Associated Press - Friday October 2, 1998
David Jacobs, Associated Press Writer

Georgio Lee Chacon was not allowed into PePe's Playhouse at a Kroger Co. (KR - news) store while his guardian, Barb Cordle, shopped. Ms. Cordle objected, and has support from the Ohio Civil Rights Commission and a group of AIDS doctors.

"We fear that other corporations may look to this example and say, perhaps, that a child who is playing in our playground poses a direct threat, or a child who is enrolled in our day-care center presents a danger to other children," said Jose Zuniga, deputy director of the Chicago-based International Association of Physicians in AIDS Care. "This could very well snowball."

Ms. Cordle said that in August 1997, she took Georgio, then 6, to a Kroger store. While she shopped, the boy used the play area. Ten days later, a store manager phoned her and told her the boy could no longer use the playhouse because he had the AIDS virus, Ms. Cordle said.

Ms. Cordle, a nurse who runs a group home for HIV patients, had filled out a medical form when dropping the boy off.

"On that form, I wrote something to the effect that if he bleeds, call me and put on gloves," she recalled. Ms. Cordle said a Kroger caregiver asked if Georgio was a hemophiliac. "I said no, he has the AIDS virus. She told me that was not a problem, `That's why we have gloves."'

That day was the only time Georgio used the Kroger play area. "He was upset for a couple months. He cried a lot when we drove by because he wanted to go in," Ms. Cordle said.

She filed a complaint with the Ohio Civil Rights Commission, which on July 24 determined Kroger probably engaged in unlawful discrimination. The commission found that Kroger provided no evidence that Georgio's condition posed a direct threat to the safety of others.

Last month, the commission put the case in the hands of the state attorney general. If the attorney general's office cannot resolve the dispute, it can take the case to a hearing examiner, who could order the company to comply and award damages.

Kroger denied any discrimination. Kroger told the commission it had no obligation to provide child care to the boy and listed reasons. Among them: "He has a contagious or infectious disease," and "He is a direct threat to the safety of himself, other children" and playhouse attendants.

Kroger said it also had turned away children with colds, flu, pinkeye and chickenpox.

Kroger described playhouse users as "small children who could unexpectedly bite, hit, scratch or cut another child or themselves" or fall and knock out a tooth or get a bloody nose.

The International Association of Physicians in AIDS Care, which represents 5,500 physicians in 42 countries, wrote to the Civil Rights Commission on Georgio's behalf.

Dr. Mark W. Kline, a specialist in pediatric infectious diseases, wrote that separating Georgio is to "ignore scientific and medical evidence of lack of HIV transmission in these settings."

Lynn Marmer, a Kroger spokeswoman in Cincinnati, said the company does not consider PePe's Playhouse a day-care center or preschool. "It's temporary, short-term baby-sitting while parents shop in the store," with different standards than a school setting, Ms. Marmer said. Georgio has been HIV-infected since birth and has cerebral palsy. His mother died of AIDS in 1995.
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