Special needs

[concernedmom30]

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

I have a 6 year old special needs child. He has been getting haircuts since he was 2. I moved to a new city last summer and began taking him to a hair cuttery that is geared towards children (toy cars as barber chairs, kid sized televisions). I recently took him to get a haircut and the woman who was there told me that my normal $15.95 haircut for my son has increased by $2 because he has special needs. She proceeds to ask me if I was told this by the owner. I told her no (and there are no signs posted saying disabled children are required to pay more and her website lists the normal price). When I got home, I looked this place up online and saw the owner's picture which turned out to be the same lady I was talking with. I was beyond upset and tell her she is being discriminatory. She says she doesn't know what discrimination is but what she's doing isn't it. My son left without that $17.95 haircut that day. I need to know what my son's rights are when it comes to this issue. Can someone really set a price based on a disability?

 

[cbg]

If they charge more for a special needs child simply because he has special needs and for no other reason, that's illegal.

If they charge more for a special needs child because there are added difficulties to the regular process and it takes more time, material, etc. for him, that's not.

ETA - Most of the places I know of around here charge a lot more than $17.95 for a haircut, btw.

 

[concernedmom30]

Re:

If they charge more for a special needs child simply because he has special needs and for no other reason, that's illegal.

If they charge more for a special needs child because there are added difficulties to the regular process and it takes more time, material, etc. for him, that's not.

ETA - Most of the places I know of around here charge a lot more than $17.95 for a haircut, btw.

It was not stated that it takes more effort or supplies to cut his hair. He's actually better than most kids in the chair (no screaming, crying, sliding). He has sensory issues so she cannot cut the back of his head (which should make the process easier). This is the highest price I've ever paid for haircuts. I have 2 boys and their haircuts have been, at the most, $8.

 

[Mass_Shyster]

If they charge more for a special needs child because there are added difficulties to the regular process and it takes more time, material, etc. for him, that's not.

I disagree with this.

If they charge more for any child because there are added difficulties to the regular process and it takes more time, material, etc. for him, that's not.

If they only charge more for special needs children who because there are added difficulties to the regular process and it takes more time, material, etc, I suspect they are violating the Americans with Disabilities act.

 

[cbg]

You stated it better than I did, Steve. Sorry about that. What you said is what was in my mind but it didn't come out that way.

 

[ecmst12]

I'm glad you didn't spend your money there. I would suggest you continue that practice, and tell all your friends about it too. You could also file reports up the chain at the franchise. I don't know that it would be worthwhile to take any steps beyond that. Voting with your wallet tends to send a message.

 

[jamiekaw]

Re:

Thanks for the comments. I am definitely going to file a grievance with the ADA. I don't believe he (my son) was treated fairly in this matter. I was extremely hurt for my child. This woman would not look at me when addressing the issue and proceeded to "look" for paperwork stating they were making this change. I don't look for special treatment for my son, but I do expect fair treatment. Thank you guys for your posts.

 

[Mass_Shyster]

You stated it better than I did, Steve. Sorry about that. What you said is what was in my mind but it didn't come out that way.

That's OK. It looks like I screwed up the ADA part as well.

It does look like the establishment may be in violation of Florida laws.

Florida Statute 413.08
Rights of an individual with a disability; use of a service animal; discrimination in public employment or housing accommodations; penalties.--

(1) As used in this section and s.413.081,the term:

(a) "Housing accommodation" means any real property or portion thereof which is used or occupied, or intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more persons, but does not include any single-family residence, the occupants of which rent, lease, or furnish for compensation not more than one room therein.

(b) "Individual with a disability" means a person who is deaf, hard of hearing, blind, visually impaired, or otherwise physically disabled. As used in this paragraph, the term:

1. "Hard of hearing" means an individual who has suffered a permanent hearing impairment that is severe enough to necessitate the use of amplification devices to discriminate speech sounds in verbal communication.

2. "Physically disabled" means any person who has a physical impairment that substantially limits one or more major life activities.

(c) "Public accommodation" means a common carrier, airplane, motor vehicle, railroad train, motor bus, streetcar, boat, or other public conveyance or mode of transportation; hotel; lodging place; place of public accommodation, amusement, or resort; and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.

(d) "Service animal" means an animal that is trained to perform tasks for an individual with a disability. The tasks may include, but are not limited to, guiding a person who is visually impaired or blind, alerting a person who is deaf or hard of hearing, pulling a wheelchair, assisting with mobility or balance, alerting and protecting a person who is having a seizure, retrieving objects, or performing other special tasks. A service animal is not a pet.

(2) An individual with a disability is entitled to full and equal accommodations, advantages, facilities, and privileges in all public accommodations.

This section does not require any person, firm, business, or corporation, or any agent thereof, to modify or provide any vehicle, premises, facility, or service to a higher degree of accommodation than is required for a person not so disabled.

(4) Any person, firm, or corporation, or the agent of any person, firm, or corporation, who denies or interferes with admittance to, or enjoyment of, a public accommodation or otherwise interferes with the rights of an individual with a disability or the trainer of a service animal while engaged in the training of such an animal pursuant to subsection (8), commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

 

[tranquility]

Wouldn't we need to know what "special needs" means in this context? Autism, for example, would not qualify under the definition of "disability" in the act. And, since the problem was partially described as:

He has sensory issues so she cannot cut the back of his head (which should make the process easier).

I'm thinking the child may not be an individual with a disability under the FL act.

What is the disability?

 

[Proserpina]

Wouldn't we need to know what "special needs" means in this context? Autism, for example, would not qualify under the definition of "disability" in the act. And, since the problem was partially described as:

I'm thinking the child may not be an individual with a disability under the FL act.

What is the disability?

What constitutes - exactly - the "back of the head"?

I can see that making things a heckuva lot more difficult, not easier.

 

[jamiekaw]

Re:

What constitutes - exactly - the "back of the head"?

I can see that making things a heckuva lot more difficult, not easier.

What I mean by easier is that I don't request "special" haircuts, ie designs. He gets an even haircut around his head, no edging required around the back of the neck.

 

[jamiekaw]

Re:

Wouldn't we need to know what "special needs" means in this context? Autism, for example, would not qualify under the definition of "disability" in the act. And, since the problem was partially described as:

I'm thinking the child may not be an individual with a disability under the FL act.

What is the disability?

He is physically disabled and visually impaired, legally blind. He is also intellectually impaired, which means although he is 6 he is intellectually at the level of a 4 1/2 year old. Sorry I didn't clarify before.