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

Tue Nov 21 20:38:14 CST 2006

Oh I completely agree with you 100%.  I've done my bit by brailling menus 
for chains when I can; most notably the Pizzeria Uno chain in Boston some 
time back, others since then as I've drifted about.  But I'd never expect it 
to become universal, any more than I expect Braille on elevator buttons or 
crosswalks with buzzies in their tummies to become universal.  My attitude 
is if it's there, nice; thanks.  If not, and if a little research doesn't 
pull up at least a rough menu on line (assuming time for this) then just 
consider this business as usual and use the force.

----- Original Message ----- 
From: "Kathleen Hagen" <khagen12 at earthlink.net>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Tuesday, November 21, 2006 3:09 PM
Subject: Re: [blindlaw] FW: NY blind woman's suit over menus

> Well, I'm way too busy to get into this argument, but here I am anyway.
>
> This is the kind of case that I, as a blind person, find extremely
> embarrassing.  Bad cases make bad law, and for my money, this is one.
>
> While I do consider that it is good business practice for restaurants to
> provide braille menus, and, yes, I suppose, large print menus, I think 
> it's
> a little much to expect in a fast food restaurant where the average length
> of time anyone spends getting someone's meal together is probably five
> minutes.  Also, these places are routinely staffed with highschool or
> post-highschool kids.  In that kind of situation, I dislike people who
> deliberately draw attention to themselves by trying to get someone to 
> "read
> a menu" to them while everyone else is standing in line behind them.  And,
> come on! How much variation is there in a fast food restaurant, 
> particularly
> if you have some idea what each chain offers.
>
> I will generally ask short questions, (in the event I go to a fast food
> restaurant, which I actually don't, unless Starbucks is fast food) I would
> ask short questions like:  "do you say quarter pounder here or is that
> Burger King?" or "what kind of milkshakes do you have?" or "do you have
> salads here"?  In other words, I would try to limit the amount of time
> someone would have to take to respond to me, knowing that the whole point
> there is very fast service and fast turn-around time.
>
> Having said all that, it doesn't appear to me that the judge made the 
> right
> decision, but again, bad cases tend to come out with bad decisions,
> correctly or incorrectly decided.  I don't think the judge should have
> dismissed the case for no factual basis.  I think that the only thing she
> may really have had a good shot at was injunctive relief, and I can't
> imagine why she didn't have standing unless she was filing against a whole
> chain of restaurants when she only went to one.  You have to have some 
> kind
> of connection between you and the place you're suing after all.
>
> This kind of case just makes me very cranky!  I know that's more 
> information
> about me than you all needed!
> Kathy hagen
> ----- Original Message ----- 
> From: "McCarthy, Jim" <JMcCarthy at nfb.org>
> To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
> Sent: Tuesday, November 21, 2006 1:19 PM
> 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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>
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