United States Department of Justice – ADA Complaint – Filed Against Menifee Girls Softball – USA Softball – ASA Softball
Menifee Girls Softball President – Jennifer Martinez and the MSG Board – Censor a MSG 8u Manager – Selectively Punish Him in Violation of Their Own Rules While Protecting Fellow Board Members Who Violated Code of Conduct – Appeal Met with Corruption
A United States Department of Justice ADA Complaint was filed against Menifee Girls Softball, ASA Softball and USA Softball, alleging willful discrimination and retaliation against 8 year old Type 1 Diabetic Menifee Girls Softball Player – Gracie Sevilla and her parents.
Gracie Sevilla, age 8, is a Type 1 Diabetic Athlete who suffered total pancreatic failure at age 4 and is Insulin dependent, requiring multiple daily injections of Insulin to metabolize the carbohydrates she eats in her meals and snacks throughout the day; in a healthy individual, this is the job of the functioning Pancreas. Gracie also wears a Dexcom Continuous Glucose Monitoring System; a small device with a filament that inserts below the skin and continuously tests the interstitial fluid for accurate Glucose levels, then brings the reading back to her parents’ mobile device every 5 minutes. The Dexcom alerts both high and low Glucose levels for immediate treatment decisions.
Gracie has endured Blood Glucose Levels as high as 600 + and as low as 24. Both exceedingly high or low levels, such as these, can result in Diabetic Coma or Ketoacidosis, both of which can be fatal in a short matter of time.
Gracie’s father, Tommy Sevilla, was Manager of Menifee Girls Softball (MSG https://www.menifeegirlssoftball.com) 8u 3-0 Florida Gators team and was one of 5 different Managers that were ejected by overzealous umpires on one day and weekend; Sevilla pointed out an illegal Coach Pitching motion that allowed for the opposing player to easily hit the ball and score runs, in violation of MSG Rules but was rebuffed by the Umpire – who arrived to the game in a foul mood 25 minutes after it had started. According to MSG rules, a Manager who is ejected during a game, must also serve an additional game suspension and must immediately leave the premises – not owned by MSG – and cannot be physically present for the next game. However, in retaliation for his free speech and non-threatening comments about overzealous umpires on the MSG Coaches Social Media Thread, Coach Sevilla was censored, as Board Member at Large, Alysa Mugica, her husband and others; including MSG Board Vice-President, David Miller – openly disparaged him on the thread, both before and after he was censored, and while Board President, Jennifer Martinez did nothing but allow the open disparagement; thus violating MSG’s Social Media Policy and Code of Conduct; they were not punished in any form but within minutes of censoring Sevilla on the thread, a vote was taken by the MSG Board to remove him as Manager of the team and thus also nullifying the requirement for him to have to serve the additional game suspension as Manager.
Coach Sevilla appealed their game loss officially, on the grounds that the opposing team won the game due to runs scored with an illegal soft toss underhand pitching motion by the opposing coach that was recorded on video, as well as the game not being a “regulation game” since the game started almost 20 minutes late on account of the Umpire showing up late and the game having to be started by a Board Member acting as an Umpire. However, the MSG Board would attempt to delay and suppress the Appeal by first demanding a $35 fee to hear the Appeal then fail to provide a method or mode of payment for the Appeal when Coach Sevilla was diligent in trying to pay the fee then, not showing up to the designated meeting place (practice field) to pick up Coach Sevilla’s payment. Official witnesses and evidence provided by Sevilla for his Appeal was not considered, in violation of League Appeals Policy and without notice and unbeknownst to Coach Sevilla, the Appeal was heard illegitimately, falsely and corruptly; claiming video evidence not supplied by Coach Sevilla – with no witness testimony and Sevilla not present or being invited to attend; the Board would lie and falsely claim that the opposing Coach pitched in a League approved pitching motion and essentially that the game started on time, despite abundant evidence to the contrary.
