Parents Claim Church Expelled Kids Due To Disabilities
CHARLOTTE, NC — More families have taken the first steps to sue Calvary Church in South Charlotte.
They claim their children were kicked out due to disabilities.
Two new families are facing off with the church.
“I think it’s disgusting,” said Liz Brundage. “As an organization, whether their Christian or now, just a normal daycare, I think it’s awful.”
Brundage says Child Development Center Director Pat Collins expelled her son, Carter, in Fall 2015 due to undiagnosed developmental behavioral issues.
Carmen Shaw’s son, Jaxon, spent three weeks in the 2015 Summer camp at Calvary.
She says the director asked him to leave early because his speech disorder was having other affects.
“She basically said he just can’t keep up with everybody, he needed extra patience,” said Shaw.
The complaint includes statements from cases dating back to 2009. Parents of a blind girl, a boy with a prosthetic leg, even a child with a peanut allergy, all say the director denied their enrollment due to liability.
Those families can’t sue because the statute of limitations has run out. However, they wanted the judge to read their experiences.
“It’s heartbreaking,” said Luis Borjas.
When the Borjas and Dunning families first filed Jan. 5, WCCB Charlotte checked the parent handbook.
It says in part, the director has the right to revoke admittance due to “…health needs which cannot be met at Calvary Child Development Center…”
“If they make a profit from this, and it’s not just a ministry, they may have some liability,” said WCCB Charlotte Legal Contributor John Snyder.
“Calvary is taking in children, charging parents a premium to provide them educational services,” said Snyder. “So, a court may say, if you’re making a profit and this is not just a ministry but an actual business of the church, then you have liability.”
The families are suing based on the Persons with Disabilities Protection Act. That law states a place that provides services to the public must accommodate people who have disability. Illness lies under that.
“This is real,” said Brundage. “This has been happening, and it’s been happening for a while.”
The complaint asks the court to order Calvary Church to change policies. They are also asking for a declaration from the court saying Calvary violated the rights of the children.
Calvary Church has not commented on the complaint.