Victim's mother, attorney speak on lawsuits against Cheer Athletics–Plano

AUSTIN, Texas - One of the most recognized gyms in competitive cheerleading has filed for Chapter 11 bankruptcy. 

This comes as it is facing several lawsuits.

Mims family files lawsuit

Local perspective:

"Boy, it's making me have these flashbacks to all of this," Ari Mims' mother, Alicia Mims, said.

Alicia Mims' daughter, Ari, was a cheerleader at Cheer Athletics in Plano.

"Ari fell in with the stage. She loves the lights. That's what she used to call it when she was a little girl, ‘I wanna do the lights’ and so we went ahead and put her in cheer, and you couldn't get her out of the cheer gym at that point," Mims said.

But, Mims said her daughter started struggling.

"You could tell that a lot of it had to do with things she just wasn’t understand," Mims said.

Ari wears cochlear implants and to better relay what her coaches were saying to her, her mother asked for an American sign language interpreter. Mims said the owners wouldn’t make the accommodation. She said when lawyers became involved, an interpreter was made available, but the owners placed significant restrictions on them.

"It began to feel like because we had requested the interpreter, now it was a problem, and it would just be easier if she was just no longer there," Mims said.

Ari is no longer at Cheer Athletics but still cheers at a gym nearby. The Mims have sued Cheer Athletics in federal court.

"Entities like cheer athletics are required to ensure that they provide effective communication and equal access to their deaf participants, and it's what the law requires," the Mims' attorney, Andrew Rozynski said.

Sexual assault lawsuit

Local perspective:

The gym is also named in another lawsuit in Travis County.

"We decided to come forward, so no other child would experience what we went through," Hannah Gerlacher said.

Twins, Hannah and Jessica Gerlacher claim their former coach, Jason McCartney, sexually abused them and Cheer Athletics and the U.S. All Star Cheer Federation failed to protect them. 

Dig deeper:

Last week, they were set to go to trial, but it was halted. Cheer Athletics—Plano filed for Chapter 11 bankruptcy. 

The Mims' lawsuit, which was supposed to go to trial later this month as well, is also paused.

"They clearly did not want both our lawsuit and the other lawsuit to be out there and be heard and have the story told at trial, and so they use this as a tactic to delay everything. Not to say that eventually we won't get our day in court, but it's now going to be much more delayed because of this tactic," Rozynski said.

What's next:

For the Mims family, Alicia said she would continue to fight for other little girls like Ari.

"She’s opening the door and paving the way to help other athletes be able to get access without such a hard pushback," Mims said.

Attorney speaks out

What they're saying:

"I think they’re trying to avoid accountability, especially with the timing," the Gerlachers' attorney, Michelle Simpson Teagle said.

Michelle Simpson Tuegle has represented three other people in lawsuits against former Cheer Athletics coach, McCartney. 

Carrie Methvin, a former family friend and cheerleader, claims McCartney abused her when she was a child. The case is still open. Two other women filed lawsuits against McCartney in Dallas County also claiming sexual assault. Records reveal those were both dismissed.

McCartney hasn’t been criminally charged, but Simpson Tuegel said the allegations have been reported to law enforcement.

"I think there's still the possibility that this person could be prosecuted, and I sure hope so. I think he should be, but that measure of justice is often delayed or doesn't happen is something unfortunately we see all too often in these cases," Simpson Teagle said.

Cheer Athletics—Plano responds

What they're saying:

In a statement, the owners of Cheer Athletics-Plano said:

"Cheer Athletics Plano has voluntarily filed Chapter 11 protection in federal bankruptcy court. We made the strategic decision to do this for the purpose of reorganization after nearly five years of significant legal expenses. While we remain confident in our legal position, this incredibly difficult decision will allow us to strengthen our foundation and continue serving our athletes now and for many years to come. This filing relates to the Plano location only. There will be no interruption to our operations, services, events, or ownership. Practices, competitions, and all scheduled activities will continue as normal at all locations, and our athletes will see the same familiar faces, coaches, and teammates they know and love. We look forward to the opportunity to comment further at the appropriate time."

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