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Disability rights at a theatre

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cmurf1960

Junior Member
What is the name of your state (only U.S. law)? New Hampshire

I have balance problems and have had to use a walker for a while now. I used to get by with a cane, but that doesn't always cut it.

Back in October, we went to show in a theatre up in Concord, to see Garrison Keillor. We had gone to this same theatre in September to see John Cleese, I had my walker, and there were no issues. But this time, the usher insisted that she take my walker and stash it someplace, because it was deemed to be a fire hazard. The walker I have folds up small and I can easily keep it with me, between my legs.

https://www.amazon.com/gp/product/B0026IBSUU/ref=oh_aui_search_detailpage?ie=UTF8&th=1

I refused to let her take it, because what if I had to get up to go to the bathroom or something? Am I supposed to sit there and pee my pants before someone brings me my mobility device? I already have bladder issues, if I have to sit too long before I can go pee, it will be a serious problem. Also, if there were n actual fire, what would happen to me? I would probably fall down while trying to get out without the walker, get tampled by panicked patrons, and be left to roast to death. I refused to give it up, saying that we would just leave instead. Only then was I allowed to bring it in and keep it with me. But I was still publicly humiliated and was unable to enjoy the show as much as I should have been able to. When we got home, I sent an email to the management of the theatre to address this issue, and included the Amazon link above. I got a very nice response, with an apology, a promise that he would talk to the volunteer usher staff, an assurance that I could come back without this happening again, even an offer of free tickets to a future show. We already had tickets to the Alton Brown show there for November, and it would have broken my heart to be unable to go because of the walker thing. But we did go to that show, and, as the manager promised, no problems.

Fast forward to last week. We went to see A Christmas Carol at a theatre here in Manchester. I actually had tried to contact them via email about the walker thing, never heard back, so I took a chance and bought tickets for that, and for Recycled Percussion on New Year's Day. When we showed up for Christmas Carol, I had not one, but two volunteer ushers try to pry the walker out of my hands. I snapped it closed to show them how small it folds up, and that I could easily keep it with me. The woman usher thought that this meant I was going to let them take it and once again tried to grab it from me, but I said that I only closed it there to show them how small it closes up. They STILL said that they "had" to take it, as if this were a law or something. So I turned to my husband and said, "well, I guess we can't stay here, then", and started to leave. Once again, they relented and let me keep it with me. But not without being publicly humiliated once again.

I will add that we always buy these tickets online, where they let you pick your seats. I always choose seats on the aisle, because that way, I can get up and let people pass, but not have to take the walker into a middle of a row past other people. It has never been a problem, nobody near us has ever complained. And the thing folds up almost as small as a cane, but I didn't seen them taking canes or crutches away from people.

So now we have the Recycled Percussion show coming up on New Year's Day. I love this band and was greatly looking forward to it, but now I am dreading it. I do not wish another round of public humiliation. I was thinking of just selling the tickets on Craigslist (the show is pretty much sold out), but then the terrorists win. Or we could go, I could let them take the walker and wear a full-fledged Depends diaper and hope to God that there is no fire and that I get the walker back on the way out, but once again, the terrorists win. Or we could just show up and I could threaten to leave again, and hope they let me keep the walker with me, but that involves more public embarrassment.

So I am wondering if this practice of taking away people's mobility devices that are not large enough to be fire hazards is legal and would I have a case if I sued. I feel that by purchasing this type of walker, I am meeting them halfway and trying to be nice and not so much in the way. The theatre in Concord agreed, but the one in Manchester, not so much. I am not looking for money in a suit, I just want them to treat all patrons with respect and dignity.

Any advice is much appreciated!
 


cmurf1960

Junior Member
I don't want money, I just want the right to enjoy this theatre without being publicly embarrassed every time. I want to know if what they are doing to me is at all legal. That is all.
 

cbg

I'm a Northern Girl
Lawsuits are about money. No financial damages, no case.

They aren't stopping you from using the facilities.
 

Taxing Matters

Overtaxed Member
Lawsuits are about money. No financial damages, no case.
I disagree. Not all lawsuits are about money and in particular ADA public accommodation cases are NEVER about money because the statute only authorizes injunctive relief for that, not money damages. Injunctive relief means obtaining a court order that prevents the business from continuing the illegal act of discrimination. The OP certainly could sue the theatres involved here to prevent them from taking the folding walkers assuming that indeed it does not violate fire codes (and it would be most odd if it did). There should be no reason to bar those as they will not block aisles. If the OP wants to pursue that, she ought to see an attorney who litigates ADA public accommodation claims. Sometimes suing for something like this will send the needed message not just to the business that is sued, but to others in town, especially if you can ensure local media picks up on it. Businesses being heavy handed with a disabled person is just the sort of thing TV and newspaper consumer action reporter would probably love to take up.

Edited to add: while the statute does not allow money damages, it does allow the court to award you legal fees if you win the case, too, to ensure that cost would not deter disabled persons from suing to ensure they can get access to the goods and services that businesses offer.
 
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quincy

Senior Member
I don't want money, I just want the right to enjoy this theatre without being publicly embarrassed every time. I want to know if what they are doing to me is at all legal. That is all.
Most public venues have seating reserved specifically for those with disabilities. Have you tried to get seats for the performances in these areas?
 

Zigner

Senior Member, Non-Attorney
Why don't you approach someone in management before entering the theatre seating area so that they can communicate with the volunteers?
 

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