A Baldwin County, Ala., resort illegally denied access to a 2-year-old HIV-positive boy in violation of the Americans with Disabilities Act, according to civil allegations made by the U.S. Justice Department. 

The Justice Department seeks an order from a federal judge in Mobile, Ala., prohibiting Wales West RV Resort and Train & Garden Lovers Family Park near Silverhill from discriminating on the basis of disabilities, a civil fine and unspecified damages to the child and his mother, according to the Mobile Press-Register.

An attorney for Wales West denied the allegations.

U.S. Magistrate Judge Sonja Bivins this week set a preliminary scheduling order and instructed the lawyers to negotiate a procedure for questioning witnesses and exchanging documents.

The lawsuit states that Silvia and Charles “Dick” Glover reserved an RV campsite at the resort for July 2007. Several hours after they had set up camp, the resort’s manager told Dick Glover this his foster son, Caleb, could not use the pool, showers or other facilities because he has HIV, the disease that causes AIDS. 

“Because Caleb could not use the common facilities, the Glovers were forced to leave Wales West RV Resort,” the suit states.

The park’s attorney, Frank Parker Jr., said the resort’s manager asked only that the boy voluntarily stay out of the water until he could learn more about the child’s medical condition. Parker said resort owner Ken Zadnichek offered to let the family stay for free.

“Mr. Zadnichek didn’t do anything wrong,” Parker said. “He never asked them to leave the park.”