Denied a Moment on Stage at a Foreigner Show… Now It’s Turned Into a Legal Case
A planned moment of celebration at a rock concert in South Dakota has led to a federal settlement after a student who uses a wheelchair was denied the chance to perform on stage. U.S. Attorney for South Dakota Ron Parsons announced on March 16, 2026, that his office reached a Settlement Agreement with Counter Productions Inc. over allegations involving the Americans with Disabilities Act (ADA).
The case centered on an August 2024 concert by the classic rock band Foreigner in Sioux Falls. A member of the Sioux Falls Children’s Choir had been scheduled to join the band during a special performance but was prevented from participating because of accessibility concerns raised by the production company.
Allegations Under the Americans with Disabilities Act
Title III of the ADA requires public venues such as theaters, concert halls, hotels, and restaurants to provide equal access to people with disabilities. The law prohibits discrimination and requires reasonable accommodations so individuals can fully take part in public events and services.
Federal officials said Counter Productions Inc. failed to provide accommodations that would have allowed the student to safely perform alongside her choir. According to the agreement, staff claimed the staging area posed safety risks, even though alternatives were proposed by the Denny Sanford PREMIER Center staff, choir members, and the child’s parents. The student and her family were ultimately excluded from the performance.
Settlement Terms and Company Obligations
As part of the resolution, Counter Productions Inc. agreed to pay $23,500 to the affected family. The company must also adopt new ADA compliance measures, including updated accessibility policies and employee training designed to prevent similar incidents during future events.
“I want to make clear that the band Foreigner was not responsible for this unfortunate situation and none of its members were even aware it was happening,” said U.S. Attorney Parsons. “This was a decision by the production company, and I’m glad it has agreed to this resolution. Most importantly, we are delighted that the Bauman family is now able to put this matter behind them. We have been so impressed by the courage and determination of this young woman, for whom a bright future awaits.”
Family Response and Broader Context
The student’s family said they hope the case encourages awareness and fairness for others living with disabilities. “We are grateful to the DOJ for its persistence in pursuing this Americans with Disabilities Act case to the point of an agreeable settlement,” said Christa Bauman, on behalf of her daughter and the rest of her the family. “We hope this case helps other people who live with a disability to feel seen, heard, valued and empowered to stand up for themselves.”
Assistant U.S. Attorneys Anne Weyer and Sharla Svennes investigated the complaint alongside the Justice Department’s Civil Rights Division. Officials noted that the settlement resolves allegations only and does not represent a determination of liability. Passed on July 26, 1990, the ADA established nationwide protections to ensure people with disabilities can live, work, and participate fully in public life, with information available through the Justice Department’s ADA resources and complaint system.
