Montalvo v. Radcliffe

167 F.3d 873 (1996)

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Montalvo v. Radcliffe

United States Court of Appeals for the Fourth Circuit
167 F.3d 873 (1996)

EC

Facts

Michael Montalvo (plaintiff) was a 12-year-old who suffered from AIDS. Montalvo’s parents signed him up for a membership at a karate school. The school taught a combat-oriented form of karate that involved close physical contact, and classes often resulted in injuries such as cuts and bloody noses. Montalvo’s parents signed a membership agreement stating that Montalvo did not suffer from any infectious illness or condition. When the owner of the school was later alerted that Montalvo had AIDS, the owner told Montalvo that he would not be allowed to participate in group karate classes. Montalvo brought suit under the Americans with Disabilities Act. The owner of the school acknowledged that the school was a place of public accommodation. The owner also acknowledged that Montalvo was excluded due to having AIDS. The owner contended that this exclusion was legally permissible because Montalvo posed a direct threat to other members of the class. Both parties acknowledged that blood-to-blood contact was a means of transmitting HIV/AIDS. The trial court agreed with the owner and denied Montalvo relief. Montalvo then appealed the case.

Rule of Law

Issue

Holding and Reasoning (Neimeyer, J.)

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