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Pursuing Justice for J.D.

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JD is a twelve year old civil rights plaintiff facing off against an American icon. In order to continue his challenge to discriminatory treatment based on his disability, he has two weeks to raise the money to pay costs ordered by the federal district court or post a superseadeas bond. This is beyond the resources of this 12 year old boy - it is also more than his parents can pay. 

JD is a history buff who can recite his family lineage - the battles his ancestors fought in and where they are buried. His family worked school fundraisers for five years so JD could go on his 5th grade class trip to Colonial Williamsburg and live the history he has always loved. 

JD has a complicated medical history including an inability to consume even trace amounts of gluten. Accidental ingestion has lead to loss of consciousness, pain, mental impairment, and impaired liver function. As a result, JD is medically unable to eat food prepared in standard restaurant kitchens.

In May 2017, JD was beyond excited for the trip to Williamsburg. He and his father who was a chaperone, were especially excited about part of the trip that was an experience in a colonial tavern. JD knew he would not be able to eat the food the other kids were eating and that was ok. He just wanted to experience everything Colonial Williamsburg had to offer. Colonial Williamsburg was paid full price ($30!) for JD to just to be in the tavern with his peers even though he was not able to eat the food. 

After sitting down in the colonial venue, JD's father let their waitress know that JD could not eat the food because of his disability but had his own safe meal with him. The waitress got the manager and soon JD was escorted out of the restaurant by tavern management in front of his classmates, their parents, and his teachers. He was made to eat out back behind the restaurant in the rain. 

JD has a little sister who also has medically necessary dietary restrictions who will go on this same trip in a few years. He filed suit against Colonial Williamsburg for discrimination not for himself but for his sister - so that she would not be humiliated in the same way he was. 

In June, the federal court found that JD has a disability but that Colonial Williamsburg's treatment of him - treatment Williamsburg's own employee described under oath as "cruel" -  did not discriminate. JD filed an appeal to the U.S. Court of Appeals for the Fourth Circuit. That appeal is pending. However, Colonial Williamsburg then sought and was granted its costs. On July 25, 2018, the federal court held that the comparative resources of the parties and the age of the plaintiff were not relevant and ordered JD to pay costs. 

JD's family cannot continue this civil rights case unless they are able to pay the costs ordered by the Court. The amount due is $5145.40. An additional $150 has been added to this campaign to cover the gofundme charges. In the event additional funds are raised or the case is won on appeal and the funds returned, all funds will be donated to assist other civil rights plaintiffs asserting claims for discrimination based on disability.
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    Organizer

    Mary Vargas
    Organizer
    Washington D.C., DC

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