[blindlaw] [bllaw] Blind lawyer: Pro took me for 8G

[ray wayne]

The moral of the story is pay cash and go mobile! Smile! 
Ray Wayne


----- Original Message -----
From: "Rod Alcidonis" <roddj12 at hotmail.com>
To: <BlindLawStudents at googlegroups.com>, "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Date: Saturday, Oct 3, 2009 7:05:36
Subject: [bllaw] Blind lawyer: Pro took me for 8G

>
>
> Blind lawyer: Pro took me for 8G
> 
> By STEPHANIE FARR
> Philadelphia Daily News
> 
> farrs at phillynews.com
>  215-854-4225
> 
> Whether it was prostitution or Pilates, a blind Delaware County lawyer is hoping for a happy ending after his federal civil suit against a Philadelphia
> woman and a credit-card company was thrown out last week.
> 
> John F. Peoples, 60, was steamed after he learned that the woman who he says he hired for sex allegedly overbilled his Discover card by $8,600.
> 
> So he sued her for damages and the credit-card company for alleged violations of the Americans with Disabilities Act, claiming that it had not sufficiently
> protected its blind customers.
> 
> "This wouldn't have happened to a sighted person," Peoples said yesterday, adding that he plans to appeal.
> 
> In court documents, the woman named in the suit, Ginger Dayle, said that she had provided Pilates lessons to Peoples and denied that she was a prostitute
> or that she had defrauded his credit card.
> 
> She filed a countersuit claiming that Peoples had inappropriately touched her butt and that he initiated the lawsuit after she rebuffed his sexual advances,
> according to court documents.
> 
> That case also was dismissed.
> 
> Peoples, 60, of Broomall, who has been legally blind since birth, claims to have met Dayle through an escort-services Web site.
> 
> He said that he had sessions with her about every other week for six months in 2007 at $275 to $375 an hour.
> 
> He said that he charged the sessions to his Discover card and signed a receipt — which he couldn't see — that Dayle told him had the agreed-upon amount
> — usually $750 for two hours.
> 
> But on 11 occasions, Dayle actually charged him $1,100 and in one case $1,600, "knowing he was blind and could not see he was being tricked," according
> to court records.
> 
> Peoples also claimed that she had forged his signatures on slips for days that did not use her services.
> 
> He said that he realized the alleged fraud only when his mother read him his credit-card bill.
> 
> When Peoples reported the alleged fraud to Discover, it failed to take any action, court documents said.
> 
> In his suit, he cited the Americans with Disabilities Act, claiming that Discover does not provide "reasonable accommodations" for blind consumers to use
> their services without running the risk of being defrauded by merchants.
> 
> In his initial complaint, Peoples did not allege that Dayle was a prostitute, saying only that she "advertises herself as an expert at providing personal,
> hands-on service to individual customers in private sessions at a set rate," according to court documents.
> 
> It was only during his deposition in October 2008, that he first stated that those services were prostitution, court documents said.
> 
> When asked during deposition if he ever, as a lawyer, thought twice about using a prostitute, he said, according to court documents: "It doesn't bother
> me because it doesn't affect my practice of law. Prostitution, I believe, is a misdemeanor. Even if convicted, it would not be a problem for the disciplinary
> board."
> 
> In an interview yesterday, Peoples said that many blind men "get stuck" using prostitutes because it's hard to meet women.
> 
> "If you go to a singles bar with a stick in your hand, you're not going to be attacked by women," he said. "Women aren't too interested in blind men."
> 
> He said that he had the chutzpah
>  to bring the suit because he figured this was the only way to "make her pay."
> 
> "They figure nobody will do anything to them and people will be too embarrassed, and that's why this happens," he said.
> 
> Dayle, who bills herself as a fitness instructor, professional dancer, actor and an adjunct professor, denied being a prostitute in court documents.
> 
> When reached yesterday, she declined to comment except to say that the case was "bad publicity." She referred all questions to her attorney, William Reil,
> who did not return calls for comment.
> 
> Peoples said that Dayle's claims that she had provided him with Pilates lessons were "ridiculous."
> 
> "I have arthritis, diabetes and chronic fatigue syndrome," he said.
> 
> In court documents, he said that he was "barely able to walk, let alone do Pilates" and that sex is "one of the few exercises I get to do."
> 
> In his memorandum, U.S. District Judge Edmund Ludwig dismissed Peoples' claim against Discover and said that he couldn't recover his disputed charges because
> they were for an illegal and "prohibited transaction," which constituted a breach of the card-member agreement.
> 
> Ludwig also said in court documents that the Americans with Disabilities Act (ADA) did not apply in the case because it refers only to a "public accommodation."
> 
> Martin C. Bryce Jr., an attorney for Discover on the case, explained: "The use of a credit card in this instance did not fall under the ADA because the
> ADA applies to places and a credit card is not a place," he said.
> 
> Peoples said that he was upset that the statute had been interpreted not to include credit-card companies.
> 
> "I don't think the people who designed the ADA and put it into words expected credit-card companies not to help us," he said. "This denies the blind access
> to credit cards. If you can be cheated, then you can't use credit cards." 
> 
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