[blindlaw] FW: NY blind woman's suit over menus

[Mark BurningHawk]

Perhaps the question here is, Does the help of a sighted person constitute 
reasonable accommodation.  What if the sighted person is suddenly not there? 
It would seem that this is a stopgap fix at best.  This would also seem to 
cast confusion on the definition of "independence" because if one defines 
being accommodated as being helped by whoever is around who can help, then 
independence could be defined as having enough assistance to not need 
institutional or state-sponsored care.  I guess we all know what a setback 
that would be.

----- Original Message ----- 
From: "McCarthy, Jim" <JMcCarthy at nfb.org>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Tuesday, November 21, 2006 11:19 AM
Subject: [blindlaw] FW: NY blind woman's suit over menus


> Given the little we can learn about this case from the story, did the
> New York Judge error in dismissing this case?
> Jim McCarthy
> -----Original Message-----
> From: James Elekes [mailto:jelekes at sc.rr.com]
> Sent: Tuesday, November 21, 2006 2:08 PM
> Subject: NY blind woman's suit over menus
>
>
>>
>>Appeal filed after dismissal of blind woman's suit over menus
>>
>>
>>By Ariel Zangla , Freeman staff
>>Kingston Daily Freeman - Kingston,NY
>>Monday, November 20, 2006.
>>
>>
>>CATSKILL - An appeal was filed last month in the case of a legally
>>blind Catskill woman who wants several area fast food restaurants to
>>provide Braille or large-print menus.
>>
>>The appeal was filed Oct. 20, after U.S. District Court Judge Gary
>>Sharpe granted a motion on behalf of the defendants to dismiss the
>>case. New York City attorney Michael O'Neill said he filed the appeal
>>on behalf of his client, Alice Camarillo, who is seeking to have fast
>>food restaurants in the Hudson Valley provide large-print or Braille
>>menus. He has said his client is legally blind and would prefer access
>>to large-print menus as her ability to read Braille is not very good.
>>
>>In his decision, dated Sept. 25, Sharpe stated in part that the case
>>was dismissed because Camarillo lacked standing to pursue her claim for
>
>>injunctive relief under the federal Americans with Disabilities Act and
>
>>because the defendants provided her with reasonable accommodations. The
>
>>decision also states that Camarillo did not allege facts sufficient to
>>show she had been denied service and that she is unable to state a
>>claim under the state Human Rights Law.
>>
>>On Friday, O'Neill said the appeal was filed because his client feels
>>very strongly about her case. He said he also felt the judge misapplied
>
>>the standards when deciding on dismissal.
>>
>>O'Neill said the lawsuit is at a very technical stage where Camarillo
>>merely needs to file her complaint and provide notice of what she
>>claims the defendants did wrong. He said she did not have to provide
>>all the facts.
>>
>>Additionally, O'Neill said the case deals with the federal Americans
>>with Disabilities Act and the state Executive Law, which prohibits
>>discrimination. He said the federal law requires a public place to make
>
>>some accommodations for people with disabilities. The state law simply
>>prohibits a public place from discriminating against a person with
>>disabilities, O'Neill said.
>>
>>"Now, I'm not sure the difference is all that great," O'Neill said.
>>He said in cases where public places do not give some accommodations to
>
>>people with disabilities, that could be considered a form of
>>discrimination. O'Neill said the judge failed to consider that
> argument.
>>
>>O'Neill also said a further example of discrimination is when Camarillo
>
>>asked to have the menu read to her, but was told to wait while other
>>customers were served ahead of her.
>>
>>
>>http://www.dailyfreeman.com/site/printerFriendly.cfm?brd=1769&dept_id=7
>>4958&newsid=17488831
>>
>>
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