Guest guest Posted November 11, 2006 Report Share Posted November 11, 2006 Brigid, That is so nice to know that Arc has a discount at your local bowling alley. I'm glad you had a good experience that day. , I am livid to even hear that this " woman " would have the audacity to do such a thing when I'm sure she's claimed her own " disability " issues (judging from her stated weight in your complaint). I hope she gets fired for that. Seriously. Judi S. 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. > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 11, 2006 Report Share Posted November 11, 2006 , This is an outrage.What a lazy witch.Maybe she had some kind of mental impairment to be so nasty. Good for you going forward with not standing for being treated unjustly.I hope you have resolution soon. Good luck Cyndi > > Brigid, > That is so nice to know that Arc has a discount at your local bowling alley. > I'm glad you had a good experience that day. > > , > I am livid to even hear that this " woman " would have the audacity to do such > a thing when I'm sure she's claimed her own " disability " issues (judging > from her stated weight in your complaint). I hope she gets fired for that. > Seriously. > > > Judi S. > 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. > > > > Quote Link to comment Share on other sites More sharing options...
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