MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION

MASON WICKS-LIM, a minor through his

mother and next friend ALI WICKS-LIM
865 Belchertown Road
Amherst, MA 01002

and

TRINITY (Sam) PICONE-LOURO, a minor

through her mother and next friend,
NATALIE PICONE-LOURO,
215 Lockes Village Road
Wendell, MA 01739

Complainants,

v. COMPLAINT

THE YOUNG SHAKESPEARE PLAYERS,

1806 West Lawn Avenue
Madison, WI 53711

and

THE YOUNG SHAKESPEARE PLAYERS

EAST,
71A Avenue A
Turners Falls, MA 01376

Respondents.

COMPLAINT

Mason Wicks-Lim (Mason) and Trinity Picone-Louro (Sam), both minors, by

and through their parents as next friends and through counsel, hereby file this Complaint

against The Young Shakespeare Players and the Young Shakespeare Players East

(collectively Respondents) alleging that Respondents have engaged in and continue to

engage in unlawful discrimination and retaliation against them in violation of the state
law including M.G.L. c. 252, 92A and 98 #1.

PARTIES

1. Plaintiff, Mason Wicks Lim, is a minor who resides at 865 Belchertown Road,

Amherst, Massachusetts. Mason is an individual with a disability. He was diagnosed with

a life-threatening allergy to peanuts and tree nuts by the age of three when he experienced

his first anaphylactic reactions. As a result of his allergy, Mason must have access at all

times to epinephrine autoinjectors1 and must be in the presence of adults willing and able

to administer epinephrine in the event of allergic reaction.

2. Plaintiff, Sam Picone-Louro, is a minor who resides at 215 Lockes Village Road,

Wendell, Massachusetts. She is a close friend and associate of Mason Wicks-Lim. Sam

advocated for Masons rights pursuant to federal and state disability law in connection

with Respondents programs and activities and was punished as the result of her

advocacy for an individual with a disability.

3. Respondent, The Young Shakespeare Players, is headquartered at 1806 West

Lawn Avenue, Madison, Wisconsin. It is a non-profit organization offering recreational

and education programs to children ages 7-18. Upon information and belief, Young

Shakespeare Players has management authority over The Young Shakespeare Players

East.

4. Respondent, The Young Shakespeare Players East, is headquartered at the Shea

Theater located at 71A Avenue A, Turners Falls. Massachusetts. It is a chapter of The

Young Shakespeare Players and offers recreational and educational programs to children

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
1
!Epinephrine autoinjectors are devices that administer a pre-measured dosage of
epinephrine in the event of allergic reaction. The most commonly known version of
epinephrine autoinjector is marketed under the tradename, Epipen.
between the ages of 7-18. Upon information and belief, The Young Shakespeare Players

East takes direction from and follows the policies of The Young Shakespeare Players.

INTRODUCTION

How far that little candle throws his beams!

So shines a good deed in a naughty world.
-William Shakespeare, Merchant of Venice

5. Mason Wicks-Lim is ten years old. He loves the outdoors, modular origami, and

Greek mythology. He is an avid reader who in the Spring of 2015 became interested in

the works of William Shakespeare. Although Mason is quiet, he wanted to study

Shakespeare and overcome his shyness by performing in a Shakespearean play. Mason is

also severely allergic to nuts. He carries epinephrine that must be administered quickly in

the event of an allergic reaction. Masons reactions to nuts are severe. When exposed he

goes into anaphylaxis which is a life threatening reaction.

6. Mason is home schooled and is part of a learning co-operative. Many of his peers

in the cooperative share Masons interest in Shakespeare and participate in the programs

offered to the children and teens by the Respondents.

7. Masons parents supported Masons burgeoning interest in Shakespeare by

attempting to sign him up for the Fall 2015 program offered by Respondents.

8. Respondents are a non-profit organization that operates theater programs for

young people ages 7-18. The Young Shakespeare Players was founded in 1980 and is

based in Madison, Wisconsin. The Young Shakespeare Players East is based in Turners

Falls, Massachusetts and is a chapter of The Young Shakespeare Players.

9. The Young Shakespeare Players East, upon information and belief, operates under

the guidance and direction of The Young Shakespeare Players using the same materials
and methods rules and policies as The Young Shakespeare Players.

10. The Respondents maintain that their programs are open to all young people,

stating explicitly that there are no auditions, that everyone get a substantial part, that

they are engaged in helping young people find a voice through understanding, that they

foster[s] a culture of inclusiveness, and that they are committed to the principal that

no one should be excluded from participation

11. Respondents profess that they strive to bring out the best that this species has to

offer.

