State says preschool violated
rights of boy with peanut allergy
Civil rights chief finds Warren day care center wrongly denied admission
BY MIKE FRASSINELLI from the Star-Ledger on the Web, February 17, 2005
A Warren County day care center discriminated against a boy with a severe peanut allergy by denying the preschooler enrollment, the state's civil rights director has found.
J. Frank Vespa-Papaleo, director of the New Jersey Department of Law and Public Safety's civil rights division, found probable cause to credit the allegations of a mother who said her son was turned away by the Pumpkin Patch Preschool in Hackettstown.
The mother, Melodie Snook of Hackettstown, said she only wanted a separate table for her 4-year-old son, Christopher Neubauer, and a note sent to other parents alerting them about Christopher's allergy.
She said she even offered to buy a small table for the boy to sit at during lunch.
But she said in her complaint that Pumpkin Patch Preschool owner Margie Laemmle told her in November 2003 that Christopher could not be accommodated because "he has too many health problems."
Snook also said in the complaint that co-owner Joe Laemmle, Margie's husband, added, "I have the right to pick and choose who I accept at the school."
Vespa-Papaleo determined last week that Snook's requests "were reasonable, were easily achievable and would not have constituted an undue hardship on the operation of (Pumpkin Patch Preschool's) business."
Vespa-Papaleo said from his Trenton office yesterday that it was the first peanut allergy case that resulted in a probable cause finding from his agency, which investigates discrimination complaints.
"There were not reasonable accommodations provided to this boy," he said. "They did not need to put in a separate classroom, do any extra construction or spend any more money."
Joe Laemmle yesterday disputed Snook's version of events and said there would be no settlement.
He said a countersuit is possible.
Laemmle said Snook's son was denied enrollment because of concerns for his safety.
He said the child-care center at the time had half-walls, through which a youngster could have easily thrown peanut-laced food that the boy could have ingested.
Laemmle said Snook wanted the boy to be enrolled immediately during the busy Thanksgiving week, when finding contractors to make alterations to the walls would have been practically impossible.
He said the child-care center accommodates children with asthma and other disabilities.
He also said he didn't tell Snook that he could "pick and choose" which children he would accept, but he declined to say what his exact statement was.
Christopher has since enrolled at another preschool, in the Allamuchy Elementary School, that has several children with peanut allergies and provides a separate table for them during lunch.
About 3 million Americans are allergic to peanuts and tree nuts, and in some cases there have been fatalities.
In a January 2001 study of 32 randomly selected allergy-related deaths, 63 percent were from peanuts, according to the Food Allergy and Anaphylaxis Network.
Tree nuts, shellfish, fish and eggs also are leading causes of severe allergic reactions.
Vespa-Papaleo said that if Pumpkin Patch Preschool is found to be in violation, possible remedies could be an injunction requiring the child-care center to alter its policy dealing with children who have allergies or other disabilities, a fine of up to $10,000 against the center and monetary damages to Christopher's family.
"I made no unreasonable requests," Snook said this week. "I didn't ask her (Margie Laemmle) to build a wall.
I even offered to bring in a table. She just didn't want him, bottom line, because she thought he was a health hazard.
She acted like my son was in a bubble and needed an IV."
Christopher was 6 months old when his family realized he had a severe allergy to peanuts.
His grandmother gave him a small piece of a peanut butter cracker, and his face and neck swelled, his eyes looked like little slits and his face was covered with tiny red dots.
It has since been a life of reading food labels for Christopher's mother. Christopher can't eat birthday cake when he goes to parties.
Also off-limits are most forms of candy.
And his mother worries whether another youngster will inadvertently hand Christopher a Granola bar that could kill him.
Vespa-Papaleo said that before the case goes to an administrative judge, there could be a "conciliation," a last-ditch attempt to get the parties together to resolve their dispute.
He said about two-thirds of cases are settled that way.
If the case is not settled, an administrative law judge would schedule a hearing for Snook and Pumpkin Patch Preschool, and the judge would issue a decision within 45 days of the completion of that hearing.
Vespa-Papaleo would then affirm, reject or modify the administrative law judge's decision.
Vespa- Papaleo's ruling can be appealed to the state Superior Court's appellate division.
Mike Frassinelli covers Warren County. He can be reached at mfras sinelli@starledger.com or (908) 475-1218.
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