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Production Company Settles for $23,500 After Barring Sioux Falls Student in Wheelchair from "Foreigner" Stage

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Northeast Radio SD News – South Dakota - A local production company has reached a settlement with the U.S. Attorney’s Office following allegations that it discriminated against a young performer with a disability during a classic rock concert.


United States Attorney Ron Parsons announced on March 16, 2026, that Counter Productions Inc. will pay $23,500 to the family of a Sioux Falls Children’s Choir member who was denied the chance to perform with the band Foreigner during their August 2024 show.


The Incident

The settlement resolves a complaint involving a student who uses a wheelchair. As a member of the choir, she was scheduled to join Foreigner on stage for a special performance. However, production staff allegedly refused to make reasonable accommodations to allow her to participate.


Despite several alternative options proposed by the student’s parents, choir members, and staff at the Denny Sanford PREMIER Center, the production company maintained that the staging area was “too hazardous” for her participation. This decision ultimately excluded the child and her family from the event.


Settlement Terms & Accountability

In addition to the $23,500 payment to the Bauman family, the agreement mandates that Counter Productions Inc. implement significant internal changes:


·         Policy Adoption: The company must adopt new ADA compliance measures for all future performances.

·         Employee Training: Staff must undergo specific ADA compliance training to prevent future discrimination.

·         Band Exoneration: U.S. Attorney Parsons clarified that the band Foreigner was not responsible for the incident and was unaware it was occurring at the time.


“We are grateful to the DOJ for its persistence in pursuing this... to the point of an agreeable settlement,” said Christa Bauman, the student’s mother. “We hope this case helps other people who live with a disability to feel seen, heard, valued, and empowered to stand up for themselves.”


Protecting Civil Rights

Title III of the Americans with Disabilities Act (ADA), enacted over 35 years ago, prohibits public accommodations and services from discriminating against individuals with disabilities. This case serves as a reminder of the legal requirement for “full and equal enjoyment” of public events.


The investigation was led by Assistant U.S. Attorneys Anne Weyer and Sharla Svennes, in collaboration with the Justice Department’s Civil Rights Division. While the settlement resolves the allegations, the agreement notes there has been no formal determination of liability.


For more information or to report a violation:

·         ADA Information Line: (800) 514-0301

·         Website: www.ada.gov

·         Email: ada.complaint@usdoj.gov 

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