Bowling/Bigotry/ADA complaint

November 11, 2006

Complaint- Page 1

Thursday was a school holiday here. What I expected to be a nice social event

for high school kids

turned into quite a nightmare for us all. The events are described below.

Following direction from their

website I drafted this and mailed it off to the Dept. of Justice. I dropped a

copy off at the bowling alley

and got a face full of real bigotry and anger from the same employee. The odd

thing is that I wrote an article

about this facility two years ago when they were trumpeting their disability

friendly message and looking

for our business.

This is the first time I have filed an ADA complaint and really don't know if it

is adequate or not. Next week

I plan to file a similar one with the appropriate state agency. It may be that

the ugliness of this doesn't come

across in the language of the complaint but .... it was ugly.

To: United States Department of Justice

Civil Rights Division

Complaint for Discrimination Under Title III of the

Americans with Disabilities Act and Section 504

of the Vocational Rehabilitation Act and

Request for Investigation and Appropriate Sanctions.

Person filing Complaint

T.

(contact information above)

Person(s) Discriminated Against

Eleanor as representative of approximately 12 high school students and

young adults participating

in a bowling party on November 9, 2006. All of the persons discriminated against

are individuals with

developmental disabilities

and are recognized as such by the Developmental Disabilities Services Division

of the Department of Human Services,

State of Oregon. All of the class of people were attending a bowling event

co-sponsored by the Gaffney Foundation,

a 501©(3) non-profit corporation under the laws of the State of Oregon, and

the " Friends First Club " of Grant High School,

Portland (Oregon) Public Schools.

Eleanor is an 18 year-old adult dependent-child of T. and

may be contacted at the same address.

Eleanor was born with Down syndrome, a developmental disability, and is a

special education student at Grant

High School and a member of the " Friends First Club. "

Persons discriminated against are both 18 and above and younger.

Organization that Discriminated

The common name of the organization that discriminated is " Hollywood Bowl. "

Its' precise ownership and/or business name, if different than its' advertised

name, is unknown to the claimants.

Complaint - Page 2

Hollywood Bowl.

4030 NE Halsey

Portland, OR. 97213

503 288-9237

Hollywood Bowl is a privately owned entity covered by Title III of the Americans

with Disabilities Act (ADA).

It is licensed by the Oregon Liquor Control Agency to serve alcoholic beverages.

It is licensed by the appropriate

state agency to provide Oregon Lottery games. It is licensed by the City of

Portland to serve food and beverage.

It is an establishment covered by the ADA, Title III, inclusion of " places of

public exercise or recreation " as well as a place of

" exhibition and entertainment " and a " place of public gathering. "

" Hollywood Bowl " is within the jurisdiction of Section 504 of the Rehab Act.

That act guarantees persons with

disabilities the right to participation in the same " major life activity " as

persons without disabilities. Section 504

requires accommodations such as " help, " " assistance, " " support, " and

" adjustment. "

A Description of the Act or Acts of Discrimination

The " Hollywood Bowl " employee on duty from 10 a.m. until noon, Thursday,

November 9 was hostile, belligerent and abusive.

She refused to give her name and turned over her identification badge. She is a

dark haired female,

25-30 years old and 250-300 pounds.

As representative agent of " Hollywood Bowl " she engaged in the following acts of

discrimination.

In all of the description below the participants requested disability related

accommodation in order to

enjoy the major life activity of exercise. These requests were very specific,

respectful and clearly based on disability.

1.. Use of Bowling Balls.

As a part of their disabling condition many of the participants have muscle

tone, digital development or other

genetic traits that makes it impossible for them to

lift, swing and use normally weighted bowling balls.

" Hollywood Bowl " maintains underweight balls on a separate shelf, which students

have used on previous occasions.

On November 9 the shelves were locked. When the employee was asked to unlock

them she refused. When told that the

students were, as part of their disabling condition, unable to safely and

effectively use normal weight balls she

said that " disability doesn't matter " and that the balls were for the exclusive

use of customers under the age of 8.

Participants were forced to use balls that were unsafe and too heavy for

effective usage. They were also made to feel

unwelcome and unworthy.

Several adults repeated this request to the employee and were told that it was

the " policy " to restrict the use of

underweight balls to children.

2.. Request for Assistive Technology

1.. Use of Bowling Ramp: " Hollywood Bowl " has, on prior occasions, produced

what is commonly

called a " ramp " in order to accommodate the needs of customers with

disabilities. This ramp can be adjusted to control

the direction of the bowling ball. A participant need only place it at

the top of the ramp and the downward

roll provides the force necessary for the ball to strike the pins.

