[blindkid] question re shopping assistance

[Carol Castellano]

I think most of the time it's ignorance of the law requires rather 
than willfully ignoring it.  Part of the reason the law is written in 
generalities ("reasonable accommodation," "undue burden," etc.) is 
that each situation will be different and it would be impossible to 
cover every single eventuality.  Also, when laws are written very 
expressly, many times the letter is followed, but not the spirit, 
still leaving things wanting.

At a legal seminar I attended, it was explained that ideally, a 
dialogue takes place between the party in need of accommodation and 
the party under the obligation to provide it.  But again, how many 
people--disabled or provider--even know that?

Last, but not least, if things were prescribed in the law, then blind 
people would end up being forced to accept accommodations that had 
nothing at all to do with them, as providers would be saying, "this 
is what you get; this is what the law says," etc.

Carol

At 04:30 PM 12/9/2009, you wrote:
>Sounds like we have some work to do in clarifying the letter of the law.
>Accessibility  would most certainly need to include being able to traverse
>the store as well as be able to read sales signs and such.  Perhaps in
>addition to a kind and thoughtful request, there could be a strong assertion
>that a blind persons reasonable access would include much more costly
>resolutions which could most certainly be avoided by proper customer
>service.  Again, I would also ask stores if they have personal shoppers.
>This is something I was introduced to by sighted individuals who have been
>using them for years.  Interesting how laws are written in ways that the law
>can be ignored. Very frustrating indeed.
>
>Albert J. Rizzi, M.Ed.
>CEO/Founder
>My Blind Spot, Inc.
>90 Broad Street - 18th Fl.
>New York, New York  10004
>www.myblindspot.org
>PH: 917-553-0347
>Fax: 212-858-5759
>"The person who says it cannot be done, shouldn't interrupt the one who is
>doing it."
>
>
>-----Original Message-----
>From: blindkid-bounces at nfbnet.org [mailto:blindkid-bounces at nfbnet.org] On
>Behalf Of Carol Castellano
>Sent: Wednesday, December 09, 2009 4:14 PM
>To: NFBnet Blind Kid Mailing List,(for parents of blind children)
>Subject: Re: [blindkid] question re shopping assistance
>
>The ADA is the law that ensures access to public accommodations by
>people with disabilities and Sears is indeed a public
>accommodation.  The law does not require any particular accommodation
>to be provided; in fact, the wording in the law about accommodations
>is very general.  So stores can choose the way they want to provide access.
>
>It gets tricky because for most of the public, "access" means a
>wheelchair can get through, and many in the public, including store
>personnel, do not realize what other sorts of access might be called
>for.  Perhaps calling the store in advance and finding a mutually
>agreeable time for shopping assistance would be a workable solution.
>
>Carol
>
>At 08:58 AM 12/9/2009, you wrote:
> >This week my son's O&M lesson was at the mall where he was going to
> >do his Christmas shopping. He has his list and his money and off he
> >went with his O&M teacher. In each store he was to ask for
> >assistance to look for the desired item. This went well in until
> >they got to Sears. He went to customer service and requested someone
> >to assist him to shop and was told that they did not have anyone to
> >do that. When I asked what the O&M teacher said about that he stated
> >he was told that there was nothing they could do about it as there
> >is no law that says the store has to provide him with assistance.
> >Now I am 99% sure that this is not correct. Can someone cite the law
> >to me? Thanks.
> >
> >Susan
> >
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