KARATE PROGRAM'S DECISION TO EXCLUDE YOUTH WITH AIDS FROM FULL CONTACT
KARATE CLASSES AND OFFER TO PROVIDE PRIVATE LESSONS WAS REASONABLE ACCOMMODATION THAT DID
NOT VIOLATE THE ADA.
Southside Virginia Police Karate Association, Inc., owned by James
Radcliffe, operates a karate school in Colonial Heights, Virginia, known as U.S.A.
Bushidokan. The school teaches exclusively traditional Japanese, combat-oriented martial
arts rather than the family-oriented fitness programs offered by most schools. This
combat-oriented martial arts style involves substantial body contact, and participants'
sparring often causes minor bloody injuries.
In May of 1997, Michael Montalvo, a 12-year old boy with AIDS applied to
begin taking karate classes. In the membership application Michael's father warranted that
Michael was in good health and suffered from no illness or condition that would
"possibly be infectious to others." The Montalvos never disclosed to U.S.A.
Bushidokan or to Radcliffe that Michael had AIDS.
On the same day Radcliffe received information from an anonymous source
that Michael had AIDS, but the Montalvos denied this allegation. After receiving an
affidavit from Michael's physician certifying his fitness to begin karate class Michael
was allowed to participate. After the first class Radcliffe called Michael's father and
asked that he have an AIDS test, at which time he finally admitted that Michael had AIDS.
In response, Radcliffe met with the Montalvos and told them that Michael would not be
allowed to participate in the full contact group karate classes due to the risk of
infection to other participants. However, he offered to give Michael private lessons. The
Montalvos declined this offer because Michael had signed up for karate lessons to
participate in the same classes with his friends.
The Montalvos instituted this lawsuit alleging that U.S.A. Bushidokan and
Radcliffe had violated Michael's rights under the Americans With Disabilities Act (ADA)
and the Virginia Persons With Disabilities Act. The district court found that allowing
Michael to participate in full contact karate classes would present a direct threat to the
health and safety of instructors and other students in the class because of the risk of
transmission of the HIV virus. The court concluded that forcing the class to change to a
softer form of karate would be an unreasonable modification not required by the ADA and
that Radcliffe's offer to provide personal training to Montalvo was a reasonable
accommodation under the ADA.
The Montalvos appealed the district court's rejection of their claims.
Specifically, they alleged that the district court erred in finding that (1) Michael's
condition posed a direct threat to other participants safety, and (2) that the offer of
private lessons was a reasonable accommodation that complied with the ADA.
The Fourth Circuit initially held that Title III of the ADA applied to
U.S.A. Bushidokan, as a place of public accommodation and that Michael was a disabled
individual covered by the ADA. U.S.A. Bushidokan conceded that it denied him admission to
group lessons because he has AIDS but claimed that such exclusion was legally justified as
he posed a "direct threat" to other members of the karate class. The court
focused its discussion on the following two issues: (1) whether Michael's condition posed
a significant risk to the health and safety of others, and (2) whether reasonable
modifications are available to eliminate this risk and to enable him to participate in
group lessons.
In analyzing the first issue, the court found evidence that Michael's
condition posed a significant risk of harm to others in the karate class. Both sides'
experts testified that blood to blood contact is a means of HIV transmission and that AIDS
is inevitably fatal. The type of training in the group karate classes resulted in many
bloody injuries, and, even though U.S.A. Bushidokan has a policy of constantly monitoring
for injuries, the continuous nature of the contact prevented elimination of such injuries.
As a result, as the district court found, there was a high risk that even with precautions
there would be a significant number of bloody injuries, and the risk of a student
transmitting the HIS virus through such conduct was significant. Moreover, the mode of
transmission of the disease (blood-to-blood), the duration of the risk (length of
Michael's life), and the severity of the risk (AIDS is inevitably fatal), established a
significant risk to the health and safety of others if Michael were allowed to participate
in group classes. As the court explained, when the disease at risk of transmission is
inevitably fatal, "even a low risk of transmission could still create a significant
risk."
As to the second issue, even given the significant risk posed, U.S.A.
Bushidokan would still be required to admit Michael to group classes if a reasonable
modification would have eliminated the risk. As the court explained, "[t]he only
modification [that is] . . . both effective in reducing risk to an insignificant level and
in maintaining the fundamental essence of U.S.A. Bushidokan's program was its offer of
private karate classes." To force the program to be altered by presenting a
"softer" type of martial arts training would alter the fundamental nature of and
be an unreasonable modification of the program. While Michael is not required to accept
U.S.A. Bushidokan's proposal, the mere fact that he rejected the proposal did not
establish a violation of the ADA.
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You Make the Call. . . Index
"You Make The Call..." is a newsletter published four times per year (spring,
summer, fall, winter) by the National Sports Law Institute of Marquette University Law
School, PO Box 1881, Milwaukee, Wisconsin, 53201-1881. (414) 288-5815, fax (414) 288-5818,
munsli@vms.csd.mu.edu. (www.marquette.edu/law/sports/call.html).
This publication is distributed via fax and email to individuals in the sports field upon
request.
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Editorial Staff:
Paul M. Anderson, Editor & Designer
Kirsten Hauser, Associate Editor
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Copyright © 1999 -- All rights reserved.
