[nfbwatlk] Alice's restaurants

[Carl Jarvis]

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

BY THOMAS ZAMBITO
DAILY NEWS STAFF WRITER



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

http://www.nydailynews.com/news/2008/02/09/2008-02-09_fast_food_employees_mocked_a_blind_woman.html
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Fast food employees mocked a blind woman who needed help reading menu
BY THOMAS ZAMBITO
DAILY NEWS STAFF WRITER
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.
mailto:tzambito at nydailynews.com tzambito at nydailynews.com
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