" Hollywood Bowl " agent and representative was asked for the ramp. At first she

stated that the establishment

did not have such a device. When it was pointed out that this group had used it

before she responded that it was

" locked, and I don't feel like unlocking it. " Since the students had already

been denied the use of appropriate

bowling balls the additional denial of the assistive technology made their

experience even less safe, enjoyable

and created a feeling of being unwelcome and discriminated against because of

their disabilities.

2.. Use of Bumpers: An additional assistive technology device at

Hollywood Bowl are " bumpers " which are mechanical devices that fill the gutters

to prevent the balls from leaving

the official path to the pins. On prior occasions students have used the bumpers

with no questions asked.

Bumpers make the experience fun and meaningful and are a reasonable

accommodation made available

to them by state and federal law to compensate for their disabling conditions.

The employee refused to allow the students to use the bumpers and again stated

" disability makes no difference. "

She then repeated the statement that the establishment's official policy was to

deny customers use of assistive

technology if they are over the age of 8 years.

Complaint - Page 4

Conclusion:

All requests for reasonable accommodation were politely stated and were clearly

identified as disability related.

The employee grew more and more petulant and hostile with each request. At one

point she refused to answer a

Grant High School staff person by shouting, " are you threatening me? " when the

staff person asked to speak to the manager.

The students proceeded to bowl with inappropriate equipment guaranteed them

under the law. All requests of assistive technology,

as provided by law, were denied.

The establishment's behavior made the students and chaperones feel discriminated

against and unwelcome.

What was to be a fun day of activity, (hard enough for young people with

disabilities to find), turned out to be

one of tension, unhappiness and a clear and distinct sensation of being second

class citizens who are not welcome

at the Hollywood Bowl.

In addition to the students themselves, there are four adults who made

accommodation requests to the staff person

and were all treated with the same hostility. They include myself, two staff

members from Grant High School and the

staff person from the Gaffney Foundation.

Complainants believe Hollywood Bowl violated their rights by its hostile and

discriminatory rejection of their legally

protected rights to reasonable accommodation under both state and federal law.

A certified true copy of this complaint has been personally served on an agent

of Hollywood Bowl this 10 day of November, 2006.

Complainants request an investigation and appropriate sanctions as provided by

law.

November 11, 2006

Hi Mike,

Reading this just made my blood just boil with people like that

employee, no telling if I would of grabbed her and dragged her down

the bowling alley and this of course would of made some news and of

course been locked up. In reality, I know I would of not had let this

be too and I would of made sure to have done something and even made

sure that it came out on our local's news. I know I would not have

slept because it would be something that I knew was very wrong. I do

know some well known powerful people here in our community and I

immediately would of had them join to witness on what was going on.

I really would of made my round of calls, so much noise that they

would of never wish to have treated anyone with disability like this.

This employee was discriminating big time, were you able to speak to

the owner?

An apology is really due here.

You're certainly correct the recreational places for individuals with

disabilities are limited, glad you took action, no one should be

treated like this, respect was not in order here, please keep us

updated on the outcome of it. Dignity and Justice is what everyone

deserves and we demand it, is very true! With you in spirit and

everyone whom participated for what was suppose to be a nice

recreational time have my prayers that this will be resolved in a

nice respectful manner.

Irma, 18,DS/ASD

November 11, 2006

Wow! I am happy you filed the complaint, sad that the employee was so rude and

made it necessary. It is too bad that what should have been a great afternoon

of fun for this group of people turned into a very bad experience. Timely, as I

am planning to take my son and a disabled peer of his (that I am providing

respite for this weekend) bowling this afternoon! We shall see how accomodating

they are for us.

Becky

T wrote:

Complaint- Page 1

Thursday was a school holiday here. What I expected to be a nice social event

for high school kids

turned into quite a nightmare for us all. The events are described below.

Following direction from their

website I drafted this and mailed it off to the Dept. of Justice. I dropped a

copy off at the bowling alley

and got a face full of real bigotry and anger from the same employee. The odd

thing is that I wrote an article

about this facility two years ago when they were trumpeting their disability

friendly message and looking

for our business.

This is the first time I have filed an ADA complaint and really don't know if it

is adequate or not. Next week

I plan to file a similar one with the appropriate state agency. It may be that

the ugliness of this doesn't come

across in the language of the complaint but .... it was ugly.

To: United States Department of Justice

Civil Rights Division

Complaint for Discrimination Under Title III of the

Americans with Disabilities Act and Section 504

of the Vocational Rehabilitation Act and

Request for Investigation and Appropriate Sanctions.

Person filing Complaint

T.

