WOW, That is kind of a big deal. Who has more information about the decision
and how do we go about enforcing it? I live with my caregiver and we go most
places together. So is it saying that the PCA gets in free basically
everywhere? Where it says restaurants and bars it can't mean free food and
drinks right?
Thanks, DonNorwalk, CA. C5-C6
From: Eric Olson <[email protected]>
To: [email protected]
Sent: Sunday, July 3, 2016 11:27 AM
Subject: Re: [QUAD-L] Interesting Legal Decision
Caregivers should get in free but I don't ever see that happening. Maybe if
more people start legal action, something will come of it.
On 6/27/2016 1:46 PM, Don Price wrote:
On May 6, 2016, after three years of litigation, a Title III federal court
case that held that a paid PCA could not be required to pay an admission fee to
a "public accommodation" when the PCA was working with a PWD. The defendant,
the Franklin Institute, did not appeal so it is a final order. The legal
reasoning applies to all Title III entities as the ADA defines them below:
“(7) Public accommodation: The following private entities are considered public
accommodations for purposes of this subchapter, if the operations of such
entities affect commerce— (A) an inn, hotel, motel, or other place of lodging,
except for an establishment located within a building that contains not more
than five rooms for rent or hire and that is actually occupied by the
proprietor of such establishment as the residence of such proprietor; (B) a
restaurant, bar, or other establishment serving food or drink; (C) a motion
picture house, theater, concert hall, stadium, or other place of exhibition or
entertainment; (D) an auditorium, convention center, lecture hall, or other
place of public gathering; (E) a bakery, grocery store, clothing store,
hardware store, shopping center, or other sales or rental establishment; (F) a
laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe
repair service, funeral parlor, gas station, office of an accountant or lawyer,
pharmacy, insurance office, professional office of a health care provider,
hospital, or other service establishment; (G) a terminal, depot, or other
station used for specified public transportation; (H) a museum, library,
gallery, or other place of public display or collection; (I) a park, zoo,
amusement park, or other place of recreation; (J) a nursery, elementary,
secondary, undergraduate, or postgraduate private school, or other place of
education; (K) a day care center, senior citizen center, homeless shelter, food
bank, adoption agency, or other social service center establishment; and (L) a
gymnasium, health spa, bowling alley, golf course, or other place of exercise
or recreation.” This makes sense to me because a person with a
disability who requires a caregiver to be with them is essentially charged
double to enter a museum/restaurant/zoo etc.
Don. Tempe, AZ C5-6
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