[blindlaw] Is there any respite from discrimination??

Thu Mar 15 21:42:54 UTC 2018

Nicole,
Thanks so much for the support! The ADA does provide some guidance for the prevention of fraud and there is one theater I have encountered that does make use of additional steps including a written request and attestation as the ADA suggests. The request is made via email and is not overly burdensome but it very effective. It is simply a matter of making the other theaters aware of the widespread fraud and the steps they can legally take. I think I can make it happen but it will be a big effort. The following is the fraud prevention paragraph from the ADA section on Ticket Sales:

Prevention of Fraud in Purchase of Tickets for Accessible Seating

Venues cannot require proof of disability as a condition for purchasing tickets for accessible seats. However, venues and third-party vendors may take steps to prevent the fraudulent sale and use of accessible seating. For single event tickets, venues may ask purchasers to state that they require, or are purchasing tickets for someone who requires, the features of an accessible seat. For series of events tickets, purchasers may be asked to attest in writing that they require, or are purchasing tickets for someone who requires, the features of an accessible seat. These steps may be used in all sales, including those over the Internet. Venues may also mark tickets to clearly identify that they are for accessible seats. Some venues include on tickets for accessible seats a message stating that, if the user of the ticket does not need the specific features of the accessible seat, the venue may require the ticket holder to move to a different, non-accessible seating location.

Venues may investigate the potential misuse of accessible seats where there is good cause to believe that such seating has been purchased fraudulently. Purchasers may also be warned that if accessible seating has been purchased fraudulently, they are subject to investigation and/or relocation. Providing additional information about the features of other types of seats (e.g., seats that can be accessed without steps, designated aisle seats, or seats located close to exits) may assist patrons to determine which type of seat meets their specific needs. Venues must not, however, use this process to steer patrons with disabilities to particular seat types or locations.

ANN MARIE PREVOST
Staff Attorney

SIDLEY AUSTIN LLP
+1 212 839 5408
aprevost at sidley.com

-----Original Message-----
From: BlindLaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Nicole Askins via BlindLaw
Sent: Thursday, March 15, 2018 5:05 PM
To: Blind Law Mailing List <blindlaw at nfbnet.org>
Cc: Nicole Askins <njaskins at gmail.com>
Subject: Re: [blindlaw] Is there any respite from discrimination??

Wow, that sounds exhausting. And it's true that that is complicated.
Because if the theater begins to ask each person if they are truly
sight-impaired, that could lead to another president and reason for
discrimination. For example, I never disclose that I have low vision. It is
my dirty little secret so to speak. Why? Because I'd rather wait until I
get the job or get people to know who I am verse before they begin to
calculate all the stereotypes they can conjure about blindness.

I know it's controversial. I know it may even be bait-and-switch. I just
can't afford to care. Thanks for sharing. Glad to know I'm not in it alone.

On Mar 15, 2018 4:41 PM, "Daniel McBride via BlindLaw" <blindlaw at nfbnet.org>
wrote:

> Nick:
>
> You wrote, " It just seems to me that we live in a society that should know
> about reasonable accommodations." The only people that would have a clue
> about reasonable accommodations are those that hire blind persons. And,
> other than those lucky enough to get on with a government agency, who the
> hell hires the blind? Even government agencies will not do it if they can
> get around it.
>
> Daniel McBride
> Fort Worth
>
> -----Original Message-----
> From: BlindLaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Prevost,
> Ann Marie via BlindLaw
> Sent: Thursday, March 15, 2018 3:26 PM
> To: Blind Law Mailing List
> Cc: Prevost, Ann Marie
> Subject: Re: [blindlaw] Is there any respite from discrimination??
>
> I am afraid it is a constant but we are all with you!
> I have a 13 year old visually impaired daughter. Half the time people are
> great the other half it is a fight - and it is absolutely exhausting.
> We live in NYC and theater is a big issue. Several years ago theaters
> finally began designating visually impaired seating. Immediately
> unscrupulous people started sweeping up the tickets and there are few if
> any
> available to people who are actually visually impaired. The theaters
> believe
> they are doing a great thing and believe that they cannot ask the purchaser
> (which is correct) or do anything at all to monitor this (which is
> incorrect). In fact there are several things the ADA allows them to do. As
> of yesterday I realized that no one is going to "educate" the theaters. Yet
> someone needs to do something about this and I suppose that someone is
> going
> to be me. I do have some thoughts on what to do but if anyone has any
> experience in this and would like to share, I would certainly appreciate
> it.
> Just one more battle :).
>
>
> ANN MARIE PREVOST
> Staff Attorney
>
> SIDLEY AUSTIN LLP
> +1 212 839 5408
> aprevost at sidley.com
>
> -----Original Message-----
> From: BlindLaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Nicole
> Askins via BlindLaw
> Sent: Wednesday, March 14, 2018 1:17 PM
> To: Blind Law Mailing List <blindlaw at nfbnet.org>
> Cc: Nicole Askins <njaskins at gmail.com>
> Subject: [blindlaw] Is there any respite from discrimination??
>
> Caution, this note is more of a cathartic vent then it is informative.
> Yet, it's also gratitude to those of you who work diligently to support
> individuals who are blind and want to live independently with in the world
> while maintaining gainful employment.
> I worked super hard after discovering I was diagnosed with retinitis
> Pigmentosa, to ensure that I graduated on time. I was a chemistry major but
> switched my major to something that wouldn't cause me to continue fighting
> for accommodations in the way that seemed unreasonable to the school. So, I
> majored in experimental psychology. Graduated, Even after spending most of
> my time accommodating my professors and school instead of the other way
> around. I decide to go to law school. Then I find myself accommodating the
> law school admissions test. I win the settlement associated with the
> consent
> decree with the law school admissions Council. Great, I get into law
> school.
> I just happened to agree to attend the wrong one. Charlotte School of Law
> closes. Fine, I'm stuck in Charlotte North Carolina. Not a bad place to be
> stuck. I consistently fight against stereotypes and biases and limitations
> that are perceived about my low vision. When is it enough.
> Today, after finally obtaining employment. I am told that due to the
> sensitive nature of the material being handled, a screen reader, magnifier
> or any other assistive technology will not be permitted. Now, I know the
> law. Surely those recruiters do not. But that's not why I'm exhausted. It
> just seems to me that we live in a society that should know about
> reasonable
> accommodations. Is that too much to ask? Is it unreasonable that people
> don't understand that different types of people do things in different ways
> but accomplish the same task? Why is it that I feel that I am not only
> advocating for myself but educating the entire employer population about
> reasonable accommodations deleted? Is there some sort of pamphlet or
> booklet
> on a DEA law that I could hand out so they can scan over it prior to going
> into business? Being facetious of course but realistically, shouldn't
> employers understand the do's and don'ts of hiring practices?
> Thank you to those of you within this list who serve to Advocate on behalf
> of those of us who are blind or who have low vision. There is still so much
> work to be done. I am attempting to do some of the simplest of tasks just
> to
> make ends meet although I have 3 University degrees. Why? Because I am
> living under dispersions cast upon me that are more often, too burdensome
> to
> lift alone. I'm sure many people have done it before. But, it's just
> exhausting. My question, is there any rusted from discrimination? Is there
> anywhere where I will be judged and compensated based on the quality of my
> work and not the content of others perceptions? Thanks for listening to my
> tangent.
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