A 9-year-old ‘special needs’ child (8 at the time) suffering from two strokes was attending a birthday party with other ‘special needs’ children at an Atlanta Chuck E. Cheese's restaurant.

Marley was at the restaurant with her father and because of her being somewhat confined to a wheelchair, braces on her legs, and a constant need to use the restroom, her father was her assistance while at the party.

Because of her need to go to the restroom so often, her father asked management at Chuck E. Cheese's to allow her to use the ladies room (with his assistance) and management refused to allow him to enter the ladies room and asked that he take her into the men’s room. In fact, according to reports, even a staff member of Chuck E. Cheese's offered to stand watch while the father entered the women’s room and the Manager turned down that thought as well and was told that they would not adjust any of their policies to accommodate a ‘special needs’ child according to Marley’ mother.