[nfbwatlk] Shopping with a clerk

Prows, Bennett (HHS/OCR) Bennett.Prows at HHS.GOV
Thu Mar 29 15:04:38 UTC 2012


Doug,

The ADA, Title III concerns places of public accommodations, and is the responsibility of the Department of Justice.  The DOJ web site has lots of information on all kinds of policies and procedures businesses can use to make the business usable by persons who are blind.  But a lot of the material is presented in the form of suggestions for how small businesses can provide an equal playing field for us.  Wait, I'm getting to the answer to your question.  (grin.)

The law talks about providing individuals with reasonable accommodations, i.e. tools and things that will be needed to avail oneself of the services.  A grocery store or other retail outlet are required to have policies and procedures to prevent discrimination against the disabled.  It may be therefore, that a policy is in place as a store that says a blind person should receive requested assistance when available.  A store may ask that a blind person call ahead so the store can plan for the assistance.  I don't think a store would be found in violation of the ADA by telling a customer there is no one available to assist, but if the store flatly refused to provide assistance at any time, even with reservations, I think one could assume a violation of the discrimination provisions of the ADA. 

But as a purely personal matter, I for one get extremely frustrated with those stores and businesses that take such a cavalier attitude toward me as a customer.  I *hate* being told that no one is available to assist me in identifying the items I need.  I could understand if there was a one person shop, and a crowd of folks was buying things.  I wouldn't mind waiting a few minutes if asked.  But I think we need to educate store personnel to the fact that they need to provide equal customer services, and must adopt appropriate policies to deal with the situations they have in encounters with disabled persons.  It hurts to be singled out and made to feel unwanted as a customer.  I don't think managers or customer service personnel would countenance demeaning or negative actions by its employees.  that's why a little training of employees on the store's policies and procedures is warranted, and something we can advocate for with appropriate responsible officials of businesses, large or small.

Now, I'm done.  Probably didn't answer the question, did I!

/s/ 

Bennett Prows

-----Original Message-----
From: nfbwatlk-bounces at nfbnet.org [mailto:nfbwatlk-bounces at nfbnet.org] On Behalf Of doug trimble
Sent: Wednesday, March 28, 2012 5:42 PM
To: wcb-l at wcbinfo.org; NFB of Washington Talk Mailing List
Subject: [nfbwatlk] Shopping with a clerk


Question:  Is it a violation of the ADA if a blind person is told by a grocery store that they will not provide you with a shoppers assistant?  
 
What do you think if the store says you must call ahead and make a reservation to get assistance?
Let me know what you think.
 
Doug 		 	   		  
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