Runnion v. Girl Scouts of Greater Chicago

Dist. Ct. erred in dismissing for failure to state cause of action plaintiff-deaf girl scout’s action alleging that defendant-Girl Scouts’ refusal to provide her with sign language interpreter at Girl Scout functions violated section 504 of Rehabilitation Act, where Dist. Ct. improperly believed defendant, as private organization, could not qualify as entity “principally engaged” in business of providing educational or social services for purpose of coverage under said Act. Private corporations choosing to provide educational or social services are potentially covered under Rehabilitation Act, and plaintiff’s amended complaint alleged viable claim under said Act, where: (1) plaintiff asserted that defendant had received federal funds; and (2) plaintiff cited numerous instances in which defendant had characterized itself and its programs as educational. As such, Dist. Ct. erred in dismissing original complaint without giving plaintiff opportunity to proffer amended complaint and then further erred by rejecting as futile plaintiff’s “principally engaged” theory of liability as alleged in proposed amended complaint.