found it https://www.paed.uscourts.gov/documents/opinions/16D0367P.pdf
On Sun, Jul 3, 2016 at 1:21 PM, donald scott <[email protected]> wrote: > 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, Don > Norwalk, 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 > > > > > ------------------------------ > [image: Avast logo] <https://www.avast.com/antivirus> > This email has been checked for viruses by Avast antivirus software. > www.avast.com <https://www.avast.com/antivirus> > > > >
