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

Sat Oct 3 16:37:42 UTC 2009

Wow, even blind lawyers are stupid!!
----- Original Message ----- 
From: "ray wayne" <rwayne1 at nyc.rr.com>
To: <blindlaw at nfbnet.org>; <BlindLawStudents at googlegroups.com>
Sent: Saturday, October 03, 2009 11:06 AM
Subject: Re: [blindlaw] [bllaw] Blind lawyer: Pro took me for 8G


> 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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