Articles

Morse and DiStanislao Win Federal Court Ordered Placement for Disabled Child

Whiteford attorneys Sam Morse and Thomas DiStanislao, acting pro bono, sued the City of Newport News on behalf of a disabled child, alleging violations of the Americans with Disabilities Act after the City denied the child admission to its before-school and after-school program. The case is B.H. ex rel. Howe v. City of Newport News, No. 4:25-cv-97 (E.D. Va.). Whiteford sought preliminary injunctive relief directing the City to admit the child.

A father enrolled his twin third-graders—one able-bodied and one with profound physical disabilities—in the City's program. The disabled child uses a wheelchair and other assistive devices and cannot toilet independently, wearing Pull-Ups. The City admitted the able-bodied twin without issue but denied admission to the disabled child despite a commitment from the father that he or another family member would be on call to go to the school to assist if needed. The City nonetheless required the father to hire a private aide to accompany the disabled child as a condition of admission.

Whiteford filed suit nine days before the school year started. On August 22, 2025—the Friday before school began—the City agreed to admit the disabled boy on a two-week trial basis. Despite no issues whatever arising during the trial period, the City returned to its initial position when the trial period expired: the child would be denied admission unless a private aide accompanied him.

After a lengthy evidentiary hearing in early September, the U.S. District Court for the Eastern District of Virginia found that the disabled child had cleared the significant hurdle of showing an entitlement to preliminary injunctive relief and ordered the City to admit him. The City noted an appeal to the U.S. Court of Appeals for the Fourth Circuit.

After engaging in extensive negotiations, the City ultimately agreed to admit the disabled child on a permanent basis. Additionally, the City agreed to save a spot for both the disabled child and his able-bodied twin for all future years that the children are eligible for the program. This was a significant and complete victory for the client.

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