12. On May 10, 2015, Mason attended the Respondents performance of Julius

Caesar at the Shea Theater in which a number of his peers performed. Masons mother,

Ms. Wicks-Lim, contacted the Respondents shortly thereafter to start the process of

enrolling Mason in the Respondents Fall program.

13. The Director of The Young Shakespeare Players East, Suzanne Rubinstein,

responded that she wanted to talk about Masons allergies.

14. Between May 10, 2015 and May 22, 2015, Ms. Rubinstein engaged in three

telephone calls with Ms. Wicks-Lim.

15. During their first telephone conversation, Ms. Wicks-Lim requested basic

accommodations to allow Mason to safely participate in Respondents programs. When

told that Mason carries epinephrine with him, Ms. Rubinstein responded, See? No.

Thats just scary.

16. Ms. Rubinstein informed Ms. Wicks-Lim that Respondents were lucky not to

have had a child with food allergies attend their programs in the past with the exception

of one older allergic child [in Madison] who didnt mind being excluded.
 17. Ms. Rubinstein refused to make needed accommodations. Ms. Rubinstein further

suggested that Mason might not want to enroll in Respondents programs because he

could expect to be consistently excluded.

18. In their second telephone call, Ms. Wicks-Lim again told Ms. Rubinstein that

Mason wanted to enroll even if it meant he would be excluded socially. Ms. Rubinstein

responded that it was not up to Mason or Ms. Wicks-Lim whether Mason enrolled.

Thereafter, Ms. Rubinstein informed Ms. Wicks-Lim that the program was not a good fit

for Mason but that she might reconsider the following year when Mason was older.

19. Ms. Wicks-Lim asked Ms. Rubenstein to reconsider, telling her that Mason had

successfully been managing his allergy for 8 years, that he would not outgrow his allergy

the following year, and that he had begun studying The Tempest and was excited to be a

part of the Respondents program.

20. Ms. Rubinstein refused to reconsider, advising Ms. Wicks-Lim that Respondents

programs were successful because the program changes for no one. Ms. Rubinstein

further advised Ms. Wicks-Lim that she had consulted with The Young Shakespeare

Players leadership and that her response was consistent with and supported by that

leadership. Ms. Rubinstein abruptly ended the call.

21. Ms. Wicks-Lim informed Ms. Rubinstein that severe food allergies can be

considered a disability within the meaning of the law and that the law prohibited

discrimination and required accommodations be made for kids with disabilities.

22. On May 22, 2015, Ms. Wicks-Lim again contacted Ms. Rubinstein asking that

they reconsider but Respondents against refused to allow Mason to enroll because of his

allergy.
 23. That night, Ms. Wicks-Lim contacted Natalie Picone-Louro and some other

parents with children in YSP to ask for advice and support. Natalie Picone-Louros

daughter, Sam, was in Masons cooperative and was enrolled in Respondents programs.

24. Sam is 12 years old. Like Mason, Sam is an avid reader with eclectic tastes in

music. She prefers Julius Caesar to Twelfth Night, expressionism to modernism, and

loves to swim. Sam can talk with ease about her favorite Shakespearean characters. Sam

may speak quietly, but she is a loyal friend with a keen sense of empathy and the courage

to stand up to injustice.

25. Sam loved being a part of Respondents programs. She gained confidence and

looked forward to time learning with her friends. Sam understood the mission of the

Respondents programs to be inclusion.

26. When Sam learned that Respondents were not allowing her friend, Mason, to

enroll because of his disability, she asked Respondents to allow Mason to attend,

reminding Respondents of the importance of inclusion, and standing up for her friends

right to equal access.

27. Sams email to Ms. Rubinstein stated:

Hi Suzanne, this is Sam.

I heard what happened with Mason and I am very surprised and disappointed on how
you are handling this situation.

My friend has a nut allergy which is a disability and saying that we are a private
organization and you don't have to follow those laws is an excuse and you are defending
something that is not worth defending. You are discriminating him. I personally feel you
have more of the issue than YSP does.

I feel that if I share this with YSP people they wouldn't have a problem not bringing
nuts. They would be open and cooperative in protecting Mason. You said yourself there
are no rejections and you are rejecting Mason.
 It is important to practice what you preach. Sam (See Ex. 1.)

28. Respondents responded swiftly and punitively. Ms. Rubinstein contacted Sam

and her mother informing them, The presumptuous and accusatory tone in your email

was disrespectful to me and works against all of the principals that make YSP work. If

you cannot trust our decision or our motivations for making them, it might be best for

you to find a different program instead.