(contact information above)

Person(s) Discriminated Against

Eleanor as representative of approximately 12 high school students and

young adults participating

in a bowling party on November 9, 2006. All of the persons discriminated against

are individuals with

developmental disabilities

and are recognized as such by the Developmental Disabilities Services Division

of the Department of Human Services,

State of Oregon. All of the class of people were attending a bowling event

co-sponsored by the Gaffney Foundation,

a 501©(3) non-profit corporation under the laws of the State of Oregon, and

the " Friends First Club " of Grant High School,

Portland (Oregon) Public Schools.

Eleanor is an 18 year-old adult dependent-child of T. and

may be contacted at the same address.

Eleanor was born with Down syndrome, a developmental disability, and is a

special education student at Grant

High School and a member of the " Friends First Club. "

Persons discriminated against are both 18 and above and younger.

Organization that Discriminated

The common name of the organization that discriminated is " Hollywood Bowl. "

Its' precise ownership and/or business name, if different than its' advertised

name, is unknown to the claimants.

Complaint - Page 2

Hollywood Bowl.

4030 NE Halsey

Portland, OR. 97213

503 288-9237

Hollywood Bowl is a privately owned entity covered by Title III of the Americans

with Disabilities Act (ADA).

It is licensed by the Oregon Liquor Control Agency to serve alcoholic beverages.

It is licensed by the appropriate

state agency to provide Oregon Lottery games. It is licensed by the City of

Portland to serve food and beverage.

It is an establishment covered by the ADA, Title III, inclusion of " places of

public exercise or recreation " as well as a place of

" exhibition and entertainment " and a " place of public gathering. "

" Hollywood Bowl " is within the jurisdiction of Section 504 of the Rehab Act.

That act guarantees persons with

disabilities the right to participation in the same " major life activity " as

persons without disabilities. Section 504

requires accommodations such as " help, " " assistance, " " support, " and

" adjustment. "

A Description of the Act or Acts of Discrimination

The " Hollywood Bowl " employee on duty from 10 a.m. until noon, Thursday,

November 9 was hostile, belligerent and abusive.

She refused to give her name and turned over her identification badge. She is a

dark haired female,

25-30 years old and 250-300 pounds.

As representative agent of " Hollywood Bowl " she engaged in the following acts of

discrimination.

In all of the description below the participants requested disability related

accommodation in order to

enjoy the major life activity of exercise. These requests were very specific,

respectful and clearly based on disability.

1.. Use of Bowling Balls.

As a part of their disabling condition many of the participants have muscle

tone, digital development or other

genetic traits that makes it impossible for them to

lift, swing and use normally weighted bowling balls.

" Hollywood Bowl " maintains underweight balls on a separate shelf, which students

have used on previous occasions.

On November 9 the shelves were locked. When the employee was asked to unlock

them she refused. When told that the

students were, as part of their disabling condition, unable to safely and

effectively use normal weight balls she

said that " disability doesn't matter " and that the balls were for the exclusive

use of customers under the age of 8.

Participants were forced to use balls that were unsafe and too heavy for

effective usage. They were also made to feel

unwelcome and unworthy.

Several adults repeated this request to the employee and were told that it was

the " policy " to restrict the use of

underweight balls to children.

2.. Request for Assistive Technology

1.. Use of Bowling Ramp: " Hollywood Bowl " has, on prior occasions, produced what

is commonly

called a " ramp " in order to accommodate the needs of customers with

disabilities. This ramp can be adjusted to control

the direction of the bowling ball. A participant need only place it at the top

of the ramp and the downward

roll provides the force necessary for the ball to strike the pins.

" Hollywood Bowl " agent and representative was asked for the ramp. At first she

stated that the establishment

did not have such a device. When it was pointed out that this group had used it

before she responded that it was

" locked, and I don't feel like unlocking it. " Since the students had already

been denied the use of appropriate

bowling balls the additional denial of the assistive technology made their

experience even less safe, enjoyable

and created a feeling of being unwelcome and discriminated against because of

their disabilities.

2.. Use of Bumpers: An additional assistive technology device at

Hollywood Bowl are " bumpers " which are mechanical devices that fill the gutters

to prevent the balls from leaving

the official path to the pins. On prior occasions students have used the bumpers

with no questions asked.

Bumpers make the experience fun and meaningful and are a reasonable

accommodation made available

to them by state and federal law to compensate for their disabling conditions.

The employee refused to allow the students to use the bumpers and again stated

" disability makes no difference. "

She then repeated the statement that the establishment's official policy was to

deny customers use of assistive

technology if they are over the age of 8 years.

