TITLE III ADA Or a little story of the child that couldn't

Thomas Cagle (nh-adapt@juno.com)
Fri, 4 Sep 1998 08:37:03 -0400


This thread is taken from another list

The genesis of this story is Brenda and her disabled son wanted to go to
a wrestling match. There was a barrier at the arena that would not permit
a wheel chair to even enter the arena. We won't even talk about whether
he could've gone to the john, bought some popcorn or any of the other
trivia of this sort of event.

Why people pay to watch other people hit each other with folding chairs
is beyond me. I guess the thought of ducking those same chairs as they go
sailing around the hall turns some people on. Anyway this sort of
accomodation was supposed to have been completed (Title III, places of
public accomodation) back in 1992. Needles to say the turnstyle barriers
are still in place and the site claimed that because it was privately
owned they did not have to comply. WRONG!

I don't know to what degree this sort of suit can be adapted to homless
issues. Were I directing an action I know I would put people with
mobility disabilities in the front ranks of any action. If for no other
reason than to muddy the cities claim of impartiality in rousting them
Tom

From: Brenda Klauditz 
To: Thomas Cagle <nh-adapt@juno.com>
Subject: Re: TITLE III ADA

Hi Tom,
you got it right!!!   Steve is sending me the "stuff" I will give it my
best
shot. Daniel needs to see that this is not O.K. and that it has to be
stopped. If I don't do anything I will be letting him and myself down. I
hope it's not too complicated. I am sure it is like second nature to
Steve.But I will try.
Brenda
----------
> From: Thomas Cagle <nh-adapt@JUNO.COM> 

>>-----Original Message-----
>>From: Michael Ragland 
>>Date: Thursday, September 03, 1998 3:33 AM
>>Subject: TITLE III ADA
>>
>>Michael, et all. Think perhaps just talking to the owners first may
help? If
>>that works, no one gets hurt (further). Brenda won't have to go through
all
>>you mention and the owner does not have to pay lawyers. I myself like
to use
>>honey to catch flys, tHEN use vinegar if need be. Thats how I got
WALMART to
>>install an automatic door in our local store. They had one to exit, but
not
>>to enter. Notice now they all have (or soon will) have them both ways.
Dave
>>Thomas? They had to use vinegar on him. Thats my 2 cents.
>>Pete
>
>Ok I first forwarded this note off to Steve Gold. So he may well have
>replied back direct to Brenda. *shudder* I hate to have to be my own
>council-but-this is my understanding of the steps in filing a pro-see
ADA
>complaint.
>
>First Brenda or anyone else for that matter should understand what they
>have been denied access to. In this case a title III public
accomodation.
>
>Second she will need to send a letter to the site that has denied her
son
>access and request in writing how they are going to resolve this
>oversight. Her letter should set some basic terms (like when she expects
>to receive a reply). This letter should also be clear in describing what
>this facility should have in the way of public access i.e. entrance,
>exit, access to snack bar, rest room, parking etc.
>
>This letter should also be clear (and freindly if possible) that if
>Brenda does not hear back from them on what their plan is, she will file
>pro-see in Federal Court under Title III of the ADA. If at any time the
>site has threatened violence I might also mention a civil rights suit as
>well.
>
>I think Brenda will not be able to file a fee abatement claim for the
>court filing costs ($125 I think) but she does not need to tell the
arena
>that.
>
>She should copy off what some of those Title III access laws are, and
may
>want to attach them to her letter. She will also want to bring them with
>her to court, if that final step must be taken.
>
>I personaly have listened to Steve insist that the law is clear and can
>be brought to court without a laywer.
>
>Steve Gold If I have mis-spoken please bail me out any time real soon!
>
>Tom



--------- End forwarded message ----------

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