Is there a strong probability of success on the merits under section 504(1) of the California Civil Code for discrimination against children with HIV/AIDS?
The following excerpt is from Chalk v. U.S. Dist. Court Cent. Dist. of California, 840 F.2d 701 (9th Cir. 1988):
That Chalk demonstrates a strong probability of success on the merits is supported by the three published opinions brought to our attention dealing with AIDS discrimination under section 504. In Thomas v. Atascadero Unified School Dist., 662 F.Supp. 376 (C.D.Cal.1987), the court granted a preliminary injunction prohibiting the school district from excluding a child with AIDS from the classroom, despite the child's involvement in a biting incident. The court found that:
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