Ashby v. Warrick County School Corp, No. 18-1371 (7th Cir. 2018)Annotate this Case
Ashby’s son was a member of his elementary school choir. In 2014 and 2015, the choir performed a Christmas concert at a local museum in a historic building. The building was not then accessible to persons with disabilities. Ashby, who uses a wheelchair, was unable to attend the concerts. She sued the School Corporation, alleging discrimination under the Americans with Disabilities Act, 42 U.S.C. 12132, and the Rehabilitation Act. The district court concluded that the Christmas concert was not a “service, program, or activity of” the Warrick Schools, nor was the concert an activity “provided or made available” by the School Corporation and granted summary judgment. The Seventh Circuit affirmed, accepting the Department of Justice’s suggestion that when a public entity offers a program in conjunction with a private entity, the question of whether a service, program, or activity is one “of” a public entity is fact-based and that there is a “spectrum” of possible relationships ranging from a “true joint endeavor” to participation in a wholly private event. The Department’s interpretation of its regulations is a reasonable one that offers a loose but practical framework that aids in decision-making. Upon close examination of the record, it is clear that the event in question was not a service, program, or activity provided or made available by the School Corporation.