Complaint - Page 4

Conclusion:

All requests for reasonable accommodation were politely stated and were clearly

identified as disability related.

The employee grew more and more petulant and hostile with each request. At one

point she refused to answer a

Grant High School staff person by shouting, " are you threatening me? " when the

staff person asked to speak to the manager.

The students proceeded to bowl with inappropriate equipment guaranteed them

under the law. All requests of assistive technology,

as provided by law, were denied.

The establishment's behavior made the students and chaperones feel discriminated

against and unwelcome.

What was to be a fun day of activity, (hard enough for young people with

disabilities to find), turned out to be

one of tension, unhappiness and a clear and distinct sensation of being second

class citizens who are not welcome

at the Hollywood Bowl.

In addition to the students themselves, there are four adults who made

accommodation requests to the staff person

and were all treated with the same hostility. They include myself, two staff

members from Grant High School and the

staff person from the Gaffney Foundation.

Complainants believe Hollywood Bowl violated their rights by its hostile and

discriminatory rejection of their legally

protected rights to reasonable accommodation under both state and federal law.

A certified true copy of this complaint has been personally served on an agent

of Hollywood Bowl this 10 day of November, 2006.

Complainants request an investigation and appropriate sanctions as provided by

law.

November 11, 2006

Have fun Becky.

Here locally this is one thing most of the bowling centers here will do

spoil the people with disabilities in our community. It is such a great

feeling to not have to experience people who believe we owe the world

to, yea right. But, I'm pretty sure it would not have been like this is

people like Mike did not stand their ground and brought up their

concerns when they were affected.

I am even given free bowling passes to come and go as long as there are

no bowling leagues going on. You name it they will provide anything

needed. I love bowling and I'm very glad that does too

especially now that he is able to tolerate the environment.

We will soon have another recreational center down the road with one of

ourChampionship Spurs basketball player Tony and Eva Longoria (

http://www.evasheroes.org/services.html )opening a facility for many

with disability which is nice to have in our community and one of our

local autism society of Greater SA is assisting a new YMCA develop some

programs for many with disability.

This is exactly what it takes, everyone to voice their concerns to make

things happen.

Have a great day and looking forward reading an update on how the day

turned out.

Thanks,

Irma,18,DS/ASD

>

> Wow! I am happy you filed the complaint, sad that the employee was

so rude and made it necessary. It is too bad that what should have

been a great afternoon of fun for this group of people turned into a

very bad experience. Timely, as I am planning to take my son and a

disabled peer of his (that I am providing respite for this weekend)

bowling this afternoon! We shall see how accomodating they are for us.

>

> Becky

November 11, 2006

Hello

I am so sorry to hear about the experience your daughter and friends had at the

bowling alley. She was probably dealing with an uneducated person with a lot of

issues...maybe even a mental illness? She sounded totally " out of control " . I

am also glad that you filed the complaint.

Now to counterbalance I would like to tell you about our bowling experience I

had in Utica ,N.Y. I went to " Pinorama " Bowl on Genesee St. I took my son

his best friend Ted, and my daughter Kate. They all have D.s. It was my

treat of course but the kids wanted to order their own shoes etc. The gal behind

the counter was so sweet. She helped all of the kids get a ball that fit

correctly and asked if we wanted " bumpers " . Then it was time to pay. It was

around 7 or 8 dollars each so when I asked how much that would be and she

said, " six dollars " I said.. " No, I am paying for all of them " She said, " OH, I

gave you the ARC rate...$2.00 each " I said , " I am not with ARC..these are my

children and their friend.. Her reply.. " oh, that's fine,enjoy yourselves " I did

not want to make a scene so to speak..so I just said, " Well thank you, we will " .

We used the " unexpected windfall " at Friendly's for ice cream after.(for you

folks not from the east coast Friendly's is an ice cream spot that also sells

meals)

Brigid

Bowling/Bigotry/ADA complaint

Complaint- Page 1

Thursday was a school holiday here. What I expected to be a nice social event

for high school kids

turned into quite a nightmare for us all. The events are described below.

Following direction from their

website I drafted this and mailed it off to the Dept. of Justice. I dropped a

copy off at the bowling alley

and got a face full of real bigotry and anger from the same employee. The odd

thing is that I wrote an article

about this facility two years ago when they were trumpeting their disability

friendly message and looking

for our business.

This is the first time I have filed an ADA complaint and really don't know if

it is adequate or not. Next week

I plan to file a similar one with the appropriate state agency. It may be that

the ugliness of this doesn't come

across in the language of the complaint but .... it was ugly.

