[blindlaw] question about ADA compliance

Ray Wayne RWayne1 at nyc.rr.com
Thu Jul 26 00:02:26 CDT 2007


Some genius on the ADA hotline told Jack the ADA would not cover this
because it involves a foreign company.  As my sarcasm suggests, I am not
convinced.
I know we have run into this type of situation before, but I do not recall
whether there was a jurisdictional issue, or what forum the matter was
litigated in.  Any other thoughts would be great.
Ray Wayne

----- Original Message -----
From: "Nightingale, Noel" <Noel.Nightingale at ed.gov>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Wednesday, July 25, 2007 12:51 PM
Subject: Re: [blindlaw] question about ADA compliance


> Where is the tour company located?  You might check the insurance laws
> of the state where it is located as there may be a provision in
> insurance law that bars such discrimination against the blind.
> Another resource for you to look at is
>
> www.ada.gov
>
> This would likely be a Title III issue and there may be information
> there about insurance exclusions.
>
> -----Original Message-----
> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org]
> On Behalf Of Jack Chen
> Sent: Wednesday, July 25, 2007 5:31 AM
> To: NFBnet Blind Law Mailing List
> Subject: [blindlaw] question about ADA compliance
>
> Morning everyone
>
> I know that many of you on this list have far more experience with this
> and I was hoping for some thoughts.
>
> I booked a trip to Egypt recently with a tour company called Imaginative
> Traveler.  Recently, however, they refused to allow me to go on the trip
> because I'm blind.  Their justification is that the tour company has an
> insurance policy, and the underwriters have included a clause which does
> not cover visually impaired people.  Therefore, they will not allow me
> to go on the trip. (see email response from booking agent below).  The
> insurance is liability insurance for the tour operator and is different
> than personal health insurance.
>
> Can anyone tell me if this is legitimate or if this violates the ADA?
>
> >I spoke with my manager and she explained that Imaginative Traveller
> >has tour liability insurance which the underwriters have written some
> >exclusions to their policy and apparently one of them is for visually
> >impaired persons.
>
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