are required in classrooms.
Please, Kristina Chew, take a step back, and realize that most of us do not have the gifts and personality you do to work directly and effectively with these special needs children. There is a huge difference between trying and succeeding. The troop leadership here needs to be recognized for their desire to accomodate Casey on a controlled basis, which it would seem that he needs to get the greatest benefit from the program. Please do not hurry to be so condemning to the rest of the world who also have many challenges being effective parents and scout leaders. And please be more careful stating facts about programs when the details of the Eagle Scout rank can be confusing.
I wish the best for Casey, that he would eventually earn his Eagle Scout rank… that is a grand accomplishment for anyone, much less a person in his position!
Cal
The Boy Scouts have policies of inclusion and accessibility but they are not enforced. We need a national clearing house of information of Boy Scouts and ADA violations. There is a case in Florida, Rasmussen v. Central Florida Council where the Court found that the Boy Scouts had some ADA liability.
Perhaps it might be well for organizations like the Scouts to seek ways to reach out to kids on the spectrum and think about how they might work with the kids, and with their families, to include them?
Troop 223 has a right to exclude him. In dangerous forest settings he would attack other boys. He was a DANGER to other scouts.
As the mother of an autistic-spectrum child I can’t understand why these parents would want to send their child on a trip he does not have the social skills to handle. Try working with the troop or offering to provide a shadow. What would you do if he wandered off or hurt himself or somebody else, sue the troop?
Scouting For All was created for just this reason. We are mostly Eagle scouts who love scouting but hate discrimination. There is no reason that a boy needs to start over for missing a camping trip. The troop is out of line there. The parents, if they had known that should not and probably would not have responded as they did. The major problem here is communication. The scoutmaster should have stated that he could not take the responsibility for a week. On another note BSA does discriminate on the basis of religion and sexuality. Check us out at www,scoutingforall.org. We are an advocacy organization doing community outreach to press the BSA to do the right thing for all boys.
I believe I can help shed some light on this situation. I recently attained the rank of Eagle Scout and know that the troop was wrong in their additional requirements. In addition, the parents were wrong as well because they proposed an option that would have left the troop legaly responsible not only for Casey, but for his teenage brother as well. I also have a unique perspective on the situation because I have been involved in three different troops; all of which had someone who was on the spectrum. And what I can tell you is that each troop handles these cases differently based on the adult leadership they have available. If a troop who did not have the properly trained volunteers let him go on the campout, or modified the campout by changing the activities or location then it would have been taking from the experience of the other kids.
By the way, to everyone who has said they will not contribute or allow participation based on discrimination, I can tell you that it is not the fault of the kids; so why hinder their efforts at becoming a better person? If you truly cared enough to respond to this feed then you could have easily joined a troop committee and allowed gays and disabled kids in the troop (I was in one such troop). And instead of boycotting the Boy Scouts you should have stayed in and become a high ranking person in nationals where you can effect policy change, not becoming just another statistic in their books.
“Our sons were involved in Cub Scouts and Boy Scouts, the youngest was very close to Eagle Scout requirements when the Boy Scouts adopted the intolerance policies regarding sexuality and religion at which point he and several other boys dropped out in protest”
Another oxymoron post. Oh well, you can’t argue with an idiot.
Reading the story on the palisadespost website both the parents and the troop are wrong.
BSA rules state that troops can’t add to the requirements for advancement. Making this trip a requirement to advance is against BSA policy. PERIOD.
The parents are being ridiculous for expecting other VOLUNTEER parents to take on their son’s problems for a week.
Instead of filing lawsuits the parents should have complained to BSA National about the additional requirements. If that didn’t work they could have looked for another troop in the area or registered their son as a lone scout. Better yet, they could have started a brand new scout troop specifically catering to boys with difficulties. But hey, whining and filing suit is a lot easier for a lawyer parent, isn’t it?
There is no requirement for a Scout to go long term camping to attain the rank of Eagle Scout.
Please, before you make any decisions on this poorly written blog, please read the facts.
http://www.scoutingmagazine.org/issues/0609/a-boys.html
http://usscouts.org/netresources/autism.htm
Or visit the Boy Scouts of America’s website, scouting.org.
Or call your local Scouting Council office.
Because this article is pure bunk.
The Boy Scouts of America is a leading organization in terms of helping boys with disabilities.
Anyone who says otherwise is selling something.
Do they have an anger management badge? Or at least pablo should be required to relinquish his reading badge, as the article clearly states that the father or brother agreed to go on the trip with him.
Maybe his behavior is a result of bullying from fellow scouts.
That you would not allow your son to join the Scouting program says more about you as a parent than it does about the Scouting program.
The Scouting program is working very hard to make the program accesible to boys with disabilities.
I invite you to visit http://www.yccbsa.org/program/BoysWithAutismCanThriveinScouting.pdf
This is not about politics, it’s about people. Autism is not an easy affliction to deal with. It’s much easier to help a boy in a wheelchair.
I have seen scout leaders do things to help boys in wheelchairs that would inspire even the staunchest ACLU thug.
I also ask that you visit imtyler.org.
Do this before you pass judgment on an entire organization.
The story you are reading above is not the whole story.
But to many, the whole story does not matter.
These people are doing more harm to our nation than any disease ever could.