To: United States Department of Justice

Civil Rights Division

Complaint for Discrimination Under Title III of the

Americans with Disabilities Act and Section 504

of the Vocational Rehabilitation Act and

Request for Investigation and Appropriate Sanctions.

Person filing Complaint

T.

(contact information above)

Person(s) Discriminated Against

Eleanor as representative of approximately 12 high school students and

young adults participating

in a bowling party on November 9, 2006. All of the persons discriminated

against are individuals with

developmental disabilities

and are recognized as such by the Developmental Disabilities Services Division

of the Department of Human Services,

State of Oregon. All of the class of people were attending a bowling event

co-sponsored by the Gaffney Foundation,

a 501©(3) non-profit corporation under the laws of the State of Oregon, and

the " Friends First Club " of Grant High School,

Portland (Oregon) Public Schools.

Eleanor is an 18 year-old adult dependent-child of T.

and may be contacted at the same address.

Eleanor was born with Down syndrome, a developmental disability, and is

a special education student at Grant

High School and a member of the " Friends First Club. "

Persons discriminated against are both 18 and above and younger.

Organization that Discriminated

The common name of the organization that discriminated is " Hollywood Bowl. "

Its' precise ownership and/or business name, if different than its' advertised

name, is unknown to the claimants.

Complaint - Page 2

Hollywood Bowl.

4030 NE Halsey

Portland, OR. 97213

503 288-9237

Hollywood Bowl is a privately owned entity covered by Title III of the

Americans with Disabilities Act (ADA).

It is licensed by the Oregon Liquor Control Agency to serve alcoholic

beverages. It is licensed by the appropriate

state agency to provide Oregon Lottery games. It is licensed by the City of

Portland to serve food and beverage.

It is an establishment covered by the ADA, Title III, inclusion of " places of

public exercise or recreation " as well as a place of

" exhibition and entertainment " and a " place of public gathering. "

" Hollywood Bowl " is within the jurisdiction of Section 504 of the Rehab Act.

That act guarantees persons with

disabilities the right to participation in the same " major life activity " as

persons without disabilities. Section 504

requires accommodations such as " help, " " assistance, " " support, " and

" adjustment. "

A Description of the Act or Acts of Discrimination

The " Hollywood Bowl " employee on duty from 10 a.m. until noon, Thursday,

November 9 was hostile, belligerent and abusive.

She refused to give her name and turned over her identification badge. She is

a dark haired female,

25-30 years old and 250-300 pounds.

As representative agent of " Hollywood Bowl " she engaged in the following acts

of discrimination.

In all of the description below the participants requested disability related

accommodation in order to

enjoy the major life activity of exercise. These requests were very specific,

respectful and clearly based on disability.

1.. Use of Bowling Balls.

As a part of their disabling condition many of the participants have muscle

tone, digital development or other

genetic traits that makes it impossible for them to

lift, swing and use normally weighted bowling balls.

" Hollywood Bowl " maintains underweight balls on a separate shelf, which

students have used on previous occasions.

On November 9 the shelves were locked. When the employee was asked to unlock

them she refused. When told that the

students were, as part of their disabling condition, unable to safely and

effectively use normal weight balls she

said that " disability doesn't matter " and that the balls were for the

exclusive use of customers under the age of 8.

Participants were forced to use balls that were unsafe and too heavy for

effective usage. They were also made to feel

unwelcome and unworthy.

Several adults repeated this request to the employee and were told that it was

the " policy " to restrict the use of

underweight balls to children.

2.. Request for Assistive Technology

1.. Use of Bowling Ramp: " Hollywood Bowl " has, on prior occasions, produced

what is commonly

called a " ramp " in order to accommodate the needs of customers with

disabilities. This ramp can be adjusted to control

the direction of the bowling ball. A participant need only place it at the top

of the ramp and the downward

roll provides the force necessary for the ball to strike the pins.

" Hollywood Bowl " agent and representative was asked for the ramp. At first she

stated that the establishment

did not have such a device. When it was pointed out that this group had used

it before she responded that it was

" locked, and I don't feel like unlocking it. " Since the students had already

been denied the use of appropriate

bowling balls the additional denial of the assistive technology made their

experience even less safe, enjoyable

and created a feeling of being unwelcome and discriminated against because of

their disabilities.

2.. Use of Bumpers: An additional assistive technology device at

Hollywood Bowl are " bumpers " which are mechanical devices that fill the

gutters to prevent the balls from leaving

the official path to the pins. On prior occasions students have used the

bumpers with no questions asked.

Bumpers make the experience fun and meaningful and are a reasonable

accommodation made available

to them by state and federal law to compensate for their disabling conditions.

