Montalvo v. Radcliffe

Twelve-year-old Michael Montalvo (plaintiff), who had AIDS, was enrolled by his parents in a karate school teaching a combat-oriented style involving close physical contact and frequent injuries like cuts and bloody noses; his parents had signed a membership agreement stating he had no infectious illness. Once the school owner learned of Montalvo's AIDS diagnosis, he excluded Montalvo from group classes, and Montalvo sued under the ADA. Both sides agreed the school was a place of public accommodation, that Montalvo was excluded because of his AIDS diagnosis, and that HIV/AIDS can be transmitted through blood-to-blood contact; the trial court ruled for the school, finding Montalvo posed a direct threat to others, and Montalvo appealed.