Complained about possible ADA violation and now am threated with legal action

[dan_c]

What is the name of your state (only U.S. law)? Connecticut


Ok, the subject kind of over generalizes it, I have not been formally threatened with anything, but the business I complained about did make mention of legal action, so I am wondering if they would have anything if they decided to pursue it.

Here is the situation:

Two weeks ago I wanted to go skydiving with some friends. We drove up to a place in northeastern Connecticut where we had all made reservations to jump. After filing out 10 pages of waivers and waiting around for another hour, the owner came up to me and asked if I had any kind of condition because he noticed I was walking strangely. I told him that I have balance problems caused by a brain tumor I had in 1990. The guy then told me I would need written approval from a doctor in order to go. I understand his request, but I am angry with them because it did not mention anywhere on the website that this might be required; the "terms and conditions" on the site said "all students will be physically evaluated..." but I was never "physically evaluated." The owner's main argument was that I did not list my condition on the waiver, but he said even if I did that I would still need a doctor's note. The reason I had not listed it was because the sheet asked for any medical conditions, and honestly I did not even think of it as there is nothing medically wrong with me - at least in my mind.

When I got home I wrote him a letter suggesting they add the words "If you have any medical conditions or disabilities, please contact us" to the website, and I also sent a complaint to the CT Dept of Consumer Protection. A week later I sent another email to the skydiving place again asking that they update the website and also saying I had sent in a complaint and I wanted financial compensation. The owner of the skydiving place sent me back a very nasty and rude email saying he absolutely would not change the website and to "Please get a life and stop harassing me with your emails or I’ll contact my legal team to go after you, for false testimony and business slandering" - Those are his exact words. Before I do anything further, I am looking for advise as to whether he would have anything if he did decide to come after me. Aside from that, am I right to complain here? This seemed to me like it might border on being be an ADA violation.

I will include the letters I've written if requested. Here is a list of what I've sent:
- Email sent to the skydiving place describing my bad experience and suggesting they change there website
- Complaint email sent to the state
- Followup email a week later to again request they change their website and inform them that I'd filed a complaint
- Reply to the very rude (and only) response I received, in which I said I never lied about anything and I didn't understand why they refused to update their website

 

[cbg]

I fail to see any ADA violations; nor do I see where you are entitled to any compensation. You don't get to dictate to them what they include on their website.

 

[ecmst12]

I don't see where they would be able to take any legal action against you either, but you should leave the guy alone anyway.

 

[OHRoadwarrior]

The ADA does not specifically require a business to incur all potential liability by allowing you to skydive. It appears this is the burden you must overcome below. By all means, if you feel it was not handled correctly, file a complaint. I would say it appears the owner felt there was a potential danger on two fronts. The first being fellow jumpers. The second being ability to manage the strains of the dive and safely landing. By pursuing this, you potentially will set the standard for future jumpers.

III-3.8000 Direct threat. A public accommodation may exclude an individual with a disability from participation in an activity, if that individual's participation would result in a direct threat to the health or safety of others. The public accommodation must determine that there is a significant risk to others that cannot be eliminated or reduced to an acceptable level by reasonable modifications to the public accommodation's policies, practices, or procedures or by the provision of appropriate auxiliary aids or services. The determination that a person poses a direct threat to the health or safety of others may not be based on generalizations or stereotypes about the effects of a particular disability; it must be based on an individual assessment that considers the particular activity and the actual abilities and disabilities of the individual.

The individual assessment must be based on reasonable judgment that relies on current medical evidence, or on the best available objective evidence, to determine --

1) The nature, duration, and severity of the risk;

2) The probability that the potential injury will actually occur; and

3) Whether reasonable modifications of policies, practices, or procedures will mitigate or eliminate the risk.

 

[Antigone*]

So comply with the business owner's request and leave him and his business alone. He didn't like your suggestion, end of story. He did the right thing by not allowing you to jump.

 

[justalayman]

If you continue to harass them, it could reach the point of a criminal act.

So far, since the only two entities you have written to are the business itself and the state for the complaint, there is no slander. I would suggest you stop now before you do slander them in some forum somewhere. If you do, then they would have a valid cause of action to sue you.

bottom line:

You don't like how they do business


Get over it and move on. You have no valid complaint and they have a right to present themselves as they choose.

 

[dan_c]

Thank you for all the replies. My main complaint is that the only mention of physical requirements on the site says "all students will be physically evaluated" which was not the case with me. I read all the stuff on the website beforehand looking to make sure I was able to do anything listed. All I found was the text below, and since I am fully capable of doing everything listed I assumed I was fine and that if they disagreed they would "physically evaluate" me. But I know my argument is not that strong and since the consensus here seems to be that it's not a valid one, I will drop it and perhaps withdraw my complaint from the state; I don't want to get sued!

