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

Michael Fry mikefry79 at gmail.com
Sat Oct 3 17:47:05 UTC 2009


He should be able to recover against that lady, I think.

On Sat, Oct 3, 2009 at 9:37 AM, Steve P. Deeley <stevep.deeley at insightbb.com
> wrote:

> 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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>>
>>
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