October 2022 - Parks & Recreation - 33

Clause despite the fact that all passengers
rode the same bus to the
same stops.
In this case, despite her ability
to participate, the federal district
court similarly found allegations
in Viau's complaint indicated K.V.
was denied " full and equal enjoyment "
in camp activities. In particular,
the court found the following
alleged facts in the complaint
demonstrated K.V.'s " participation
was marred by John Doe's alleged
race/national
origin-based
discriminatory
conduct " :
The words and actions of soccer
coach, John Doe, Troy Recreation
Department and/or Troy School
District's agent, created an intimidating,
hostile, and/or offensive
public accommodations/public
services environment.... K.V. felt
offended, intimidated, alienated
and stigmatized by being segregated
based on her color and/or race.
Conclusion
Based upon the above-described
facts alleged in Viau's complaint,
the federal district court found
" one could reasonably conclude
the City of Troy, Mercer, and
Bo knew of, approved of, or acquiesced
in the alleged wrongful
conduct. " Accordingly, " without
this case first proceeding through
discovery, " the court concluded
" summary judgment is not appropriate "
in favor of any of the City
Defendants at this preliminary
stage of the proceedings.
The federal district court, therefore,
denied the City Defendants'
motions for dismissal and for summary
judgment. As a result, Viau's
lawsuit would be allowed to
proceed to conduct discovery and
take depositions to challenge Bo
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and Mercer's statements disclaiming
any knowledge of the alleged
discriminatory practice in summer
camp activities prior to Viau's
complaint.
James C. Kozlowski, J.D., Ph.D., is an Attorney and Professor
emeritus in the School of Sport, Recreation and Tourism
Management at George Mason University (jkozlows@gmu.
edu). Webpage link to an archive of articles (1982 to present):
mason.gmu.edu/~jkozlows/lawarts/artlist.htm.
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PARK S ANDRECRE AT ION . OR G | O CTOBER 2 0 22 | Parks & Recreation
33
Mini Golf:
Profitable Attraction OR A Fun Amenity
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October 2022 - Parks & Recreation

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