Blogs

TimothyVen

**** X-Posted from my other blogs ****

 

+++Reposted due to  loss of data from server move thanks to Joey saving  this for me. Thanks bro+++

 

 

Got a letter yesterday  from my lawyer  at  Protection and Advocacy in Greenville that he got from the Department of Justice. Actually from (and this is a mouthful) the Disability Rights Section  of the Civil Rights Section of the Department of Justice. I wouldn't recommend trying to say that fast three times. You might injure your tongue.

Anyway, the upshot of it all is that they have received my complaint against a local grocery store here in Anderson for their  discriminatory practices. In other words, they put me on Trespass Notice because I had me service dog with me in the grocery store.

They are  offering me a way to informally resolve the issue through what they call Mediation. To quote the letter,

"Because the  process of investigating and litigating ADA complaints can be time consuming, we propose to offer you a means of resolving your complaint through informal means.  The Department of Justice sponsors a mediation program designed to allow third parties to resolove their ADA disputes quickly and satisfactorily. We have  determined that your complaint  is an appropriate candidate for referral to this service.

Through this informal mediation process, an impartial third party assists parties to develop mutually satisfying solutions to their differences." ...

What this  all  comes down to is the chance to settle this matter before  going to court. This does not preclude me from   taking them to court unless we reach an agreement. If the process or negotiations break down, then matter  proceeds forward to  the Judge and Jury stage.

I did try to settle this matter with   Corporate HQ when all this came about last year, explaining how the manager was in violation of the ADA, but they  decided to take the same stance as he. So this left me with no choice but to stand up for my rights as a disabled individual as defined  in the Americans with Disabilities Act.

Unfortunately, I find the attitude  against those with service dogs to be prevalent here in Anderson. I don't know of it is  due to a lack of education on the matter (though I generally carry with me information from both the ADA and the DoJ for  anyone to read), or a lack of caring  ... I don't know.

Regardless, because of my  lack of  being able to drive a car, I  get around on a scooter or by walking (when I've had scooters stolen. Another story for later). And because I have no family or anyone that I can call on to  take me   to places I need to go; grocery shopping, doctors appointments etc, my only means of getting there is the scooter or  via foot. During part of this time was after my second scooter had been stolen, therefore I was walking.

This being the closest grocery store (just over a mile each way), and the safest (the next closest  store is  across 81 on 28 Bypass where there is no cross walk  or side walk), you can see where this  put me at a very  large disadvantage. Fortunately this other store has had no issue with Chuckles and I. They have yet to say anything since this whole thing got started.

So now I sign the papers and see what happens next. Hopefully this  will be resolved soon. I do hate that it had to come to this. I prefer to avoid such conflicts  if possible, and I have found that most places are willing to at least listen and educate themselves on the subject. But unless I stand up, then the next person in my shoes will be even more disadvantaged than I.

###Original;ly posted 18-March-09###