Gracie Sevilla subsequently, was not allowed to play in the next game because despite being warned of a potential ADA violation (Americans with Disabilities Act Title II Regulations; Part 35 – non-Discrimination on the Basis of Disabilities, et. al….), because her mother, Melodie Sevilla couldn’t attend the game and her father, who is trained to be able to manage her Diabetes, was banned from the game now as her parent, due to the unprofessionalism, spite and retaliation from MSG Board President, Jennifer Martinez and fellow Board Members: David Miller, Vice-President, Steven Cordova, Coaches Agent, Rachelle Wade, Player Agent, Lindsey Duffy, Treasurer, Ashley Vidal, Secretary, Kyle Titterness, UIC and others. Ultimately, Board President, Jennifer Martinez refused to make a reasonable accommodation for Gracie to play in the game and scoffed at the requirement of law and remained deliberately indifferent to Gracie’s qualifying disability, bent on punishing her father as a parent. Jennifer Martinez would threaten to call law enforcement if Gracie’s father, the censored Coach were to show up but backed off that threat when she was appraised of the fact that she had no authority to do so on private property not owned by but only used buy the league; Marion Ashley Park is a public facility. However, Martinez would then threaten to punish the entire Gators’ team of 8 year old girls with a “forfeit” if their Coach – Sevilla – were to be at the game to watch the team and his daughter play and also be there to treat her Diabetes so that she could play in the game.
Gracie’s mother, Melodie Sevilla, would reach out to Martinez then the USA Softball Board of Directors; including but not limited to: State Commissioner, Christina Drumm, President, Mike Schuck, who never responded to calls and emails and when she reached out to Rhonda Shirey, the Eastern District Commissioner, she was again met with deliberate indifference as Shirey promised to intervene and get back to Mrs. Sevilla by days end, she never did and ignored all follow up urgent phone calls and voicemails left and emails sent to her by Mrs. Sevilla.
Menifee Girls Softball Board President, would openly scoff at the issue, make no effort to provide a reasonable accommodation in accordance with Federal Law, focus on Coach Sevilla now being punished as a Parent, while no longer a Manager of a Team, and ultimately causing tremendous undue stress and trauma upon Gracie and her family, as well as the team itself, who now lost their Manager, faced forfeit scenarios and a season ruined by Menifee Girls Softball Board of Directors politics.
Gracie Sevilla was deprived of the opportunity to play in the game in question and subsequently, several additional games due to this controversy and the deliberate indifference and attitude toward her disability by the MSG board of Directors, ASA Softball and USA Softball, who refuse to intervene and honor the American with Disabilities Act.
On June 8, 2021, a Complaint was filed with the Department of Justice alleging that Jennifer Martinez, et al, the MSG Board, USA softball and ASA Softball, have willfully discriminated and retaliated against 8u girls softball player – Gracie Sevilla and her family.
Gracie Sevilla is a Folkstyle Youth Wrestling Champion for Team So. Cal of Temecula, winning her first two tournaments in Bakersfield, California and Phoenix, Arizona, even being awarded the “Most Outstanding Wrestler Award” as an athlete new to the sport of competitive wrestling. Gracie also excels in Gymnastics, Basketball, Soccer; she was the quarterback on her fathers Friday Night Lights Football team; and is a Pitcher on her Menifee 8u Girls Softball team, recording 8 strikeouts against 9 batters faced in her first ever game as Pitcher.
Tommy and Melodie Sevilla share the story of their T1D daughter Gracie’s diagnosis, treatment, and achievement.
We don’t plan to get a pump. Kids can be cruel, and we don’t want Gracie to stand out too much from her friends. She wears her Dexcom on her leg, so it is under her shorts. We plan to get an alert dog next.”
Now that Gracie is healthy again, she also excels at soccer, baseball and basketball, roller skating and singing Christian Worship Music. Phil Wickham is her favorite artist and “Amazing Grace” her favorite song by him; a song that causes me to cry every time I hear it.”