The employee refused to allow the students to use the bumpers and again stated

" disability makes no difference. "

She then repeated the statement that the establishment's official policy was

to deny customers use of assistive

technology if they are over the age of 8 years.

Complaint - Page 4

Conclusion:

All requests for reasonable accommodation were politely stated and were

clearly identified as disability related.

The employee grew more and more petulant and hostile with each request. At one

point she refused to answer a

Grant High School staff person by shouting, " are you threatening me? " when the

staff person asked to speak to the manager.

The students proceeded to bowl with inappropriate equipment guaranteed them

under the law. All requests of assistive technology,

as provided by law, were denied.

The establishment's behavior made the students and chaperones feel

discriminated against and unwelcome.

What was to be a fun day of activity, (hard enough for young people with

disabilities to find), turned out to be

one of tension, unhappiness and a clear and distinct sensation of being second

class citizens who are not welcome

at the Hollywood Bowl.

In addition to the students themselves, there are four adults who made

accommodation requests to the staff person

and were all treated with the same hostility. They include myself, two staff

members from Grant High School and the

staff person from the Gaffney Foundation.

Complainants believe Hollywood Bowl violated their rights by its hostile and

discriminatory rejection of their legally

protected rights to reasonable accommodation under both state and federal law.

A certified true copy of this complaint has been personally served on an agent

of Hollywood Bowl this 10 day of November, 2006.

Complainants request an investigation and appropriate sanctions as provided by

law.

November 11, 2006

In a message dated 11/11/2006 6:52:46 P.M. Eastern Standard Time,

gldcst@... writes:

I'm wondering if you first threatened the management/owner of the bowling

alley before filing this official complaint and what their reaction was?

Sherry,

I was wondering the same thing. Also, as stated in another post, if the lady

did have some mental impairment that does not translate as the cause of her

nastiness. My child has a mental impairment but she isn't mean or nasty.

(unless you count when she smears the poop). When I hear someone who has been

demeaning and disrespectful labeled as they must have a mental impairment to

cause their nastiness I kinda cringe because that is what society looks at

and then here we come trying to get people to accept and treat our children

with respect and we wonder why it's so difficult for them to recognize the

difference. JMHO

Carol

Trishasmom

She isn't typical, She's Trisha!

November 11, 2006

What a horrible experience (except to further ones ability to write a class

action complaint for ADA!

This is also a civil rights issue. Perhaps the Southern Poverty Law Center

(which takes cases of civil rights violation for people with disabilities )

might be interested in taking this case to court.

They typically ask for property settlements. Then the bowling alley would

belong to the complaintants. Would you like to help run a bowling alley??

Elie would come work for you.

Sara - Choose to make lemonade, not complain about the lemons.

>

>Reply-To:

>To:

>Subject: Re: Bowling/Bigotry/ADA complaint

>Date: Sat, 11 Nov 2006 08:00:25 -0800 (PST)

>

>Wow! I am happy you filed the complaint, sad that the employee was so rude

>and made it necessary. It is too bad that what should have been a great

>afternoon of fun for this group of people turned into a very bad

>experience. Timely, as I am planning to take my son and a disabled peer of

>his (that I am providing respite for this weekend) bowling this afternoon!

>We shall see how accomodating they are for us.

>

> Becky

>

> T wrote:

> Complaint- Page 1

>

>Thursday was a school holiday here. What I expected to be a nice social

>event for high school kids

>

>turned into quite a nightmare for us all. The events are described below.

>Following direction from their

>

>website I drafted this and mailed it off to the Dept. of Justice. I dropped

>a copy off at the bowling alley

>

>and got a face full of real bigotry and anger from the same employee. The

>odd thing is that I wrote an article

>

>about this facility two years ago when they were trumpeting their

>disability friendly message and looking

>

>for our business.

>

>This is the first time I have filed an ADA complaint and really don't know

>if it is adequate or not. Next week

>

>I plan to file a similar one with the appropriate state agency. It may be

>that the ugliness of this doesn't come

>

>across in the language of the complaint but .... it was ugly.

>

>To: United States Department of Justice

>

>Civil Rights Division

>

>Complaint for Discrimination Under Title III of the

>

>Americans with Disabilities Act and Section 504

>

>of the Vocational Rehabilitation Act and

>

>Request for Investigation and Appropriate Sanctions.

>

>Person filing Complaint

>

> T.

