[blindkid] question re shopping assistance

Wed Dec 9 21:45:30 UTC 2009

To further the accurate information presented by Carol, here is a response I
got from a friend at the Department of Justice.  Sounds like we need to
tighten the laws a little bit, though if short handed I can see where a
store of lesser caliber and national presence might have problems lending
assistance as needed.
" Hi, Albert.  Retail establishments are covered under Title III of the
Americans with Disabilities Act (ADA).  Both as a matter of customer service
and in keeping with what the law requires, if a person with a disability
such as someone who is blind is in need of assistance by learning what the
items are, being told of their price, being made aware of there is a sign
that says that something is on sale, etc., that person may justifiably seek
assistance.  The only possible defense by a business may surround the extent
to which it is an undue burden, i.e., a significant difficulty or expense.
For instance, if the store only has one check-out clerk available and there
are a number of customers, then a reasonable request may entail obtaining
assistance at an alternative time.  If a person wishes to spend hours at a
department store, it would not be reasonable to expect the store to provide
assistance during that full duration.  Essentially, the answer to your
question is not fully cut and dry, because it depends on the individual
circumstances of the situation.

Beyond whatever the law requires or does not require, Albert, the blind boy
of which you speak should be taught independent skills that will enable him
to optimize what he is able to do, both as a matter of empowerment and as a
matter of practicality.  This boy should maximize ways to live life as free
from the need from assistance as possible and, as assistance is sought,
i.e., for the purpose of reading price tags, identifying and describing
colors and styles of clothing, or learning the location of various parts of
the department store, then he may move forward both with confidence and with
a sense of independence, balancing between when he should be able to do
things for himself (i.e., travel independently) and when he may need
assistance with efforts relating to vision.

If this boy needs assistance with shopping, the bottom line is that there
are a number of creative ways to get this done.  In addition to seeking
assistance from the department store, he may enlist others in his life to be
of help. The ultimate question is not just what a retail establishment is
required to do but also the degree to which a person with a disability may
do for himself or herself within the scope of personal responsibility.

These views here are my own and do not constitute any official opinion of
the U.S. Department of Justice.  To read the regulations of ADA Title III
requirements, visit:

                http://www.ada.gov "

I hope this helps in some way.  

Albert J. Rizzi, M.Ed.
CEO/Founder
My Blind Spot, Inc.
90 Broad Street - 18th Fl.
New York, New York  10004
www.myblindspot.org
PH: 917-553-0347
Fax: 212-858-5759
"The person who says it cannot be done, shouldn't interrupt the one who is
doing it."

-----Original Message-----
From: blindkid-bounces at nfbnet.org [mailto:blindkid-bounces at nfbnet.org] On
Behalf Of Carol Castellano
Sent: Wednesday, December 09, 2009 4:14 PM
To: NFBnet Blind Kid Mailing List,(for parents of blind children)
Subject: Re: [blindkid] question re shopping assistance

The ADA is the law that ensures access to public accommodations by 
people with disabilities and Sears is indeed a public 
accommodation.  The law does not require any particular accommodation 
to be provided; in fact, the wording in the law about accommodations 
is very general.  So stores can choose the way they want to provide access.

It gets tricky because for most of the public, "access" means a 
wheelchair can get through, and many in the public, including store 
personnel, do not realize what other sorts of access might be called 
for.  Perhaps calling the store in advance and finding a mutually 
agreeable time for shopping assistance would be a workable solution.

Carol

At 08:58 AM 12/9/2009, you wrote:
>This week my son's O&M lesson was at the mall where he was going to 
>do his Christmas shopping. He has his list and his money and off he 
>went with his O&M teacher. In each store he was to ask for 
>assistance to look for the desired item. This went well in until 
>they got to Sears. He went to customer service and requested someone 
>to assist him to shop and was told that they did not have anyone to 
>do that. When I asked what the O&M teacher said about that he stated 
>he was told that there was nothing they could do about it as there 
>is no law that says the store has to provide him with assistance. 
>Now I am 99% sure that this is not correct. Can someone cite the law 
>to me? Thanks.
>
>Susan
>
>_______________________________________________
>blindkid mailing list
>blindkid at nfbnet.org
>http://www.nfbnet.org/mailman/listinfo/blindkid_nfbnet.org
>To unsubscribe, change your list options or get your account info 
>for blindkid:
>http://www.nfbnet.org/mailman/options/blindkid_nfbnet.org/blindchildren%40v
erizon.net

_______________________________________________
blindkid mailing list
blindkid at nfbnet.org
http://www.nfbnet.org/mailman/listinfo/blindkid_nfbnet.org
To unsubscribe, change your list options or get your account info for
blindkid:
http://www.nfbnet.org/mailman/options/blindkid_nfbnet.org/albert%40myblindsp
ot.org