[nagdu] PetSmart Accused of Discrimination Against the Blind Civil Suit

Elise Berkley bravaegf at hotmail.com
Thu Apr 23 00:42:54 UTC 2015


I really agree with you, Marsha.  There is strength in numbers.  Thank you 
for posting this and letting me know what is going on.  I do take Becky 
there for a bath (one time.)  I am going to think twice about this.

Elise and Becky

-----Original Message----- 
From: Marsha Drenth via nagdu
Sent: Wednesday, April 22, 2015 4:32 PM
To: Michael Hingson ; NAGDU Mailing List,the National Association of Guide 
Dog Users
Cc: <cagdu at nfbcal.org> ; NFB of California List
Subject: Re: [nagdu] PetSmart Accused of Discrimination Against the Blind 
inNew Civil Suit

Thanks, Micheal, I saw this posted. I am not so much upset at the law suit 
itself, but didn't know that the law suit was being filed. 6 plaintiffs, are 
any of those people guide dog users? I am sure that there are plenty of us 
on here, who go to Petsmart, who have ran into the same issue, so why 
weren't we asked to join the class action suit? Isn't it that more people 
are effected, in which unite have a greater chance of making a change?
Just my two cents...

Marsha drenth
email: marsha.drenth at gmail.com
Sent with my IPhone
Please note that this email communication has been sent using my iPhone. As 
such, I may have used dictation and had made attempts to mitigate errors. 
Please do not be hesitant to ask for clarification as necessary.

> On Apr 22, 2015, at 6:46 PM, Michael Hingson via nagdu <nagdu at nfbnet.org> 
> wrote:
>
>
>
>
>
>
>
> Best,
>
>
>
>
>
> Michael Hingson
>
>
>
>
>
> From: Nfbnet-members-list [mailto:nfbnet-members-list-bounces at nfbnet.org] 
> On
> Behalf Of Wichmann, Jessica via Nfbnet-members-list
> Sent: Wednesday, April 22, 2015 2:42 PM
> To: nfbnet-members-list at nfbnet.org
> Subject: [Nfbnet-members-list] PetSmart Accused of Discrimination Against
> the Blind in New Civil Suit
>
>
>
>
> FOR IMMEDIATE RELEASE
>
> CONTACT:
> Chris Danielsen
> Director of Public Relations
> National Federation of the Blind
> (410) 659-9314, extension 2330
> (410) 262-1281 (Cell)
> cdanielsen at nfb.org <mailto:cdanielsen at nfb.org>
>
> Kevin Williams
> Legal Program Director
> Colorado Cross-Disability Coalition
> (720) 336-3584
> kwilliams at ccdconline.org <mailto:kwilliams at ccdconline.org>
>
>
>
> PetSmart Accused of Discrimination Against the Blind in New Civil Suit
>
>
>
> Plaintiffs Allege 'Separate but Unequal'
> Treatment of Blind Customers
>
>
> Denver, Colorado (April 22, 2015): PetSmart, Inc., which bills itself as 
> the
> nation's largest seller of pet food, pet supplies, and pet services in the
> United States, is accused of violating the rights of blind customers under
> the Americans with Disabilities Act ("ADA"), according to a class action
> lawsuit (Case No. 1:15-cv-00839) filed yesterday in the United States
> District Court for the District of Colorado on behalf of the National
> Federation of the Blind (NFB) <http://www.nfb.org/> , the Colorado
> Cross-Disability Coalition (CCDC), and six blind individuals who reside in
> Colorado, Texas, and Massachusetts. The suit alleges violations of Title 
> III
> of the ADA as well as state laws, because PetSmart requires the entry of
> debit card PINs on touch-screen keypads, which the blind cannot operate,
> rather than simple, inexpensive tactile keypads.
>
> Despite a Department of Justice ("DOJ") statement filed in a Florida court
> more than a year ago that set forth the DOJ's position that merchants are
> required under the ADA to provide blind customers a physical keypad to 
> input
> their debit card PINs, PetSmart has failed to do so. As a result, blind
> customers are forced to sacrifice the security of their debit card PIN by
> sharing it with PetSmart employees or using another less desirable form of
> payment.
>
> "PetSmart is discriminating against the blind by not providing us the same
> treatment as their sighted customers," says Yolanda Thompson, one of the
> lead plaintiffs in the suit. "PetSmart seems to have a 'separate but
> unequal' attitude when it comes to the disabled."
>
> Mark A. Riccobono, President of the National Federation of the Blind, 
> said:
> "Blind people are just as concerned about the security of our financial
> accounts and information as our sighted peers, so having to verbally 
> provide
> our debit card PIN to PetSmart's sales personnel is not acceptable. Nor is
> it an answer to say that we can pay with cash or a credit card instead;
> blind people must have all of the same options for payment as the sighted 
> as
> a matter of equal treatment, and the benefits of using debit cards, such 
> as
> the ability to receive cash back, apply equally to the blind. We will not
> accept PetSmart's cavalier attitude toward the basic security and equal
> treatment that we are entitled to expect from those with whom we do
> business."
>
> "It's difficult to give quality care to my guide dog from a place that
> doesn't offer me equality," said Dishon Spears, a Colorado resident and 
> NFB
> member. "Blind customers cannot shop at PetSmart in the same way that
> sighted customers can. This is discrimination, whether or not PetSmart
> intends it that way."
>
> Plaintiffs are represented in this matter by Jana Eisinger and Douglas
> Lambalot of the Martinez Law Group, P.C., a law firm that specializes in
> complex litigation and class actions, with offices in Denver and New York
> City; Scott LaBarre of LaBarre Law Offices, P.C. in Denver; and Kevin
> Williams, head of the Colorado Cross-Disability Coalition Legal Program in
> Denver.
> ###
> About the National Federation of the Blind
> The National Federation of the Blind knows that blindness is not the
> characteristic that defines you or your future. Every day we raise the
> expectations of blind people, because low expectations create obstacles
> between blind people and our dreams. You can live the life you want;
> blindness is not what holds you back.
>
> About the Colorado Cross-Disability Coalition
>
> The Colorado Cross-Disability Coalition (CCDC) is a non-profit, disability
> rights advocacy organization whose mission is to advocate for social 
> justice
> for people with all types of disabilities.
>
>
>
> <Untitled attachment 00106.txt>
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