>

>(contact information above)

>

>Person(s) Discriminated Against

>

>Eleanor as representative of approximately 12 high school students

>and young adults participating

>

>in a bowling party on November 9, 2006. All of the persons discriminated

>against are individuals with

>

>developmental disabilities

>

>and are recognized as such by the Developmental Disabilities Services

>Division of the Department of Human Services,

>

>State of Oregon. All of the class of people were attending a bowling event

>co-sponsored by the Gaffney Foundation,

>

>a 501©(3) non-profit corporation under the laws of the State of Oregon,

>and the " Friends First Club " of Grant High School,

>

>Portland (Oregon) Public Schools.

>

>Eleanor is an 18 year-old adult dependent-child of T.

>and may be contacted at the same address.

>

>Eleanor was born with Down syndrome, a developmental disability, and

>is a special education student at Grant

>

>High School and a member of the " Friends First Club. "

>

>Persons discriminated against are both 18 and above and younger.

>

>Organization that Discriminated

>

>The common name of the organization that discriminated is " Hollywood Bowl. "

>

>Its' precise ownership and/or business name, if different than its'

>advertised name, is unknown to the claimants.

>

>Complaint - Page 2

>

>Hollywood Bowl.

>

>4030 NE Halsey

>

>Portland, OR. 97213

>

>503 288-9237

>

>Hollywood Bowl is a privately owned entity covered by Title III of the

>Americans with Disabilities Act (ADA).

>

>It is licensed by the Oregon Liquor Control Agency to serve alcoholic

>beverages. It is licensed by the appropriate

>

>state agency to provide Oregon Lottery games. It is licensed by the City of

>Portland to serve food and beverage.

>

>It is an establishment covered by the ADA, Title III, inclusion of " places

>of public exercise or recreation " as well as a place of

>

> " exhibition and entertainment " and a " place of public gathering. "

>

> " Hollywood Bowl " is within the jurisdiction of Section 504 of the Rehab

>Act. That act guarantees persons with

>

>disabilities the right to participation in the same " major life activity "

>as persons without disabilities. Section 504

>

>requires accommodations such as " help, " " assistance, " " support, " and

> " adjustment. "

>

>A Description of the Act or Acts of Discrimination

>

>The " Hollywood Bowl " employee on duty from 10 a.m. until noon, Thursday,

>November 9 was hostile, belligerent and abusive.

>

>She refused to give her name and turned over her identification badge. She

>is a dark haired female,

>

>25-30 years old and 250-300 pounds.

>

>As representative agent of " Hollywood Bowl " she engaged in the following

>acts of discrimination.

>

>In all of the description below the participants requested disability

>related accommodation in order to

>

>enjoy the major life activity of exercise. These requests were very

>specific, respectful and clearly based on disability.

>

>1.. Use of Bowling Balls.

>

>As a part of their disabling condition many of the participants have muscle

>tone, digital development or other

>

>genetic traits that makes it impossible for them to

>

>lift, swing and use normally weighted bowling balls.

>

> " Hollywood Bowl " maintains underweight balls on a separate shelf, which

>students have used on previous occasions.

>

>On November 9 the shelves were locked. When the employee was asked to

>unlock them she refused. When told that the

>

>students were, as part of their disabling condition, unable to safely and

>effectively use normal weight balls she

>

>said that " disability doesn't matter " and that the balls were for the

>exclusive use of customers under the age of 8.

>

>Participants were forced to use balls that were unsafe and too heavy for

>effective usage. They were also made to feel

>

>unwelcome and unworthy.

>

>Several adults repeated this request to the employee and were told that it

>was the " policy " to restrict the use of

>

>underweight balls to children.

>

>2.. Request for Assistive Technology

>

>1.. Use of Bowling Ramp: " Hollywood Bowl " has, on prior occasions, produced

>what is commonly

>called a " ramp " in order to accommodate the needs of customers with

>disabilities. This ramp can be adjusted to control

>the direction of the bowling ball. A participant need only place it at the

>top of the ramp and the downward

>roll provides the force necessary for the ball to strike the pins.

>

> " Hollywood Bowl " agent and representative was asked for the ramp. At first

>she stated that the establishment

>

>did not have such a device. When it was pointed out that this group had

>used it before she responded that it was

>

> " locked, and I don't feel like unlocking it. " Since the students had

>already been denied the use of appropriate

>

>bowling balls the additional denial of the assistive technology made their

>experience even less safe, enjoyable

>

>and created a feeling of being unwelcome and discriminated against because

>of their disabilities.

>

>2.. Use of Bumpers: An additional assistive technology device at

>Hollywood Bowl are " bumpers " which are mechanical devices that fill the

>gutters to prevent the balls from leaving

>

>the official path to the pins. On prior occasions students have used the

>bumpers with no questions asked.

