This is a difficult situation for sure. Obviously only one side of the story out there right now....
On one side, you feel for the child. All she wants to do is go to dance class.
On the other side, if you put down the pitchfork, you can see where the owner is coming from. This does not mean what they did was legal but you can see their perspective. If this child were in school, there would be extra resources allocated to help manage her instruction. However in this dance studio it's likely there is not. If the owner is upfront and honest about this, it is understandable. There is a school in WNY called Danceability that is specifically setup for special needs children and adults. If the parents of this child only had the focus of getting their child into dance classes, you have to ask why they went here instead of danceability.
Some of the quotes from the parents are a bit off for me.
“That’s not okay,” Jason said. “She’s a kid. Everyone should get the same chance to try things and to be a part of things. Whether that’s dancing with her, whether that’s playing soccer, whether it’s going to school or trying to get a job, it shouldn’t matter about a disability. It should be about let’s let people try. Let’s help them be successful.”
If it was just about the chance to try things, why didn't he go to Danceability?
“It makes you realize that you have to express to someone your child’s disability and see if they will accept them,” Tricia said. “And that was just a really horrible thing. Anna has always been accepted everywhere, you know, at the grocery store, at the library, when are walking down the sidewalk, there’s big smiles from everyone. And to have someone on the other line to say, keep your daughter where she is, she needs to be managed, is a horrible feeling.”
Going to the grocery store, walking down the sidewalk are not the same as an instructional dance class. Maybe the owner/employee used a poor choice of words in 'managed' but we are all smart enough to know what that means. I wonder what these parents would say if special education resources were not provided at school. I would assume they would cry foul. So how is it they expect a business owner to take on that task without help? I did not see a quote to where they offered to pay more for additional assistance in the classroom.
Took some time to try and educate myself on this. Mostly read about special needs and child care...as that's the closest thing I could find that was relatable. What stood out was this:
7. Q: Our center specializes in "group child care." Can we reject a child just because she needs individualized attention?
A: No. Most children will need individualized attention occasionally. If a child who needs one-to-one attention due to a disability can be integrated without fundamentally altering a child care program, the child cannot be excluded solely because the child needs one-to-one care.
For instance, if a child with Down Syndrome and significant mental retardation applies for admission and needs one-to-one care to benefit from a child care program, and a personal assistant will be provided at no cost to the child care center (usually by the parents or though a government program), the child cannot be excluded from the program solely because of the need for one-to-one care. Any modifications necessary to integrate such a child must be made if they are reasonable and would not fundamentally alter the program. This is not to suggest that all children with Down Syndrome need one-to-one care or must be accompanied by a personal assistant in order to be successfully integrated into a mainstream child care program. As in other cases, an individualized assessment is required. But the ADA generally does not require centers to hire additional staff or provide constant one-to-one supervision of a particular child with a disability.
So one has to ask if any effort or offer was made by the parents to cover any additional costs to the business or try to like up assistance via a government program. If not, I think there is fault on both sides.
For a business owner, this is difficult situation. They should have offered an evaluation on the child and then if a need was there for extra assistance they should have advised the parents of the extra cost. Either that or offered to do a private class with the child but invite any other kids to join in.
I am sure lawyers will find a way to hammer this business. I am sure people will find a way to put them out of business. Does not mean that's right...