[blindlaw] FW: [blind-catholics] Fast food employees mocked a blind woman who needed help reading menu

[McCarthy, Jim]

I recall seeing a note that the below case was dismissed either for
failing to state a claim or based on summary judgment.  However, the 2nd
circuit, on appeal  will permit the case to proceed.  I know nothing
more than is in the following message.
Jim McCarthy

-----Original Message-----
From: Pare, John 
Sent: Monday, February 11, 2008 8:05 AM
To: McCarthy, Jim; Hartle, Jesse; Danielsen, Chris
Subject: FW: [blind-catholics] Fast food employees mocked a blind woman
who needed help reading menu

 


Fast food employees mocked a blind woman who needed help reading menu

BY THOMAS ZAMBITO
DAILY NEWS STAFF WRITER

Saturday, February 9th 2008, 4:00 AM

Alice Camarillo, who is legally blind, says she was ridiculed when she
asked for help reading the menu at fast-food restaurants like Burger
King, McDonald's, Taco Bell and Wendy's.

She sued. A federal judge in Albany threw it out, saying the law doesn't
require restaurant workers to be polite.

Yesterday, a Manhattan federal appeals court overruled the lower court,
and Camarillo can sue the restaurants under the Americans with
Disabilities Act.

"I feel good about it," Camarillo, who lives in upstate Hudson, told the
Daily News. "I'm just sorry it took so long. Quite a few things that
they did were humiliating."

The appeals court ruling means the 2005 suit - believed to be the first
of its kind - could go before a jury this year. The issue is whether the
restaurants properly train their employees to serve the blind and
disabled.

Camarillo said annoyed workers served other customers before reading her
just a partial list of their offerings. Camarillo can read large print
when she holds it close, but can't make out most menus.

During a visit to Burger King, employees "laughed and stared" and
pointed her in the direction of the men's room when she asked for a
bathroom, she claims.

At Taco Bell, a cashier told her to wait until the rest of the customers
had ordered.

"Put simply, Camarillo cannot experience full and equal enjoyment of
defendants' services if she is unable to access the list of the services
available to her," the appeals court said.

Last year, Albany Federal Court Judge Gary Sharpe dismissed the suit,
saying Camarillo was never denied service at the restaurants. Sharpe
said ADA laws don't regulate "rudeness or insensitivity" of workers.

The appeals judges' disagreed.

"While restaurants are not necessarily required to have on hand large
print menus that Camarillo would be able to read, they are required to
ensure that their menu options are effectively communicated to
individuals who, like Camarillo, are legally blind," the judges wrote.

Camarillo's lawyer, Michael O'Neill, believes this is the first time a
blind or disabled person has made such a challenge under the ADA.

"The way Alice was treated in some of these restaurants was just
horrible,"
O'Neill said.

Lawyers for the restaurants declined to comment.

tzambito at nydailynews.com