ANDERSON et al v. THE FRANKLIN INSTITUTE

Filing 72

ORDER THAT PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT IS GRANTED AND DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS DENIED. THE COURT HEREBY DECLARES THAT DEFENDANT THE FRANKLIN INSTITUTE IS IN VIOLATION OF THE AMERICANS WITH DISABILITIES ACT, 42 U.S.C. 12181 et seq., AND ORDERED TO ADOPT A CLEAR AND ENFORCEABLE POLICY AND PRACTICE OF WAIVING ANY AND ALL ADMISSION FEES FOR PAID PERSONAL CARE ATTENDANTS ACCOMPANYING SEVERLY DISABLED CLIENTS. DEFENDANT'S FOOTNOTE REQUEST THAT THE EX HIBITS ATTACHED TO PLAINTIFFS' MOTION MARKED "CONFIDENTIAL" BE REMOVED FROM THE DOCKET PURSUANT TO THE PARTIES PROTECTIVE ORDER 40 IS GRANTED. THE CLERK'S OFFICE SHALL REFILE THOSE DOCUMENTS UNDER SEAL. SIGNED BY HONORABLE GERALD A. MCHUGH ON 5/6/16. 5/6/16 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

MICHAEL ANDERSON and
Vision for Equality, a Non-Profit Corporation,
Plaintiffs,
v.
THE FRANKLIN INSTITUTE,
Defendant.

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CIVIL ACTION
No. 13-5374

ORDER
This 6th day of May, 2016, for the reasons explained in the foregoing Memorandum
Opinion, it is hereby ORDERED that Plaintiffs’ Motion for Summary Judgment is GRANTED
and Defendant’s Motion for Summary Judgment is DENIED.
The Court hereby DECLARES that Defendant The Franklin Institute is in violation of the
Americans with Disabilities Act, 42 U.S.C. §§ 12181 et seq., for failure to reasonably modify its
policies and practices to accommodate people with disabilities protected by the Act. Defendant is
hereby ENJOINED from continuing these discriminatory practices and ORDERED to adopt a
clear and enforceable policy and practice of waiving any and all admission fees for paid Personal
Care Attendants accompanying severely disabled clients in a formal capacity as defined in the
foregoing Memorandum Opinion.
Defendant’s footnote request that the exhibits attached to Plaintiffs’ Motion marked
“confidential” be removed from the docket pursuant to the parties’ Protective Order (Doc. 40) is
GRANTED. The Clerk’s Office shall REFILE those documents UNDER SEAL.

/s/ Gerald Austin McHugh
United States District Court Judge