[Blindtlk] A Question Regarding PublicAccommodationRequirementsunder the ADA

Tue Dec 12 06:46:20 CST 2006

Thanks for all your input guys.  I am really thankful for this list and
for all of you.  I have definitely learned something new.  I just always
thought the in-store assistance fell under the reasonable accommodation
law.  I really didn't know. To tell the truth, I feel like something of
a fool now.  I'm kind of hesitant to go back in there, because I don't
feel very welcome any more, and feel like I'm bothering them.

Another thing that the manager and I argued about, which, if he hadn't
let it go, would definitely have been discrimination was his objection
to my getting what I could on my own.

The Dollar Store is small, and there are some items that I can identify
by touch and tell what they are.  So... If I don't' want to wait for or
they don't want to provide assistance, I can get those things on my own.
For instance, the boxes of Splenda we get have a distinctive feel, and I
know where they are.  Also certain kinds of candy and kitchen items and
so forth are like this.

Anyway, he got really angry a while back, because I came in and didn't
let anyone know I was there, just got the things I could on my own.  His
contention was that the aisles are very congested, and if this poor
incompetent blind woman (dripping with sarcasm) was to fall or trip over
something, they might be liable.  So he didn't want me doing that.

When we were arguing on Saturday, I challenged him on that.  Initially
he said "yes, I do have a problem with that," and restated the above
reason.

I said "but this is a self-service store, you just said that. Some
things I can get on my own and you can't prohibit me from doing what
others are allowed to do. That is discrimination."

He called  his boss and ultimately said that I was free to walk the
aisles and get what I needed if no one was available to help, but that
if anything happened to me, they weren't liable.

Well, as I say, I have definitely learned something new. Wow!  It sure
sheds a new light on the situation at Kroger.  I often get irritated
with them because they will provide a bagger as an assistant, many of
whom are academically challenged kids who honestly can barely read.  I
honestly don't know how many of these kids filled out job applications!
It's so frustrating sometimes.  I mean, if I could read the print labels
myself, I wouldn't' need any assistance.  I've always been like, "why
would you give a blind person an assistant who can't read?!" Now to find
out they really aren't required to provide any assistance at all.

Better be thankful for what I get.

Diane Graves 
Civil Rights Specialist 
Indiana Civil Rights Commission 
Alternative Dispute Resolutions Unit 
317-232-2647 

"Attitude is a little thing that makes a big difference."--Winston
Churchill  

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-----Original Message-----
From: blindtlk-bounces at nfbnet.org [mailto:blindtlk-bounces at nfbnet.org]
On Behalf Of Brian Miller
Sent: Monday, December 11, 2006 8:09 PM
To: NFBnet Blind Talk Mailing List
Subject: Re: [Blindtlk] A Question Regarding
PublicAccommodationRequirementsunder the ADA

As Mike notes, they aren't required to provide assistance, but it sure
seems as though they could have been nicer about telling you so.  This
is exceedingly bad business practice if you ask me.  It would be one
thing if they were very busy, or, as they originally claimed,
short-staffed and unable to help at that time.  In the latter case, they
could have politely suggested you come back when someone was available.

Brian Miller

----- Original Message ----- 
From: "Mike Freeman" <k7uij at panix.com>
To: "NFBnet Blind Talk Mailing List" <blindtlk at nfbnet.org>
Sent: Monday, December 11, 2006 6:45 AM
Subject: Re: [Blindtlk] A Question Regarding Public
AccommodationRequirementsunder the ADA

> Diane:
>
> The store manager is right; stores are not required to provide 
> shopping assistance.
>
> Mike
>
> ----- Original Message -----
> From: "Graves, Diane" <dgraves at crc.in.gov>
> To: <blindtlk at nfbnet.org>; <jmcCarthy at nfb.org>; <mmaurer at nfb.org>
> Sent: Monday, December 11, 2006 5:54 AM
> Subject: [Blindtlk] A Question Regarding Public Accommodation
> Requirementsunder the ADA
>
>
> Greetings to all,
>
> My apologies to anyone who might be getting this twice.  Wanted to get

> it out to several sources, as I am needing to get a definitive answer 
> as soon as I can.
>
> Does anyone know what the ADA law states regarding "self service" 
> stores providing assistance with shopping for those who may need it 
> due to blindness or other disability.
>
> I was in a Dollar General a few days ago, and was told that there was 
> no one available to assist me so I would have to leave and come back.

> (I later found out that I was lied too, and that there were, in fact 
> plenty of personnel on hand to assist me.)  But, as the manager 
> pointed out to me, lying is not illegal.
>
> I was told by this same manager that, as the Dollar General is a "self

> Service" store, they are not required to provide me with assistance 
> getting what I needed.  The manager said that they do provide this 
> assistance when they can  but that they are not required under the law

> to do so.
>
> The Dollar General, of course, is by far not the only "self Service" 
> store that I deal with, so I simply need to know if I am being given 
> accurate information, and a store such as this one, or a drug store or

> grocery store and so on, are not required to provide assistance to 
> customers who need it.
>
> This is not the first time this problem has surfaced, so I just need 
> to know whose side the law is on on this one. Am I mistaken or wrong 
> to expect or request this assistance?
>
> Any information I could get would be greatly appreciated.
>
> Diane Graves
> Civil Rights Specialist
> Indiana Civil Rights Commission
> Alternative Dispute Resolutions Unit
> 317-232-2647
>
>
>
> "Attitude is a little thing that makes a big difference."--Winston 
> Churchill
>
>
>
>
> Confidentiality Notice: This E-mail transmission may contain 
> confidential and/or legally privileged information intended only for 
> the individual or entity(ies) named in the E-mail address. If you are 
> not the intended recipient, be advised that any unauthorized 
> disclosure, copying, distribution, or acting in reliance upon the 
> contents of this E-mail is strictly prohibited. If you have received 
> this E-mail transmission in error, please reply to sender to arrange 
> for the return and proper delivery of the transmission. Subsequently, 
> delete the message from your system immediately.
>
>
>
>
>
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>
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