Legal Case Summary
Nature of the Case (Facts)
The parties of this lawsuit are Greater Toledo YMCA daycare programs as the defendant and Melissa Burriola, Jordan Burriola’s mother, as the complainant. This dispute states that Jordan was unlawfully and wrongfully dismissed from the daycare because he was disabled. First, Jordan is an eight-year-old kid with autism, which was appropriately stated the first time he visited the daycare. It was reported that during Jordan’s stay at the daycare, he never received the care required to assist him. His mother’s wish was to make her son’s (Jordan) transition easier and safe for everyone involved, particularly Jordan. Melissa strived to work closely with the staff and other people involved in his care for perfect growth.
Issues
The primary legal question in the case of Melissa Burriola and Greater Toledo YMCA daycare is, “Can the YMCA daycare make any changes by providing proper training to the personnel working with kids with autism?” The problem is that nobody was guiding or training the employees on handling and working with kids with autism. The plaintiff, Melisa Burriola, managed to plan a training session that would be offered to counsellors and staff on “how to” be knowledgeable and work with and care for children with autism disability.
Holding (Decision)
The complainant, Melissa Burriola, had made a clear decision by providing evidence to demonstrate that Jordan never received the necessary assistance for his autism disability. For example, one of the counsellors who participated in the ADA training stated that the former Calvary site Director, Jerry Kelly, told the staff to refrain from employing any necessary assistance to Jordan (Burriola v.Greater Toledo YMCA, 2001).
Rule of Law
The statute of law declared on this issue was “Title III of the ADA”, which states a universal ban on prejudice founded on one’s incapacity by place of public accommodations. According to Burriola V. Greater Toledo YMCA (2001), for example, 42U.S.C. § 12182 (a) Categorically states, “It shall be discriminatory to subject an individual . . . based on a disability . . . to a denial of the opportunity of the individual or class to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of an organization.”
Legal Case Summary
Section A(i) of the law states that for subsection (a), prejudice or discrimination consists of “failing to make judicious adjustments in performs, procedures or policies, yet such changes are vital to pay for such services, goods, advantages, rights or housings to people with incapacities except when the organization can show that executing such changes would primarily affect the nature of such services, goods, privileges accommodations, amenities or benefits” (Burriola versus Greater Toledo YMCA, 2001).
Reasoning
The conclusion of this case was founded on the plaintiff’s evidence concerning the YMCA daycare’s failure to offer assistance and necessary services to support Jordan’s disability, regardless of her mother giving all the support needed to help the school keep her child. Additionally, the court granted the complainant’s proposals and directed that the daycare make the required changes and accommodations to support and help ADA. Some of the changes include;
The agents, employees and defendant will have to make all the required changes.
All staff and counsellors should be trained in handling ADA, which should be free.
Jordan will be re-enrolled into the YMCA daycare and be provided with the necessary support.
Application to Advocacy and Legal Decision
Stader (2013) notes that reading and examining lawful cases can help make better legal verdicts or even advocate for instructive changes, social justice, or reforms in childcare organizations or public institutions to ensure equality in all learning settings. Secondly, it aids in ensuring that no learner is discriminated against in any learning environment. Lastly, it enhances togetherness and diversity by ensuring that educators and school administrators support all learners and execute needed changes to accommodate learners with disability without abandoning or being biased.
References
Burriola v. Greater Toledo YMCA (W.D. OH 2001). https://www.wrightslaw.com/law/caselaw/2001/OH_burriola_toledo_ymca.htm.
Stader, D. L. (2013). Law and Ethics in Educational Leadership (2nd ed.). https://www.vitalsource.com.
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Question
For this assignment, you will summarize a judicial decision. The goal of this assignment is to support you in the practice of reading a legal document and communicating your understanding of the decision. Please use the following template which highlights the elements that should be included in a case summary. The key is to systematically arrange related parts of the decision that are often scattered throughout the written judgement, assimilate the information, and make it manageable.
Legal Case Summary
After reading Burriola v. Greater Toledo YMCA (2001), use the following template to answer the guiding questions for each section.
Link to Burriola v. Greater Toledo YMCA (2001): https://www.wrightslaw.com/law/caselaw/2001/OH_burriola_toledo_ymca.htm
Nature of the Case (Facts):
Identify the parties to the lawsuit.
Articulate their dispute in your own words, including the few important facts necessary to understand the case (e.g., the time of day a defendant was arrested is usually not important).
Issue:
State the basic legal question that is to be decided in the case. (Hint: The issue of the case is usually easy to spot). An example of an issue would be whether police officers can legally enter a home to search when they hear someone yelling for help.
Holding (Decision):
Summarize the basic answer to the basic legal question in the case.
Rule of Law:
State the rule of law announced in the case. A court first must announce a specific controlling principle of law (e.g., the court’s interpretation of a constitutional provision, not the constitutional provision itself) that applies to the issue in the case. The rule itself must be quoted because every word matters: there is a significant difference between “a” and “the” or between “may” and “must.” The rule of law is often only one or two sentences.
Reasoning:
Summarize the reasons behind the court’s decision. It often traces the history of the law at issue. In the reasoning, the court often cites other cases’ legal precedents or explores legislative intent to explain and justify its holding. In the reasoning, the court will also use its own interpretation of the rule of law to support its conclusion.
Application to Advocacy and Legal Decisions:
Assess how the practice of reading and analyzing legal cases can be used to help you make legal decisions or advocate for educational reform or social justice in a public school or childcare institution.