U.S. Attorney’s Office Secures $23,500 Settlement on Behalf of Sioux Falls Child with Disability Denied Opportunity to Sing with Children’s Chorus at Foreigner Concert

SIOUX FALLS - United States Attorney Ron Parsons announced today that the United States has reached a Settlement Agreement with Counter Productions Inc. to resolve allegations that the company violated Title III of the Americans with Disabilities Act ("ADA") when it denied a Sioux Falls student, a member of the Sioux Falls Children's Chorus who uses a wheelchair, the opportunity to perform with the classic rock band Foreigner during their August 2024 concert in Sioux Falls, South Dakota.

As part of the resolution, Counter Productions, Inc. agreed to pay the impacted family a sum of $23,500. In addition to securing monetary relief, the agreement requires Counter Productions Inc. to adopt new ADA compliance measures, including policies for future performances and ADA compliance training for its employees.

Title III of the ADA prohibits places open to the public (such as restaurants, hotels, theaters, and stores) from discriminating against people based on a disability, or their association with someone with a disability, in the full and equal enjoyment of the goods or services offered.

This agreement resolves allegations that staff with Counter Productions, Inc. refused to make reasonable accommodations for a member of the Sioux Falls Children's Chorus who required the use of a wheelchair that would have allowed her to sing along with her friends as part of a special song that Foreigner had planned for the concert. The production company claimed that the concert staging area was too hazardous to permit her participation, despite various options proposed by staff at the Denny Sanford PREMIER Center, members of the Sioux Falls Children's Chorus, and the parents of the child. As a result, the child and her family were not allowed to be part of the event.

"I want to make clear that the band Foreigner was not responsible for this unfortunate situation and none of its members were even aware it was happening," said U.S. Attorney Parsons. "This was a decision by the production company, and I'm glad it has agreed to this resolution. Most importantly, we are delighted that the Bauman family is now able to put this matter behind them. We have been so impressed by the courage and determination of this young woman, for whom a bright future awaits."

"We are grateful to the DOJ for its persistence in pursuing this Americans with Disabilities Act case to the point of an agreeable settlement," said Christa Bauman, on behalf of her daughter and the rest of her the family. "We hope this case helps other people who live with a disability to feel seen, heard, valued and empowered to stand up for themselves."

Assistant U.S. Attorneys Anne Weyer and Sharla Svennes investigated the underlying complaint and negotiated this resolution in collaboration with the Justice Department's Civil Rights Division. The claims resolved through the Settlement Agreement are allegations only, and there has been no determination of liability.

The ADA was passed on July 26, 1990, over 35 years ago. The Act reaffirmed our nation's continued commitment to ensuring that people with disabilities have the right to live, work, and fully participate in the community alongside their fellow citizens. More information about the ADA is available at the Justice Department's toll-free ADA Information line at (800) 514-0301 (voice) or (833)-610-1264 (TTY) and via the ADA website at http://www.ada.gov. ADA complaints may be filed by email to [email protected].