## Facts

- Melissa Burriola sued on behalf of herself and her 8-year-old son, Jordan Burriola, who has autism.
- The Greater Toledo YMCA operated a licensed group daycare program at the Calvary United Methodist Church site, subject to a minimum staffing ratio of one counselor per 18 children.
- Jordan attended the program for about 20 months, including after-school hours and full days during breaks.
- Jordan’s autism affected communication and behavior and sometimes resulted in repetitive movements, overstimulation responses, and occasional aggressive or destructive incidents.
- Burriola informed YMCA staff that Jordan needed specific supports, including written/visual schedules, advance explanations for transitions, a quiet break area, visual cues, and a “break card.”
- Staff from Jordan’s specialized school program observed him at the daycare, provided recommendations, and offered free training lasting about two and one-half hours, with additional time available.
- The recommended supports were not implemented; training was not required, only two counselors attended, and a supervisor allegedly instructed staff not to implement the supports.
- The trained counselors later left, leaving no trained staff at the site; incidents increased as staff remained unable to address disability-related behavior.
- The YMCA terminated Jordan from the daycare program.

## Issues

1. Whether the YMCA daycare facility was a “place of public accommodation” covered by Title III of the ADA.
2. Whether plaintiffs showed a substantial likelihood of success that the YMCA unlawfully discriminated by failing to make reasonable modifications and terminating Jordan because of disability-related behavior (under ADA Title III, § 504, and Ohio Rev. Code § 4112.02(G)).
3. Whether the preliminary-injunction factors—irreparable harm, balance of harms, and public interest—favored ordering reinstatement and accommodations.

## Decision

- The court granted plaintiffs’ motion for a preliminary injunction.
- The court found the YMCA daycare facility was a place of public accommodation under ADA Title III.
- The court concluded plaintiffs showed a substantial likelihood of success that defendants failed to provide reasonable modifications and instead excluded Jordan based on conduct related to his autism.
- The court found irreparable harm from continued exclusion, that the balance of harms favored plaintiffs, and that the public interest supported enforcement of disability-rights laws.
- The court ordered Jordan’s reinstatement and required the YMCA to implement appropriate modifications.

## Legal Principles

- Title III of the ADA prohibits disability-based exclusion from the full and equal enjoyment of goods and services of a place of public accommodation.
- Public accommodations must make reasonable modifications in policies, practices, or procedures when necessary to provide access, unless the entity proves a fundamental alteration or undue burden.
- Excluding an individual for behavior closely connected to a disability, without attempting feasible modifications aimed at that behavior, can constitute unlawful discrimination.
- For preliminary injunctive relief, courts consider likelihood of success on the merits, irreparable harm, balance of harms, and the public interest; loss of access to disability-protected services may constitute irreparable injury.

## Conclusion

The court ordered the YMCA to reinstate an autistic child in its daycare program because plaintiffs were likely to prove that the YMCA, a public accommodation, failed to implement feasible, low-burden modifications and instead terminated the child for disability-related behavior, causing irreparable harm and undermining the public interest in equal access.


Burriola v. Greater Toledo YMCA, 133 F. Supp. 2d 1034 (N.D. Ohio 2001)