Discrimination

[iam4-1god]

Hey-my husband uses a Rascal to get around town because he has breathing problems. Last Friday, he drove his Rascal into a convenience store in Rome City. He was told by an employee and the owner that he couldn't drive the Rascal in the store. They told him that they didn't want it in there. He parked it by the tables, and he was just sitting there talking to other coffee drinkers.
So, can anyone tell me if this is legal? We have contacted several lawyers and they all say that they do not handle cases like this anymore. Don't we have any legal representation in this country any more? My husband has been told that he has a case, but no one will represent him. This is not right! Does anyone know anything about this?

[nathandiehl]

I recommend you try calling a bigger firm.
Barnes and Thornburg in Fort Wayne have at least one partner who does employment ADA work, so they may be able to help.

If they cannot, ask them to recommend an area firm that could help.

[michael medeski]

Hey-my husband uses a Rascal to get around town because he has breathing problems. Last Friday, he drove his Rascal into a convenience store in Rome City. He was told by an employee and the owner that he couldn't drive the Rascal in the store. They told him that they didn't want it in there. He parked it by the tables, and he was just sitting there talking to other coffee drinkers.
So, can anyone tell me if this is legal? We have contacted several lawyers and they all say that they do not handle cases like this anymore. Don't we have any legal representation in this country any more? My husband has been told that he has a case, but no one will represent him. This is not right! Does anyone know anything about this?

that is too bad that a store owner has to be a jerk. as long as he is not breaking a law it's fine. tell them they have to call the cops if they want him to leave. personally i would not want to hang out somewhere i was not welcome anyway. don't waste your time and money to try and take them to court. if he feels the need to keep hanging out there. do it. what are they going to do, have him arrested?

[JoeGearhart]

He is most definitely protected by federal laws:
http://www.ada.gov/cguide.htm

I've bolded a couple spots that may apply.

ADA Title III: Public Accommodations

Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by title III.

Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements. Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation's resources.

First of all, it's crap that we still deal with discrimination on this level. Secondly, I'd never spend another penny there, and I'd do my best to make sure that everyone I knew was aware of how they are.

[evilkumquat]

Like Joe said, spread the word to all your friends, family and total strangers about the way he was treated.

A lawsuit, even if your husband has a case, will be expensive and it is unlikely that any law firm would take the case pro bono.

The word-of-mouth as to the convenience store's treatment of physically-challenged people could be enough.

[michael medeski]

like joe and evil said spread the word. try and get 4 or 5 other people with scooters to all go in at the same time. that would really make the owner happy.

this kind of upsets me because i might need one some day, and if someone did that to me i would be mad too. like i said, you could just keep going back, what can they do?

[hairypumper]

Call them up and tell them you're from the ACLU and you are investigating complaints about non compliance with the Americans With Disabilities Act. Remember to use caller i.d. block. Of course this could backfire and get you in trouble for phone harassment.

[Copycatted]

like joe and evil said spread the word. try and get 4 or 5 other people with scooters to all go in at the same time. that would really make the owner happy.

this kind of upsets me because i might need one some day, and if someone did that to me i would be mad too. like i said, you could just keep going back, what can they do?

Good way to look at it michael medeski,that you might need one someday...myself have aleady been diagnosed from such an injury that if it pleads on out I'm in line for one of those chairs someday.

Don't know if I got the spellings right but am sure most know that Scientist Stephen Hawkings who is restricted to a wheel chair with even a computer for aid in talking and is well respected in the Government community. My point being to bad that it seems you almost have to have a title that goes with the name before you get something as small as a little respect from the g.p. Am sure there's not a business that would get as far as that wife got to write about it before authorities would of moved in on someones behalf that has a reputation such as that Stephen Hawkings. But again good way of looking at it michael medeski. Those who look down at it (even as example in my case) will change their outlook a little to late if they ever got to look up from a wheel chair.