Mother of deaf child files discrimination lawsuit against cheer gym, operators say allegations are false

A mother in North Texas has filed a lawsuit against an elite cheer program, alleging discrimination against her deaf daughter.

The gym, Cheer Athletics, denies the accusations. Nine-year-old Ari is passionate about cheerleading.

“I love to cheer because it’s my favorite sport,” Ari told NBC 5.

For the past three years, she has been competing with Cheer Athletics, a prominent cheer and dance facility in Plano.

“To know where she’s come and watch her do that is beautiful,” said her mother, Alicia Mims.

Ari is deaf and has a cochlear implant. She has found it increasingly challenging to understand her coaches over the past year.

“I can’t do it, and I get in trouble, and I get frustrated,” Ari said.

Her mother explained that Ari requires an American Sign Language (ASL) interpreter to relay the coach’s instructions during complex and potentially risky routines.

In a lawsuit filed on Ari’s behalf, her mother alleges that Cheer Athletics has not consistently provided an ASL interpreter for every practice and competition. When an interpreter is present, the lawsuit claims the gym imposes “significant restrictions” on their actions, limiting where they can stand and what they can sign, “thereby missing learning opportunities and safety warnings otherwise available to her hearing teammates.”

The lawsuit asserts that the gym is violating Ari’s rights under the Americans with Disabilities Act (ADA).

“There are a lot of emotions that you go through when you know your baby is capable, and I know what my child is capable of doing,” said Alicia Mims.

In response, a spokesperson for Cheer Athletics refuted the claims, stating:

“We are heartbroken to see months of hard work and commitment by the Cheer Athletics staff to help a little girl safely participate in cheerleading ultimately result in a lawsuit that we were first notified of tonight by the media.

The claims made are categorically false. Cheer Athletics spared no expense conferring with experts in the field. We spoke with the child’s doctor, who said a roger device was the correct accommodation for this athlete in the allstar cheer environment. We immediately purchased the roger device at our sole expense. The mother refused the roger device accommodation and demanded a translator. A translator was then provided at our expense.

Our investment in this athlete surpasses tens of thousands of dollars and the accommodations provided have changed the method and manner of instruction for this athlete and the team. We have advocated for this athlete to ensure she remains an integral part of her squad.

Cheer Athletics has decades of success with athletes with hearing loss succeeding to the highest levels in our program- including winning world championships- and will continue to provide a safe and inclusive solution- to the best of our financial ability- for all allstar cheerleaders.”

Attorney Lia Sifuentes Davis, director and professor at the Civil Rights Clinic at the University of Texas Law School, and a former member of Disability Rights Texas, commented on the rarity of litigation involving ADA-related cases.

“It’s very rare that actual litigation is filed about these issues,” Sifuentes said.

“The onus is on the business to provide effective communication, but the Americans with Disabilities Act does not necessarily spell out the specifics and the minutia of how to accomplish that effective communication,” she added.

Sifuentes explained that ADA-related litigation often revolves around determining whether the request is reasonable and whether it places an undue burden on the business.

Ari’s mother expressed her desire for her daughter to have the same experience as her teammates and return to enjoying the sport she loves.

“I just feel proud of myself,” Ari said.