When Erika Ganier took 11-year-old Nicho Farardo to the Pumpkin Patch in California, she was ready to have fun with the little boy.
She was so excited to play games with him, pick out the perfect pumpkin, and eat the yummy snacks there.
But first things first, Nicho wanted to go jump in the bounce house. So Erika brought him there where he had so much fun jumping around.
Unfortunately, his fun times were cut short when an employee approached Erika.
They told Erika that Nicho wasn’t allowed in the bounce house because “kids like him” have been hurt. Erika was furious since Nicho was the only one who was being kicked out.
“I am furious!” Erika told CBS Los Angeles. “I couldn’t even believe what was happening.”
Erika believed Nicho was being singled out because he had Down Syndrome. She assured them that there was no safety issue and she was right there should anything happen. But the employee would not budge and asked them to leave.
“The other children are running around and jumping and we have to leave,” Erika said.
Nicho had already forgotten about what happened but his parents were still outraged at the discrimination that their son received.
“That’s not right what they did… They discriminate against him,” Nicho’s father said. “Why? because he has a disability or he has special needs?”
And to add salt to their wounds, Maria, Nicho’s mother, said they received a call from the manager of the pumpkin patch. They apologized and told her that they could come again with Nicho but they had to call ahead of time.
“You make arrangements for him to be, a day ahead of time, to where it’s not busy because you now how kids are bullies and stuff,” the manager said.
But Maria believed they were missing the point.
“I told (the owner) that was still incorrect,” Maria said. “He should be able to go whenever he wants. There should not be a ‘special day’ for him.”
Sandra Baker of the Down Syndrome Association of Los Angeles agreed with Maria.
“There’s no legal reason that you could possibly do that, exclude a child from participating in any activity,” Sandra Baker said. “He could have a day where it’s specifically for children with disabilities but you also have to welcome them any day, any day that you have an activity.”
And that’s also what’s stated on the American with Disabilities Act. In Title III, Subpart B 36.202 about Activities, it says,
Denial of participation. A public accommodation shall not subject an individual or class of individuals on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements, 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 a place of public accommodation.
It is also stated in the Act that a public accommodation is not allowed to provide a good, service, facility, privilege, advantage, or accommodation that is not equal to that afforded to other individuals. And they also cannot provide a good, service, facility, privilege, advantage, or accommodation that is different or separate from that provided to other individuals.
Maria said her family wanted to share their story because they wanted an apology from the establishment.
And they also wanted to spread more awareness about Down Syndrome, especially during October Down Syndrome Awareness Month.
Watch the video below to learn about what happened and share with everyone you know to learn more about Down Syndrome.
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