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Old 08-20-2008, 12:30 PM   #41
KSagal
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Quote:
Originally Posted by Bob.Kerns View Post
That was my impression, too, though I didn't find it in the Q&A page I expected it on on the ADA website (www.ada.gov). I'll look more another time.

However, for the original complainant, this isn't a public venue, so rather than ADA title III (public accommodations), we're talking title I (employment), and reasonable accommodation.

I think it still nets out as illegal, but I've not read Title I as often, and am even further from knowing all the ins-and-outs than forf Title III.

But back to your point. I've had this happen to me a few times -- "we can supply a wheelchair", or "we have motorized shopping carts". I've never been forced into them -- and paying for it was never an issue. But it was my impression that further, they can't force you to use alternate accommodations.
I believe there are two issues being discussed at the same time...

One was the employee who was denied his mobility device to get from parking to work. This was in a non public part of the park, which shares rules with other parks that have employees using the same device in similar situations.

The other was an employee of another company who rented the park (or parts of it) for a company outing, and he was not allowed in with his mobility device, but was told he could rent a different type of mobility device from the park. This was in the public part of the park...

Either way, the park seems to be treating people with disabilities differently than others, and restricting them in ways that do not seem kosher.
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Old 08-20-2008, 04:47 PM   #42
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Quote:
Originally Posted by KSagal View Post
I believe there are two issues being discussed at the same time...

One was the employee who was denied his mobility device to get from parking to work. This was in a non public part of the park, which shares rules with other parks that have employees using the same device in similar situations.

The other was an employee of another company who rented the park (or parts of it) for a company outing, and he was not allowed in with his mobility device, but was told he could rent a different type of mobility device from the park. This was in the public part of the park...

Either way, the park seems to be treating people with disabilities differently than others, and restricting them in ways that do not seem kosher.
Right -- original complainant (park employee) title I, company outing complainant (park visitor), title III.

Once again, you've clarified my sometimes murky prose. Thanks.

I don't believe either is kosher, they're just unkosher under a different set of rules. There are also different enforcement options.

The lawsuit against Disney over all this (visitor-side) is still on, but who knows how long it will take. A lawsuit on the employee side might help nudge them out of their position and settle.
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Old 02-19-2009, 04:49 PM   #43
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Quote:
Originally Posted by Bob.Kerns View Post
That was my impression, too, though I didn't find it in the Q&A page I expected it on on the ADA website. I'll look more another time.
I'm a poor one to comment here because I seldom interpret things the expected way... <G> but the quote from title 3 that Bob's link led me to says:
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.
(emphasis added)
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.
Courses and examinations related to professional, educational,
or trade-related applications, licensing, certifications, or credentialing
must be provided in a place and manner accessible to people with
disabilities, or alternative accessible arrangements must be offered.
Commercial facilities, such as factories and warehouses, must
comply with the ADA’s architectural standards for new construction
and alterations.

Sounds to me like all those place would be public under that statement. If I'm wrong,remember I'll never be a lawyer. <G>
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Old 02-19-2009, 08:37 PM   #44
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Quote:
Originally Posted by Lily Kerns View Post
I'm a poor one to comment here because I seldom interpret things the expected way... <G> but the quote from title 3 that Bob's link led me to says:
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.
(emphasis added)
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.
Courses and examinations related to professional, educational,
or trade-related applications, licensing, certifications, or credentialing
must be provided in a place and manner accessible to people with
disabilities, or alternative accessible arrangements must be offered.
Commercial facilities, such as factories and warehouses, must
comply with the ADA’s architectural standards for new construction
and alterations.

Sounds to me like all those place would be public under that statement. If I'm wrong,remember I'll never be a lawyer. <G>
Thanks, mom, but I believe the original context here was non-public areas of the park, so I think Title I is what would apply. Of course, I'm not a lawyer, either. But my little brother is busy studying...

Or I could have lost the thread of this old conversation...

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Old 02-19-2009, 10:01 PM   #45
Lily Kerns
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The "public areas" is what the lawsuit hullabaloo is about?

Tomorrow morning.... Since I do not have a garage, it will reside in my living room, next to the only suitable outlet. As you suggested, I will have to wipe its feet when it comes in...
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Old 02-19-2009, 10:34 PM   #46
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Quote:
Originally Posted by Lily Kerns View Post
The "public areas" is what the lawsuit hullabaloo is about?

Tomorrow morning.... Since I do not have a garage, it will reside in my living room, next to the only suitable outlet. As you suggested, I will have to wipe its feet when it comes in...
Yes, the public areas are clear-cut Title III, a public accommodation. I don't believe even Disney disputes that.

I've filed my objection to the class status for the suit.

If you're out in rain, dust, or mud, you might want to have an old towel to wipe it down, or if that's too awkward, a doormat to park on.
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Old 11-12-2009, 11:24 AM   #47
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15 years ago the Nat'l park Service was trying to force eminent domain on my husbands heirship property. Part of their tactics was calling my 95 y/o father~in~law asking him all sorts of questions regarding the property, to further their efforts. I sent a short notarized letter stating if ANYTHING happens to my husbands father IF he so much as stubs his toe I will sue the NPS for contributing to his accident if they are continuing to harass him by phone or mail.
They dropped dropped their phone call harassment instantly. Haven't heard squeak from them since.
Get a Drs. note confirming that you use this as a safer way of travel due to you disability.
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