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Central Texas family considers legal action against YMCA

06:40 PM CDT on Thursday, March 27, 2008

By ERIN OCHOA
KVUE News

Video
KVUE's Erin Ochoa reports
03/27/2008
Local/State Videos
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A Central Texas family is considering legal action against a local branch of the YMCA.

The family claims their diabetic son is disabled, and that the YMCA isn't doing enough to accommodate his needs.

The family's 4-year-old son enrolled in a Mother's Day Out program at the Southwest branch of the YMCA in September. Now they're at odds about who is responsible for monitoring the boy's diabetes.

Miles MacLaughlin looks and acts like your average child, but his father says Miles struggles with a somewhat common, but potentially dangerous, condition.

"Miles has been diabetic since he was 21-months-old," said MacLaughlin.

When he was accepted into the program, Miles' parents agreed the YMCA would not have to administer any medications, such as insulin. They were also told it would not monitor his blood sugar levels, so one of Miles' parents stays through the duration of the day. They believe the YMCA should do more to accommodate Miles.

"It's just a simple safety procedure that's very easy to administer, its quick, and because diabetes is a disability, it's needed," said MacLaughlin.

Miles' parents say his condition is protected under the American's with Disabilities Act, but the YMCA disagrees.

"Our programs -- we try to make them open for all and we try to make any reasonable accommodation that we can that has to be given the safety of the child first and foremost," said James Fink, CEO of the YMCA of Austin. "We don't feel like we have the expertise in order to do that."

Lucy Wood, an attorney with Advocacy Inc., a nonprofit that provides legal assistance for people with disabilities, is representing the MacLaughlin's. She says whether diabetes is a disability depends on the patient.

"Congress -- when it enacted the ADA -- didn't sit down and make a list of 400 disabilities and say yes/no. It said you've got to have some sort of impairment that substantially limits one or more major life activities," said Wood.

Criteria Woods, and Miles' family believes he meets.

Miles is still in the program and will remain enrolled until it ends in May. His family is considering taking legal action, but is hopeful both sides can reach a compromise outside of court.