>

>Bumpers make the experience fun and meaningful and are a reasonable

>accommodation made available

>

>to them by state and federal law to compensate for their disabling

>conditions.

>

>The employee refused to allow the students to use the bumpers and again

>stated " disability makes no difference. "

>

>She then repeated the statement that the establishment's official policy

>was to deny customers use of assistive

>

>technology if they are over the age of 8 years.

>

>Complaint - Page 4

>

>Conclusion:

>

>All requests for reasonable accommodation were politely stated and were

>clearly identified as disability related.

>

>The employee grew more and more petulant and hostile with each request. At

>one point she refused to answer a

>

>Grant High School staff person by shouting, " are you threatening me? " when

>the staff person asked to speak to the manager.

>

>The students proceeded to bowl with inappropriate equipment guaranteed them

>under the law. All requests of assistive technology,

>

>as provided by law, were denied.

>

>The establishment's behavior made the students and chaperones feel

>discriminated against and unwelcome.

>

>What was to be a fun day of activity, (hard enough for young people with

>disabilities to find), turned out to be

>

>one of tension, unhappiness and a clear and distinct sensation of being

>second class citizens who are not welcome

>

>at the Hollywood Bowl.

>

>In addition to the students themselves, there are four adults who made

>accommodation requests to the staff person

>

>and were all treated with the same hostility. They include myself, two

>staff members from Grant High School and the

>

>staff person from the Gaffney Foundation.

>

>Complainants believe Hollywood Bowl violated their rights by its hostile

>and discriminatory rejection of their legally

>

>protected rights to reasonable accommodation under both state and federal

>law.

>

>A certified true copy of this complaint has been personally served on an

>agent

>

>of Hollywood Bowl this 10 day of November, 2006.

>

>Complainants request an investigation and appropriate sanctions as provided

>by law.

>

November 11, 2006

No you did not offend me and it wasn't your post that I was referring to.

Carol

Trishasmom

She isn't typical, She's Trisha!

November 11, 2006

I'm wondering if you first threatened the management/owner of the bowling alley

before filing this official complaint and what their reaction was?

Sherry

November 11, 2006

No. When I went back yesterday the same nasty woman was there. I thought about

that but, really, the kids don't need some half baked apology. They need access

to the AT.

As for 's post all I can say is that perhaps, maybe, there is something I

can think of worse than owning a bowling alley. If so, I will have to ponder

that for a few days.

Re: Bowling/Bigotry/ADA complaint

I'm wondering if you first threatened the management/owner of the bowling alley

before filing this official complaint and what their reaction was?

Sherry

November 11, 2006

You know, Carol, this is an interesting post you made.

Why did she act like that? It felt to me like a powerless person - obese -

minimum wage - seeing a group of people she could feel superior to and wanting

them to hurt.

This place has always been welcoming and nice to our kids.

The odd thing about it is that none of " us " got angry. We were sort of stunned

by the overt hostility. I think that one of the side consequences of having a

child with a disability is seeing humanity in a bigger light. What makes a

" person? " What is humanity? What causes us to want to be superior?

Why does someone's else's pain make us feel good?

I'm pretty tough. I have been involved in confrontations of one kind or another

all my life. One of the things about Eleanor is that from the first moment she

made me experience feelings of tenderness and acceptance I never thought I

possessed.

To see her hated with such venom really stripped me of the ability to react. I

kept thinking the woman would smile and that it had all been a big

misunderstanding. I just could not " get it. " What had these people ever done to

deserve to be disrespected?

In retrospect I have some shame that I was such a wimp. It was all so startling.

Now that we are two days out I am not so mad or angry as sad. Irrational hurt

inflicted on innocents has always riled me. I wrote in my book that we all

wonder what will happen to our children when we are dead and cannot protect

them. And this event was the epitome of my worst nightmare.

The children all had looks of shock mixed with resignation.

Like they were saying " of course she hates us. " And, not because they are

powerless but because they are so sweet, they just went on with their time

together. Compared to me they are all such immensely superior human beings.

I will tell you frankly - parent to parent - that there are times I want to take

her in my arms and kiss her and leap from the highest building because of my

fear of what they will do to her when I can't protect her.

And, there is a big part of me that admires that bigot at the bowling alley. At

least she's honest. I would rather Eleanor ended up with her than in the hands

of some self righteous

" professional " asshole who earns their living off the suffering and dependency

of our children.

At least that woman in the bowling alley displayed some honesty.

Sent: Saturday, November 11, 2006 4:14 PM

Subject: Re: Bowling/Bigotry/ADA complaint