29. Ms. Rubinstein also contacted Ms. Wicks-Lim referencing Sams email and

stating I certainly hope this is the last time I receive a note from a child advocating in

this way and concluding if the issue could be layed to rest, she would revisit Masons

participation next year. (See Ex. 2.)

30. Ms. Rubinstein also sent an email to all staff and to all families enrolled at

Respondents programs that was clearly identifiable as being about Mason and claiming

that there were concerns his physical and emotional well-being. Ms. Rubinstein further

informed the entirety of Respondents students, families and staff that Respondents

cannot always accommodate the necessary support a child or family might need that

Respondents programs are not for everyone, and discouraging other families from

engaging in dissent or discourse over the denial of enrollment into the program. (See Ex.

3.)

31. Ms. Picone-Louro emailed Ms. Rubinstein on May 25, 2015 stating, [Sams]

father and I are very proud of her for standing up for what she believes in and telling

Ms. Rubinstein that she was leaving it up to Sam whether to apologize in order to stay in

the program or not.

32. On June 1, 2015, Ms. Rubinstein met with Ms. Picone-Louro to discuss Sams
email asserting Masons right to equal access. Ms. Rubinstein stated that she felt sorry

for Mason because his mom ruined everything for him and that Ms. Wicks-Lim

presented a threat to Respondents program.

33. Ms. Rubinstein stated that both Sam and her parents must separately write

apologies for their advocacy on behalf of Mason and email the apologies to other families

enrolled in Respondents program with a cc to Ms. Rubinstein. Ms. Rubinstein indicated

that unless Ms. Picone-Louro and Sam complied, Sam would be removed and barred

from Respondents programs.

34. On June 5, 2015, Ms. Rubinstein restated the need for Sam to apologize for

advocating for her friend Mason:

I would like to make it very clear that if Sam wants to return to YSP and
participate in YSP's fall production of The Tempest, she still needs to email me her
apology. And, an apology letter that clearly shows insight and understanding of what she
has done wrong and one that expresses a commitment to carrying forth a positive and
respectful attitude towards me and the entire YSP community.

Also, just so everyone is on the same page, this fall production will be a
probationary period to make sure everybodys attitudes and behavior is in line with the
YSP community spirit and expectations. YSP reserves the right to make all final
decisions regarding participation in its programs.

I look forward to receiving Sam's apology and seeing her at YSP in the fall. (See
Ex. 4)

35. Ms. Picone-Louro could not bring herself to require Sam to apologize for what

she viewed as courageous behavior in standing up for Masons right to equal access. On

July 4, 2015, she wrote Ms. Rubinstein:

With time and space being given with what has happened, and after much careful
and heartfelt consideration, we are writing to let you know that we are not aligned with
the request for an apology for what you have labeled as Sam's "disrespect".
 We are not comfortable with her having to craft an appropriate apology, and then
additionally being penalized by being placed on tentative status via the probation you
proposed. You spoke with me on the phone before Sam joined YSP about what YSP
represents, and your request is not congruent with the ideals of the organization.
Basically you are saying the youth have a voice and they get to speak up for themselves,
but it seems this applies only as long as they aren't questioning you.

Sam's email was about social justice. It was about standing by a friend, and
standing up for what she believes in. Discrimination was the context. To respond to an 11
yr old who is passionate and acting with integrity by demanding she apologize for being
disrespectful, is communicating to her that only part of her heart is welcome in the
program, not all of her. You, and the organization you represent which claims to "foster
inclusiveness and collaboration", help young people "find a voice" and "bring out the
beauty of 'the best this species has to offer'", are silencing her.

We hope you will reconsider the terms you have set forth.

Ex. 5.

36. Ms. Rubinstein responded, the organization stands firmly [sic] that I deserve the

respect of a formal written apology from Sam and kicked Sam out of the program. (See

Ex. 6).

37. Sam was devastated to be kicked out of the program. She remains barred from

participation in any of Respondents programs as the result of her advocacy on Masons

behalf.

38. Meanwhile, in July 2015, Ms. Rubinstein met to discuss the situation with an

intermediary who advocated for Mason to be permitted to enroll. Ms. Rubinstein

indicated that she would draft a waiver and allow Mason into the program conditioned

upon his parents signing that waiver.

39. Weeks passed and Ms. Wicks-Lim had not received the promised waiver. Ms.

Wicks-Lim contacted Ms. Rubinstein to inquire about the waiver and was informed that

The Young Shakespeare Players in Madison were working on it.

 40. On July 28, 2015, Ms. Rubinstein emailed Ms. Wicks-Lim a waiver. The waiver

specified that Respondents would not agree to administer epinephrine in the event of an

allergic reaction and that medications remained the sole responsibility of the parents.

