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 <whee...@wi.rr.com> To: quad-list@eskimo.com 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 | | This email has been checked for viruses by Avast antivirus software. www.avast.com |