Legal Question in Disability Law in Massachusetts
coercion and summer camp medication
My son is attending a BSA event for two weeks. Camp personel insist he take medication for ADHD. He has not been on medication for 4 months prior to this event. Can they legally exclude him from this trip if we choose not to medicate him? Nothing in writing states this policy.
1 Answer from Attorneys
Re: coercion and summer camp medication
The US Supreme Court has decided that the BSA can legally discriminate, at least in the religious area, so I have to say it might also be able to in disability areas.
The real quesion, however, is: what is your son's behavior like with and without medication? If unmedicated behavior will expose your son or others to possible harm, the BSA has a duty to protect itself and the children it serves from harm or liability for harm. You have chosen to accept that liability by not medicating your son.
If the unmedicated behavior is not potentially harmful, or is even beneficial, you have a better argument, but may not have the legal ability force the BSA to accept your son "as is."
If the BSA is acting without knowledge of your son's behavior from previous experience, you may try to get a doctor or psychologist familiar with your son's situation to explain why his behavior is not a concern, or how his problematic behavior can be addressed by nonmedical interventions.
Schools and other caretakers often over-rely on medication to handle behavior problems, but don't realize that there are other ways to handle behavior problems that are more effective in teaching correct behavior. Those other ways are often more time and resource-consuming than a pill or injection, but more effective and, to some of us, more humane.