41. At the same time, Ms. Rubinstein indicated that Ms. Wicks-Lim must not only

sign the waiver but must meet with the Board of Directors regarding the conditions for

Masons enrollment.

42. Ms. Wicks-Lim responded on July 29, 2015, suggesting that she meet with Ms.

Rubinstein face to face so they could clear the air and start fresh. Ms. Wicks-Lim further

explained that Mason could only attend Respondents programs if Respondents agreed to

administer epinephrine in the event of an allergic reaction and that signing the waiver

would be unsafe.

43. Ms. Wicks-Lim offered Respondents access to free training related to allergies

and epinephrine to be provided at no cost to Respondents by a national non-profit with

expertise in food allergies.

44. Ms. Rubinstein suggested that Ms. Wicks-Lim commit to attending Respondents

programs with Mason so that Respondents would not have to be responsible for

administration of epinephrine. This is a departure from Respondents operation in that

parents of children without disabilities do not attend the program with their children.

45. Ms. Wicks-Lim responded that she was willing to attend the Board meeting but

could not be present for nine hours of rehearsals every week.

46. Ms. Wicks-Lim requested to meet with Ms. Rubinstein. Although Ms. Rubinstein

initially agreed, she thereafter indicated she would only meet with Ms. Wicks-Lim with

the Board of Directors present.

 47. On August 3, 2015, Ms. Rubinstein indicated that she would meet with Ms.

Wicks-Lim before the meeting in which the Board of Directors would inform Ms. Wicks-

Lim of further conditions of Masons enrollment. However, Ms. Rubinstein indicated that

before meeting with Ms. Wicks-Lim she was waiting for guidance from The Young

Shakespeare Players (Madison) attorney.

48. On August 4, 2015, Ms. Rubinstein again emailed Ms. Wicks-Lim stating that

Respondents would not administer epinephrine. Ms. Rubinstein stated that Respondents

founder, Board of Directors, and attorney all agreed that Ms. Rubinstein would not be

professionally trained to administer epinephrine, even though free training had been

offered, and would not administer epinephrine in the event of an allergic reaction.

49. On August 6, 2015, Ms. Rubinstein emailed Ms. Wicks-Lim and indicated that

she had consulted with an ADA expert about YSPs legal obligations. Ms. Rubinstein

acknowledged that the accommodations Ms. Wicks-Lim had requested were legally

required. Ms. Rubinstein continued, Therefore, I am seriously considering whether I

want to continue to operate the program at allI will have to make a big decision

whether to close up shop.

50. On August 14, 2015, Ms. Wicks-Lim reiterated that Mason did want to enroll but

before he could do so, Ms. Wicks-Lim needed clarification of what accommodations

Respondents would make to allow him to attend. Specifically, Ms. Wicks-Lim needed to

know whether Respondents would agree to undergo the free training and administer

epinephrine in the event of allergic reaction.

51. On August 21, 2015, Ms. Rubenstein advised Ms. Wicks-Lim that the Board of

Directors had met and agreed to implement a peanut and tree nut free snack and lunch
policy and that Ms. Wicks-Lim could show Ms. Rubinstein how to use an epi-pen. Ms.

Rubinstein also informed Ms. Wicks-Lim that its Board of Directors had specified that

before enrolling a child with food allergies, parents must be made aware that staff would

not be present, would not know how to handle emergencies, and that there would be

hours at a time including full days when the children would be left unsupervised.

52. Ms. Rubinstein provided a waiver for Ms. Wicks-Lim to sign before enrollment

which like the prior waivers stated The Young Shakespeare Players East does not

warrant that it will provide any staff members or volunteers with medical training or any

other expertise in the treating or care of anyone who has or develops illness, injuries,

allergies, or disabilities at any rehearsal, performance, nor other YSP event. In the event

that my child has or develops medical concerns, I acknowledge and agree that I, as parent

or guardian, take complete responsibility for such concerns, and for the health and

welfare of my child. This waiver is an acknowledgement that my childs health issues are

the responsibility of me and my family, and not that of The Young Shakespeare Players

East, Inc., or its officers, agents, volunteers, and employees.

53. Ms. Wicks-Lim repeated her request in an email on August 25, 2015 stating Can

you please let me know whether there will be an adult present in the building and willing

to administer epinephrine at all times? The waiver you attached again indicates that the

parent is responsible and that the children in YSP are unsupervised for full days at a time.

Can you please clarify whether YSP will commit to administer epinephrine to Mason in

the event of an allergic reaction? We need that information to make a decision, for

Mason.

