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Lawsuit filed against YMCA in Palm Harbor
Evan Axelbank reports
PALM HARBOR, Fla. - A lawsuit has been filed against the YMCA of the Suncoast after a three-year-old girl was assaulted in a childcare facility at their center in Palm Harbor.
It allegedly happened in what the YMCA called its Eagle's Nest, a jungle gym in the "Kid Zone," an area where kids are supervised by staff while parents work out. Late one morning in June 2019, the lawsuit said two brothers, aged 11 and 7, held down a victim, identified in the lawsuit as "Jane Doe," and sexually battered her.
"[She has had problems] with relationships, emotional problems, scholastic problems, acting out," said family lawyer Josh Drechsel.
The lawsuit names the YMCA's executive director, Delonyx Cortez and then-supervisor of the Kid Zone, Linda Penn, as being responsible for numerous failings. It said the view of three employees was blocked by the play equipment and that deputies were only called by the girl's father after he found out from Penn, who allegedly asked if the girl "makes up stories" and "made statements to the effect of, 'What's the big deal? They just wanted to look.'"
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Further, it said the mother of the two brothers said, "I can't believe this happened again," and wanted the boys to apologize.
"These juveniles themselves, more than likely have been victims as well, someone else has done this to them," said Drechsel.
It said the boys never should have been allowed to be near a girl that young, and that two employees were aware the boys did something similar to another girl in the Eagle's Nest in late 2018.
"The parents obviously want justice, and they want answers to the questions of why this happened," Drechsel said.
The YMCA sent a statement to FOX 13 in response:
"The YMCA of the Suncoast takes the safety and security of all those that we serve in the highest regard. On June 15, 2019, the alleged incident was reported to law enforcement, who conducted a full and thorough investigation. The YMCA of the Suncoast was not charged with any violations, nor was it found to have done anything improper.
To date, law enforcement has closed its investigation. The YMCA of the Suncoast remains available and cooperative should any further investigation be needed."
During an interview, lawyers for the girl's family responded by saying they had been discussing the allegations with the YMCA for quite some time.
"You attempt to resolve these and hope to not have to file and have to put the family through this," said Drechsel. "[The YMCA] should accept responsibility and accountability for what happened."
Shortly after the incident, the supervisor of the Kid Zone, Linda Penn, was fired. Executive director Delonyx Cortez is still there, according to the YMCA. Attempts to reach both were unsuccessful.
Lawyers for the little girl are also asking anyone else who may have been a victim of these boys to step forward. Anyone who may have been, can email ymcaabuse@gmail.com