September 2012 - Parks & Recreation - 31

practice, she alleged she was " verbally
attacked " by Cole who told her on numerous occasions that, if she did not get back
in the pool, she would be kicked off the
swim team. S.S. claimed one or more other swim team members with disabilities
were able to exit the pool during practice,
without being reprimanded and/or threatened of being kicked off the swim team.
In addition to experiencing anxiety
attacks during swim practice, S.S. experienced severe anxiety attacks at
swimming events. In particular, she experienced a severe anxiety attack at a
time trial on or about September 10, 2009,
which caused her to get out of the pool
and run to the restroom to ease her anxiety. In response, Cole allegedly told S.S.'s
guardians that " she did not get paid to baby-sit, " and that S.S. was in jeopardy of
being cut from the swimming team if she
kept getting out of the water.
S.S. also experienced a severe anxiety
attack at a swim meet on or about October 8, 2009, which caused her to lose her
self-composure. In response, allegedly
Cole told S.S., " [i]f you cannot compose
yourself, go out with your Dad. " On numerous occasions, Cole said she could
tell when S.S. was " faking anxiety, as opposed to having real attack. "

school district argued S.S.'s ADA claim
should be dismissed because S.S. had
failed to demonstrate that " it was possible to make reasonable accommodations
for Plaintiff S.S.'s disability. "
As noted by the court, to assert a claim
under the ADA, S.S. had to allege and

ultimately demonstrate that (1) she has a
disability for purposes of the ADA, (2) she
is otherwise qualified for a benefit that she
was denied and (3) she was denied that
benefit because of her disability. Further,
the court noted that such " otherwise-qualified individuals must be given reasonable

Reasonable Accommodations
In her complaint, S.S. alleged that Cole
did not attempt to accommodate S.S.'s
mental disorder. As a result of Cole's actions, S.S. claimed her " disability was
exacerbated to such an extent that she
was unable to attend school for the rest
of the school's fall semester. " Moreover,
S.S. claimed school district officials did
" virtually nothing " to ensure S.S.'s mental disorder was accommodated properly, despite " repeated notice " about
the " marked toll " the situation had taken on S.S.'s academic success and emotional state. Accordingly, S.S. requested
the court to issue " [a]n order enjoining defendants from engaging in the
wrongful practices alleged herein and
to provide plaintiff with a reasonable
accommodation. "
In response, defendants Cole and the

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September 2012 - Parks & Recreation

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