TURNERS FALLS — The U.S. attorney’s office and the Young Shakespeare Players East children’s theater group have settled allegations that the theater company violated federal law by not providing reasonable accommodations for an Amherst boy with a severe peanut allergy.
Another part of the complaint involved an allegation that another child was excluded from the program for advocating for the child with the allergy.
“Children with disabilities should be able to pursue their interests and participate in a full range of programs and activities,” said acting U.S. Attorney William D. Weinreb. “Whenever necessary, reasonable modifications under the Americans with Disabilities Act must be provided to ensure that all children can take advantage of educational opportunities.”
In 2016, the Department of Justice found that company founder and director Suzanne Rubenstein had violated the ADA by not making “reasonable” accommodations for Mason Wicks-Lim, then 11, of Amherst. Mason was enrolled in the youth theater program in Montague.
His mother, Ali Wicks-Lim, wanted assurances that adult staff present would administer an EpiPen if her son had an allergic reaction. Rubenstein agreed to have adult volunteers take instruction on how to use the EpiPen, but said the company could not guarantee that an adult would be present around Mason at all times.
As a result, his mother declined to sign a waiver of liability, which is required by the group, and she filed a complaint in federal court.
The U.S. attorney’s office determined the theater group discriminated against a child with a disability as a result of a peanut allergy, by failing to make reasonable modifications to its policies.
Ali Wicks-Lim said the DOJ’s recent findings that the theater group violated the act “was a vindication for our children.”
The settlement requires Young Shakespeare Players East to implement a non-discrimination policy in which reasonable modifications will be considered and provided to participants with disabilities. It also requires the theater group to conduct appropriate training for adult volunteers.
According to a statement from Rubinstein, the theater group “vigorously contests the allegations,” but is to “formally adopt policies with which it already complies” and meet some short-term reporting requirements.
“YSPE believes strongly in the values and principles of the Americans with Disabilities Act,” Rubinstein said. “I don’t know of another organization our size that has done more than YSPE to embody these values in real-life programs and performances.”
The youth group’s attorney, Frank DiPrima, said that by settling, “This tiny organization avoids contesting a costly Department of Justice law suit in federal court about principles on which there is no fundamental disagreement.”
Wicks-Lim said that “that vindication of the right to inclusion came at a huge personal cost to our children and families.” She said complaints about the incident are still pending with the Massachusetts Commission Against Discrimination.
“In the meantime, both children (Mason Wicks-Lim, and his friend, Sam Picone-Louro) involved with the case have received awards from national and local disability rights groups, for their work on behalf of people with disabilities,” said Wicks-Lim. “It is not easy work, but all civil rights struggles are difficult for those who are actively fighting for inclusion.”
The Young Shakespeare Players was founded in Wisconsin in 1980, but has added a New England chapter, which is based at the Shea Theater. According to its website, Young Shakespeare Players East is a nonprofit organization with no paid staff and no overhead. It’s for youths, ages 8 to 18.