Hazlet theater booted teen boy with autism for going into women's bathroom with mom: suit
A Holmdel mother is suing a Hazlet movie theater, saying she was kicked off the premises for taking her son with developmental disabilities to use the women's restroom, since he cannot use the facilities alone.
According to her lawsuit filed in state Superior Court in Monmouth County, on June 16, Christine Gallinaro said she took her 15-year-old son, who is diagnosed with autism spectrum disorder and severe speech delays, to the Cinemark Hazlet 12 to see the movie "Elemental." During their visit, Gallinaro's son had to use the restroom.
Because he is not able to use the restroom alone, and after realizing there was no family restroom, Gallinaro had "no choice" but to take her son into the women's restroom to use the facilities, the complaint alleges.
The Asbury Park Press is not naming the boy due to his status as a minor.
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You can read the full lawsuit at the bottom of this story.
As they were leaving the restroom, the theater manager approached them, shouting "blatantly discriminatory remarks," including that "he shouldn't be in here" and that a "grown" man should not be in the woman's restroom, the lawsuit said.
Then, the manager shouted "this is not a transgender bathroom," the documents said, ordering Gallinaro and her son to leave the premises and instructing the assistant manager to call the police.
According to the complaint, the assistant manager called the police despite the fact that he said he did not agree with what the manager did.
The complaint says that not only has a "beloved pastime" been ruined for Gallinaro and her son, but the boy has also been "irretrievably traumatized" by the ordeal.
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The complaint also alleged that the boy has since experienced major behavioral changes.
"Specifically, [he] frequently apologizes, has insisted that his mother accompany him to the bathroom, even while at home, has experienced disrupted sleep, and outright refuses to return to [the theater], despite the fact that [it was one of his] favorite places to visit prior to the date in question," said the complaint.
The acts by the Cinemark managers were in "blatant violation" of the New Jersey Law Against Discrimination (NJLAD), according to the lawsuit, which protects against unlawful discrimination on account of "disability or atypical hereditary cellular or blood trait of any individual." It is also noted that no action was taken to address or remediate the situation.
"As alleged in the complaint, the conduct of the manager and the people at Cinemark was discriminatory, it violates law and was completely asinine," said R. Armen McOmber, one of the Gallinaro's attorneys.
The complaint contains four counts — including NJLAD disparate treatment and hostile environment discrimination due to disability, negligence, negligent training and intentional infliction of emotional distress — and demands discovery of insurance coverage and a trial by jury.
A manager at Cinemark Hazlet 12 said the theater is not allowed to comment on the case, and directed all questions to the corporate headquarters. Cinemark's corporate office was not immediately available for comment.
Hazlet Cinemark Lawsuit by Dennis Carmody on Scribd
Jenna Calderón covers breaking news and cold cases in Monmouth and Ocean counties. Before coming to the Press, she covered The Queen City for Cincinnati Magazine in Ohio. Contact her at 330-590-3903; jcalderon@gannettnj.com
This article originally appeared on Asbury Park Press: Hazlet theater sued over bathroom ouster of teen autistic boy, mom
