The United States Attorney’s Office announced on Mar. 13 that a $23,500 settlement has been reached with Counter Productions Inc. after allegations the company violated the Americans with Disabilities Act by denying a Sioux Falls student who uses a wheelchair the opportunity to perform with the Sioux Falls Children’s Choir during a Foreigner concert in August 2024.
The case highlights ongoing concerns about accessibility and equal treatment for people with disabilities at public events. The agreement aims to address these issues by requiring Counter Productions Inc. to implement new ADA compliance measures, including updated policies and employee training.
According to the U.S. Attorney’s Office, staff from Counter Productions Inc. refused to make reasonable accommodations for the student, despite several options proposed by venue staff, choir members, and the child’s parents. The production company cited safety concerns regarding the staging area as its reason for not allowing participation.
“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 Ron 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.”
Christa Bauman, speaking on behalf of her daughter and family, said: “We are grateful to the DOJ for its persistence in pursuing this Americans with Disabilities Act case to the point of an agreeable settlement. 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 and negotiated the resolution alongside the Justice Department’s Civil Rights Division. The claims resolved through this agreement are allegations only; there has been no determination of liability.
The Americans with Disabilities Act was passed in July 1990 and ensures people with disabilities have equal rights in public life.
