[blindlaw] Cardinal Fitness Center

Tue Apr 1 12:36:29 CDT 2008

I don't believe you guys are analyzing the question asked:

He is seeking to know what remedies are available under the law if the 
center believes that:
1. Providing a personal trainer for orientation is not a reasonable 
accommodation. He is not asking about the eventual use of that trainer.
2. IF he is not provided with a trainer and refused membership, the argument 
that he is an insurance liability would be denying him equal access to the 
facility. This is a public place and they are certainly under some 
obligation to provide reasonable accommodations. I am not familiar with the 
Law in this area so someone who is should take it from there.

The argument being marshaled here is that asking for a personal trainer at a 
gym to use the machines is analogous to asking for a hotel to provide a 
staff to assist you to watch the TV in your room. Though  this is a valid 
argument, However, what is not valid is a hotel being allowed to refuse to 
provide a staff to assist you to know how the TV operates-- using the remote 
control, etc. The latter would be a reasonable accommodation request, in my 
view. but as others have pointed out, the former would arguably be 
unreasonable. But, under the same analogy, if the hotel were to tell you 
that as a blind person watching TV by yourself would be an insurance 
liability (of course that wouldn't make sense), then I do believe this would 
constitute an equal access violation.

You would think that a competent in-house counsel should be able to advise 
them of what to do to comply, but you'll be surprised of the level of 
ignorance that exist sometimes in these offices.

  I thought I would contextualize the question so that the discussion can be 
more targeted to his situation.

Rod Alcidonis

----- Original Message ----- 
From: "Ford, Tim (CDPH-OLS)" <Tim.Ford at cdph.ca.gov>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Tuesday, April 01, 2008 9:38 AM
Subject: Re: [blindlaw] Cardinal Fitness Center

>I have used gyms and fitness centers for years.  Although I agree that
> orientation to the equipment is an appropriate request, once that is
> done, I do not believe an on-going free personal trainer is reasonable.
> Part of the orientation would be to show you how the environment may
> change when people are using the equipment.
>
> -----Original Message-----
> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org]
> On Behalf Of Steve Jacobson
> Sent: Tuesday, April 01, 2008 7:10 AM
> To: NFBnet Blind Law Mailing List
> Subject: Re: [blindlaw] Cardinal Fitness Center
>
> Wow, I have heard of difficulties running some of the various exercise
> machines in fitness centers, but I have never heard of a blind person
> needing a personal trainer to avoid hurting themselves or someone else.
> Asking for someone to familiarize one with the machinery and the layout
> to some degree seems reasonable, but expecting a personal trainer
> strikes me as excessive, especially since they are not providing
> personal training.  There are two parts to this issue, though, the legal
> part and the practical part, and it's not easy to draw the line, and
> perhaps there are circumstances here of which I am not aware.
>
> On Mon, 31 Mar 2008 22:11:43 -1200, Ron Dixon wrote:
>
>>
>>Hi Gang:
>>
>>A question for anyone who has encountered this problem or know of this
>>problem.  I recently moved to the Chicago area from Florida and finally
>
>>found a fitness
> center
> near my home.  When I called to inquire of membership, I informed the
> office manager of my blindness and my need for an accommodation.  I
> explained my fitness center in Florida provided me with a personal
> trainer who insured I did not injure myself using the equipment or
> injure someone else by possibly tripping them or tripping and falling
> onto someone.  Nevertheless, the arrangement worked and there was no
> extra cost.
>>
>>The manager at Cardinal, however, refuse to make a decision on allowing
>
>>my membership and/or accommodations.  He passed the buck to his manger
>>who called
> me
> the following day and after listening to the same story told me he did
> not have the authority to offer accommodations and he will have one of
> the partners get into contact with me.  I am currently still waiting on
> the partner's call.
>>
>>Does anyone have any suggestions on how to deal with the partner, or in
> case the partner does not return my call?
>>
>
>
>
>
>
>
>
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