54. Respondents refused to reconsider their position.

 55. Given Respondents position that Mason would be unsupervised for hours and

full days and given the requirement that Ms. Wicks-Lim sign a waiver indicating that

she, rather than Respondents, would be responsible for administering epinephrine, Mason

was unable to enroll in the program.

56. Ms. Rubinstein and Respondents engaged in a deliberate pattern of behavior with

the express intent of steering Mason and his family away from Respondents programs

because of Masons disability and of making it crystal clear that he was not welcome.

57. Mason remains interested and enthusiastic about the works of William

Shakespeare but the experience with Respondents has been difficult and isolating. He is

embarrassed that friends will ask why he is not in Respondents program. Mason wants

to enroll in Respondents programs but cannot do so because Respondents refuse to

administer epinephrine in the event of allergic reaction.

58. Sam likewise retains a love of Shakespeare, but she misses Respondents

programs greatly. She struggles with accepting that the adults she respected have cast her

out because she stood up for what she believed to be right. She wants to return to

Respondents programs, but is barred by Respondents from doing so.

COUNT I
VIOLATION OF M.G.L. c. 252, 92A and 98 #1
59. Plaintiffs incorporate allegations contained in paragraphs 1-58.

60. Mason Wicks-Lim severe food allergy is an impairment that impacts multi-body

systems including his immune system, cardiovascular system, digestive system, and

circulatory system with potentially life-threatening consequences. He is substantially

limited in the major life activities of eating and breathing. When Mason ingests even

minute quantities of his allergens his immune system responds causing a critical drop in
blood pressure that absent administration of epinephrine can lead to irreversible organ

failure and death. Mason Wicks-Lim is therefore an individual with a physical disability

as defined by M.G.L. c. 27292A and 98.

61. Sam Picone-Louro is a friend of Masons and stood up for his federally protected

rights pursuant to federal and state disability law. She is therefore an individual who is

associated with an individual with a disability.

62. Defendants operate a place of public accommodation, as defined by M.G.L. c.

27292A and 98.

63. Defendants actions constitute intentional discrimination against Mason in

violation of M.G.L.c. 27292A and 98, in denying him access to its programs, in

attempting to steer him away from enrollment, in refusing to administer epinephrine, in

humiliating him with the programs participants, in requiring Masons parents to

administer epinephrine at its programs, and in threatening to shut down the program if

Mason persisted in trying to enroll.

64. Defendants discriminated against Sam in violation of M.G.L.c. 27292A and 98

by kicking her out of the program because of her association with an individual with a

disability.

65. Defendants retaliated against Sam in violation of M.G.L.c. 27292A and 98

because of her assertion of Sams right to equal access.

66. As a direct result of the Defendants actions, the Plaintiffs have suffered harm,

including, but not limited to, humiliation, embarrassment, and sadness, as well as having

been denied the opportunity to participate in the Defendants programs

WHEREFORE Complainants pray for relief and judgment as follows:

 a. Declare that Respondents discriminated against Mason by denying him access to

its programs, attempting to steer him away from enrollment, refusing to administer

epinephrine, requiring Masons parents to administer epinephrine at its programs, and

threatening to shut down the program if Mason persisted in trying to enroll;

b. Declare that Respondents retaliated against Mason by denying him equal access

to its programs based on his assertion of his needs as an individual with a disability;

c. Declare that Respondents discriminated against Sam based on her association

with Mason, an individual with a disability;

d. Declare that Respondents retaliated against Sam when they required her to

apologize for asserting Masons right of equal access and by removing and barring her

from their programs because of her advocacy for Mason;

e. Declare that Respondents must enroll Mason and Sam in Respondents program

and further requiring Respondents to submit to training and agree to administer

epinephrine in the event of allergic reaction;

f. Require Respondents to cease and desist in all efforts to steer children with

disabilities away from enrolling it its programs;

g. Require Respondents to adopt policies and procedures to ensure compliance with

disability laws;

h. Compensatory damages;

i. Punitive damages as available;

j. Civil penalties;

k. Injunctive relief;

l. Equitable relief;
 m. Reasonable attorneys fees and costs;

n. All other appropriate declaratory, equitable, injunctive, and monetary relief.

DATED: November 3, 2015

STEIN & VARGAS, LLP

/s/Mary C. Vargas
Mary C. Vargas
Michael S. Stein
Stein & Vargas, LLP
5100 Buckeystown Pike, Suite 250
Frederick, MD 21704
(240)793-3185
Michael. Stein@steinvargas.com
Mary.Vargas@steinvargas.com

Laurel Francoeur, BBO#633085

Francoeur Law Office
13 Freedom Road
Woburn, MA 01801
(781) 710-1173
laurelf@verizon.net