Patrick Callahan, whose 9-year-old son Andrew has severe latex allergy, said he is relieved. He has been fighting for three months to get the facility latex-free.

   "As long as we are in agreement, I will officially drop the case," he told trustees after a meeting in the library last night.

   Trouble brewed in February after a children's program in the library left balloon sculptures displayed in the building.

     Callahan said he asked library officials to remove the balloons and implement a no-latex policy. He had made the same request to the South Elementary School, he said, which complied immediately after his son enrolled.

     "My son has a life-threatening latex allergy," he said. "This is a part of our lives."

     According to the Occupational Safety and Health Administration Web site, latex allergy symptoms can range from itchy skin to trouble breathing and was first recognized in the 1970s. However, there are no OSHA guidelines for latex exposure.

     While his son could not go to the circus and had to recently leave a bowling alley where families turned up with balloons, as a resident for 12 years and a taxpayer, Callahan said a public library is something to which his son should have access.

     "When they refused to institute a policy, we recognized it as discrimination right away," he said, citing the Americans with Disabilities Act, which covers public buildings.

     His protest convinced the Massachusetts Office of Disabilities and the Massachusetts Commission Against Discrimination to file a complaint against the library and a suit with the attorney general's office.

     Library Director Charlotte Rabbitt, who received the litigation papers yesterday, said she understands latex is a problem for people with allergies. She does not understand one parent filing a lawsuit against them while officials have been trying to come up with a policy to accommodate him.

     "The premise for this suit is that the father said we discriminated against his child," she said. "Trustees met a month ago and started instituting the policy to not have latex on the premises....It takes time."

     She said she apologizes if anyone was discriminated against and that it was a tough decision for officials, because no other libraries or public buildings in the state have taken such measures. Her research has pinpointed two latex-free policies in Wisconsin.

     "If there is a case, we unfortunately will be a first and set a precedent for other public buildings in the area and, maybe, across the state," she said.

     Town Counsel Lee Ambler is on vacation. His office said the matter is being looked at, and there are no prior latex policies in town.

     "We haven't seen (a lawsuit) yet, but we are aware there is a possibility the resident has filed one," Scott Ambler of Ambler and Ambler told the Daily News yesterday. "We are contacting various state agencies to see if there is a broader state policy for public buildings."

     The Massachusetts Commission Against Discrimination is a state agency that helps enforce anti-discrimination laws. Spokeswoman Elizabeth Forman would not comment on the case and did not know if there have been similar latex cases.

     Library trustees also would not comment because of the lawsuit.

     Library officials in other area towns said they have not had problems with balloons.

     "We haven't heard of anything like that here," said Bernadette Rivard at the Milford Public Library.

     Franklin Public Library officials said they are aware of kids with peanut allergies, but have not heard of anyone allergic to balloons.

     Ed Popielarczyk, a magician and entertainer whose show left behind the balloons in the Bellingham Public Library, said the policy could harm his career. "A lot of people out there make a living just out of balloons, so this could hurt them," he said.

     While he thinks latex allergy is a big issue, and he is sympathetic toward the boy, he does not believe that institutions should have to create policies to serve one child.

     "I think this is a very big deal. It's selfish of this family because they are denying other kids access to have fun with balloons."

     Popielarczyk makes balloon sculptures and often organizes courses for children to enjoy at local libraries and schools.

     Former library trustee Fran Newton said the situation "stinks."

     "I think it's very dangerous to have a policy. What's going to be the liability if it happens?" Newton said after the meeting last night.

     There is a new sign on the library door stating the latex-free policy.

     "That sign means so much more than not allowing balloons," Callahan said. "It means someone could die if latex was brought in."

     "I can understand how some people may feel, but you have to consider how important it is to allow my son and kids like him to come to the library," Callahan said.  
 

( Auditi Guha can be reached at 508-634-7585 or aguha@cnc.com. )

     But Callahan -- who suffers from a severe allergy to latex -- knows what to do when he encounters someone wearing latex gloves or holding a bouquet of balloons.

     "I tell them, 'Can you please take it away...' nicely, '...because I am allergic,'" he said. "If I get too close, I get itchy and my eyes get itchy."

 Also allergic to bananas, Andrew leads a life that is closely monitored by parents, teachers and even his friends.

     When he was admitted to South Elementary School, his parents convinced the administrators to keep latex products out of the building and he has never had an accident so far.

     The same request, made in February at the public library on Blackstone Street, went unheard. After latex balloons were left on display after a children's program, the family asked the library to ban them, said Andrew's father, Patrick Callahan.

     Citing discrimination, the family recently lodged complaints with the Massachusetts Commission Against Discrimination and the Massachusetts Office of Disabilities. A lawsuit filed by these organizations took the wind out of library officials Tuesday.

     Library trustees, who were working on establishing a policy ever since Callahan complained, announced a new latex-free policy Tuesday night and put up a sign on the front door announcing it.

     Callahan said he will drop the charges as soon as he gets the paperwork on the policy.

     Library Director Charlotte Rabbitt said the balloon-animal program they had was very popular but said she has started looking for entertainers who do not use balloons for children's events at the library.

     While she said she is happy to accommodate the Callahans she hopes the situation will not escalate.

     "Not having balloons and gloves in the library is not a burden for us but there's latex in computer mice, paint and carpets," she said. "(Removing them) would be a major expense for us."

     Callahan said most of these products use synthetic latex, which is safe.

     Latex allergy involves having a reaction to natural rubber products, so buying toys for Andrew is also a challenge.

     "Hard plastic is safe but if it's soft or rubbery it could be a natural rubber product," said Callahan.

     When unsure, they have contacted the toy manufacturer to find out what products were used.

     Callahan is pleased that Massachusetts is considering a latex-free policy for restaurants, a policy already in place in Rhode Island.

     A House of Representatives petition to implement such a policy statewide is currently under review, according to the state's Web site.

     Andrew also has a spinal condition that restricts movement but he enjoys surfing the Internet, playing computer games and play dates with friends at home.

     It's not the same as going to Chuck E. Cheese's, admits his dad, but they try to do their best to make sure he leads a somewhat regular life.

     Andrew also loves to read, pick out books at the library and participate in the summer reading programs. He is looking forward to going back to the library but he can't yet, not until his parents find out the last time latex balloons or gloves were present there and how safe the atmosphere is.

     When it is safe for him to go in, "we have to monitor him like a hawk," said Callahan.

     "There's not a lot of things he can do for fun," he said. "One of the things he can do is go to the library."

     Callahan said it was unfortunate that he had to battle for his son's rights at the library. "Now it's over and the last thing I want is to hurt the library," he said. "We did not want to hurt anyone or the town. Our only objective was to have our son safely use the library."

     Andrew knows to avoid elastic bands, erasers, balloons and gloves and is surprisingly mature dealing with his allergy, even if it means carrying an Epi-Pen (to administer an epinephrine injection) in case of danger.

     Prolonged exposure to latex can lead to respiratory problems and anaphylactic shock, which causes a sudden drop in blood Pressure. It can be life-threatening, according to the Occupational Safety and Health Administration Web site.

     "Unfortunately, when you have to live your life a certain way, you have to grow up faster," said Callahan. "He's doing well, he is well aware of his limitations but it does hurt him."

     The Callahans also have a 4-year-old boy, Shane, who is allergic to peanuts, milk, eggs and soy, and understands Andrew's problem with latex.

     "It's very challenging to go out and eat somewhere," Callahan said.

     http://www.milforddailynews.com/localRegional/view.bg?articleid=71083

( Auditi Guha can be reached at 508-634-7585 or aguha@cnc.com. )