Text from the "Terms And Conditions":
All students will also be physically evaluated prior to their jumps, to ensure they can fit in the harness properly, perform all physical movements necessary to exit the plane safely, assume a stable freefall position on their own and lift their legs at waist high to prevent any injures on ankles or legs during the landing process.

 

[OHRoadwarrior]

Personally, I don't think you should withdraw the complaint with the state. I would refrain from contacting the business directly though.

 

[xylene]

My main complaint is that the only mention of physical requirements on the site says "all students will be physically evaluated" which was not the case with me.

How do you mean? The instructor did evaluate you. That was the part where they noticed your difficulty with balance.

I read all the stuff on the website beforehand looking to make sure I was able to do anything listed. All I found was the text below, and since I am fully capable of doing everything listed I assumed I was fine and that if they disagreed they would "physically evaluate" me. But I know my argument is not that strong and since the consensus here seems to be that it's not a valid one, I will drop it and perhaps withdraw my complaint from the state; I don't want to get sued!

You should keep your complaint to the state.

However, it is up to the instructor, not you, to determine if you can do everything listed. You have balance problems severe enough to be apparent in your stance and gait.

Text from the "Terms And Conditions":
All students will also be physically evaluated prior to their jumps, to ensure they can fit in the harness properly, perform all physical movements necessary to exit the plane safely, assume a stable freefall position on their own and lift their legs at waist high to prevent any injures on ankles or legs during the landing process.

The instructor determined from your gait and stance alone that you had balance issues.

You informed them truthfully this was because of a brain tumor surgery.

The instructor rightly determined that you might not be able to:

perform all physical movements necessary to exit the plane safely,

and

assume a stable freefall position on their own


---
Look, skydiving is common, but it is not a risk free activity, it is an ultra-hazardous activity.

The instructor's decision might have forced you to confront a painful limitation about yourself and your surgical brain trauma, but they might have saved your life.

I'm sorry that this situation is hurtful and lousy and handled indelicately.

 

[dan_c]

Thanks everyone, I will leave my complaint with the state, but I will not "harass" the guy anymore.

However, when I told one of my friends that I wasn't going to pursue this further, he asked for the guy's email, presumably so he can discuss this with him. I will advise my friend not to, but my question now is, can I get in trouble for what my friend does if he does decide to do anything? He obviously knows the whole situation, but I have not made any suggestions that he do anything.

 

[Zigner]

Thanks everyone, I will leave my complaint with the state, but I will not "harass" the guy anymore.

However, when I told one of my friends that I wasn't going to pursue this further, he asked for the guy's email, presumably so he can discuss this with him. I will advise my friend not to, but my question now is, can I get in trouble for what my friend does if he does decide to do anything? He obviously knows the whole situation, but I have not made any suggestions that he do anything.

Oh, you mean because of the (potentially) defamatory accusations you made against the company?

 

[OHRoadwarrior]

Thanks everyone, I will leave my complaint with the state, but I will not "harass" the guy anymore.

However, when I told one of my friends that I wasn't going to pursue this further, he asked for the guy's email, presumably so he can discuss this with him. I will advise my friend not to, but my question now is, can I get in trouble for what my friend does if he does decide to do anything? He obviously knows the whole situation, but I have not made any suggestions that he do anything.

Tell him to drop it. As stated "... this situation is hurtful and lousy and handled indelicately.", that is why I suggested you push forward with the state. I think they owe more of an advisory duty to potential customers, rather than bashing the enjoyment of and causing embarrassment to the disabled.

 

[dan_c]

I agree, that's why my main argument has been the suggestion that they add something along the lines of "If you have any medical conditions or disabilities, please contact us" to the website. As I said, I did mention that I wanted financial compensation in my second email (the only statement I've made that could be considered harassing) and I kind of wish I had not done that now, but mainly I want them to be clear that a "physical evaluation" apparently does not mean testing to see if you can actually do something.

 

[Zigner]

I agree, that's why my main argument has been the suggestion that they add something along the lines of "If you have any medical conditions or disabilities, please contact us" to the website. As I said, I did mention that I wanted financial compensation in my second email (the only statement I've made that could be considered harassing) and I kind of wish I had not done that now, but mainly I want them to be clear that a "physical evaluation" apparently does not mean testing to see if you can actually do something.

They noticed that you were limping (physical evaluation) and you were asked why you were limping (further physical evaluation). In response, you disclosed a medical condition that they felt might hinder your participation and asked you to obtain a medical release. It's really not that complicated. It's quite possible that your condition could be one that would preclude you from participating per federal law.

 

[justalayman]

but mainly I want them to be clear that a "physical evaluation" apparently does not mean testing to see if you can actually do something.

who, besides you, said it did? Every time I go to my doctor's office he looks at me and says: lose some weight. He had given me a physical evaluation and determined, due to his training, that I am overweight. That is essentially what happened with you. The guy looked at you and saw there was an issue that could be a problem; that was your physical evaluation. Nobody said anything about a physical test or examination. You are the one with the misunderstanding here. You are the one that is wrong here.