Monday, September 6, 2010

ADA Violation at The Avenue?

Kay recently visited The Avenue in Edgewater, NJ. She's been a customer there for years, but this was the first time she'd used her TravelScoot in the store. When she went to try on clothes she was told she'd have to leave her scoot outside the door. She noted that the dressing room was big enough to fit 5 TravelScoots, so space wasn't the issue. What was the issue was the store employee saying that store policy wouldn't allow her to take her scooter into the dressing room.

Kim (the store employee) finally conceded that Kay could take her scooter in the dressing room this one time, but that she cannot do it next time.


  1. oh no she didn't! call the manager or owner or someone. don't let this little piece of work do that to you! no no no...

    hugs, bee

  2. Did Kay speak to the manager?

    Store policy? Did they have a problem with rampaging scooters in dressing rooms? Sounds like a boat load of crap to me.

  3. Yup that sounds like an ADA violation to me!! Contact the ACLU. I'm sure they would gladly have a chat with the store for you and, um, "educate" them.



  4. Totally an ADA violation. Unless they can show it will cause a large amount of harm to someone or property they are required to allow mobility devices.

  5. It would seem to me that if stores are required to provide accessible fitting rooms, they shouldn't be banning mobility devices.

    And there are a few updates this year:

    "Mobility Devices: The 2010 Revisions adopt a new two-tiered approach to mobility devices, drawing a distinction between wheelchairs (and other devices designed for use by individuals with mobility disabilities, e.g., canes, crutches, walkers) and “other power-driven mobility devices” (those not primarily designed for use by individuals with mobility disabilities, e.g., Segways). Wheelchairs (and other devices designed for use by people with mobility impairments) must be permitted in all areas open to pedestrian use. “Other power-driven mobility devices” must be permitted to be used unless the covered entity can demonstrate that such use would: (i) fundamentally alter its programs, services, or activities; (ii) create a direct threat to others; or (iii) conflict with legitimate safety requirements.

    Places of public accommodation can request – and must accept – the presentation of a valid, state-issued disability placard or card, or state-issued proof of disability, as verification that an individual uses the other power-driven mobility device for his or her mobility disability. In the alternative, the place of public accommodation must accept a verbal representation, not contradicted by observable fact, as a credible assurance that the other power-driven mobility device is being used because of a mobility disability."

  6. When I first started with the 'scoot, I had a couple of run-ins with people over my "toy" and whether or not I could use it in their establishment.

    I now have two stickers, similar to this:
    One is stuck to the tag that came with my 'scoot, and hangs on my handlebars.
    The other is stuck on one side of my seat-back.
    That seems to help people get a clue, even though I think it's funny, because *anyone* can buy a stupid sticker and slap it on their gadgets. It's not actual proof of anything.

    Also: Once I finally got my handicapped parking placards, I got two, because we own two cars. I never USE the second car, but I took the spare placard anyway.

    I keep it in my bag, so that if I park my vehicle, and catch a ride with someone else, I have it with me, and can still use handicapped parking.

    It's also handy to have so I can whip it out if anyone's giving me grief about my 'scoot, and say "The State of Texas recognizes my disability. We also have a federal law called "The Americans with Disabilities Act. If you *really* want to push this issue, you will not be harassing the cripple on the scooter, you will be arguing with lawyers in a courtroom. Lawyers take this kind of work pro-bono. So you will be paying for your lawyers, and I will not be paying for mine. And you will almost certainly lose, because I *do* have the right to use this here, and I know it. So do you want to reconsider your approach?"

    Ok, not that I've ever had to actually say that, because once I got my "anyone could buy that" stickers, I haven't had anyone else give me a hard time. But I rehearse it just in case, because I'm lousy at thinking of that stuff in a stressful moment ;-p