[NFBMO] Is shopping assisstant a courtesy or legal requirement?

Fri Sep 23 23:20:12 UTC 2022

Daniel and all,

I have had many conversations with O&M instructors, as well as students, as you can imagine, on this issue. I understand their reasoning for having the student call ahead. Their lessons are very time sensitive, and they are trying to teach them to be polite by scheduling a time to come into the store. However, unfortunately, I do not think it is very helpful. Even when a person is told they can get help at the time they plan on arriving at the store, the person telling them that doesn’t seem to pass the information along to anyone. When they arrive at the store, no one is aware. My thinking on having the student contact corporate in this situation, is so they will be aware of store policy, and then maybe they can then get the store to work with them. This just adds to  the learning opportunity for the student. The ADA doesn’t exactly say a business is required to assist someone in shopping. But, more that the business does not want to deny a person goods and services, based on disability. As Ben said, try and be flexible. But, also, be diplomatic. Go in if you can, and speak with store management about how you can work together to make things work for the both of you. This isn’t about getting someone in trouble for possibly passing along wrong information, but to come to an understanding as to how you can get the help you need, in a way that is most convenient for both the shopper, and the business.

From: NFBMO <nfbmo-bounces at nfbnet.org> On Behalf Of Ben Blagg via NFBMO
Sent: Thursday, September 22, 2022 9:51 PM
To: NFB of Missouri Mailing List <nfbmo at nfbnet.org>
Cc: Ben Blagg <cbblagg at gmail.com>
Subject: Re: [NFBMO] Is shopping assisstant a courtesy or legal requirement?

I think we need to be flexible.  I’ve never thought of a shopping assistant as an ADA compliance issue.  Having a shopping assistant is nice and in most cases places will accommodate.  But we have to remember with the covid and now the inflation stores are short staffed.  With a little diplomacy and if you are a regular customer of the store, most managers will make some accommodation.  If you go in making demands there will be more harm done than nothing accomplished.  Even if it is an ADA compliance issue, nothing will be done, because there are many more things to be considered.  Besides being short staffed, management has to worry about shoplifting and theft.  If kindness and diplomacy doesn’t work, go somewhere else.  In most cases something can be worked out.  I’m not sure I’m right, but that is the  way I see it.  Have a good evening.

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From: Daniel Garcia via NFBMO<mailto:nfbmo at nfbnet.org>
Sent: Thursday, September 22, 2022 7:21 PM
To: NFB of Missouri Mailing List<mailto:nfbmo at nfbnet.org>
Cc: Daniel Garcia<mailto:dangarcia3 at hotmail.com>
Subject: Re: [NFBMO] Is shopping assisstant a courtesy or legal requirement?

Thank you for your response to this. I also posted this to the chapter president’s mailing list and there is a similar consensus that it is not a courtesy and that we have to be flexible if there are real staff shortages.

The O&M instructor said that the next day she showed up with another student to the same store and he was given help.

I think that the moral of the story is not to call ahead although that would be helpful for the blind patron and the store. Other chapter members have reported similar experiences; when they call ahead they are told there is no help available.

Regards,
Daniel
Daniel Garcia, President, Kansas City Chapter
National Federation of the Blind of Missouri
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From: NFBMO <nfbmo-bounces at nfbnet.org<mailto:nfbmo-bounces at nfbnet.org>> On Behalf Of Coccovizzo,Linda A via NFBMO
Sent: Thursday, September 22, 2022 3:43 PM
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Cc: Coccovizzo,Linda A <Linda.Coccovizzo at mcckc.edu<mailto:Linda.Coccovizzo at mcckc.edu>>
Subject: Re: [NFBMO] Is shopping assisstant a courtesy or legal requirement?

I  would recommend that the student and/or instructor reach out to Price Chopper headquarters, and find out exactly what their  policy is, and take it from there. I have been doing a little bit of reading on the ADA.gov website,. It seems that a business cannot deny goods and services based on someone’s disability, as long as they offer those goods and services to any customer. The only exception is in the case where the safety of the business as well as customers could be hindered.
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From: NFBMO <nfbmo-bounces at nfbnet.org<mailto:nfbmo-bounces at nfbnet.org>> On Behalf Of David Andrews via NFBMO
Sent: Thursday, September 22, 2022 7:30 AM
To: NFB of Missouri Mailing List <nfbmo at nfbnet.org<mailto:nfbmo at nfbnet.org>>; NFB of Missouri Mailing List <nfbmo at nfbnet.org<mailto:nfbmo at nfbnet.org>>
Cc: David Andrews <dandrews920 at comcast.net<mailto:dandrews920 at comcast.net>>
Subject: Re: [NFBMO] Is shopping assisstant a courtesy or legal requirement?

It is required by the ADA. It is not a courtesy. They may regard it as such, and we will need to be flexible because of real shortages, but their staffing problems don't get them off the hook.

Dave

At 08:28 PM 9/21/2022, Julie Dawson via NFBMO wrote:
I always thought it fell under public accommodation with a touch of courtesy.
----- Original Message -----
From: Daniel Garcia via NFBMO<mailto:nfbmo at nfbnet.org>
To: NFB of Missouri Mailing List (nfbmo at nfbnet.org)<mailto:nfbmo at nfbnet.org)>
Cc: Daniel Garcia<mailto:dangarcia3 at hotmail.com>
Sent: Wednesday, September 21, 2022 7:45 PM
Subject: [NFBMO] Is shopping assisstant a courtesy or legal requirement?
Hello, Friends:

One of my chapter members who is an O&M instructor sent me the following message today:

?I am wondering if you could help me with a problem. One of my students called Price Chopper yesterday to schedule shopping assistance. They said they could no longer perform that service due to staffing issues. Is that not a reasonable accommodation anymore? If it is how do I alert the store about compliance? ?

Does anyone have any thoughts on this? Is having a shopper provided by the store considered a courtesy or does it fall under the framework of public accommodation?

If it is viewed merely as a courtesy, I am afraid that other stores will use the same excuse whether or not they have adequate staffing.

Regards,

Daniel

Daniel Garcia, President, Kansas City Chapter
National Federation of the Blind of Missouri
dangarcia3 at hotmail.com<mailto:dangarcia3 at hotmail.com>
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