Fast food employees mocked a blind woman who needed help reading menu:
NY Daily News.com "Alice Camarillo, who is legally blind, says she was ridiculed when she asked for help reading the menu at fast-food restaurants like Burger King, McDonald's, Taco Bell and Wendy's.
She sued. A federal judge in Albany threw it out, saying the law doesn't require restaurant workers to be polite.
Yesterday, a Manhattan federal appeals court overruled the lower court, and Camarillo can sue the restaurants under the Americans with Disabilities Act.
'I feel good about it,' Camarillo, who lives in upstate Hudson, told the Daily News. 'I'm just sorry it took so long. Quite a few things that they did were humiliating.'"The appeals court ruling means the 2005 suit - believed to be the first of its kind - could go before a jury this year. The issue is whether the restaurants properly train their employees to serve the blind and disabled.
Camarillo said annoyed workers served other customers before reading her just a partial list of their offerings. Camarillo can read large print when she holds it close, but can't make out most menus.
During a visit to Burger King, employees "laughed and stared" and pointed her in the direction of the men's room when she asked for a bathroom, she claims.
At Taco Bell, a cashier told her to wait until the rest of the customers had ordered.
"Put simply, Camarillo cannot experience full and equal enjoyment of defendants' services if she is unable to access the list of the services available to her," the appeals court said.
Last year, Albany Federal Court Judge Gary Sharpe dismissed the suit, saying Camarillo was never denied service at the restaurants. Sharpe said ADA laws don't regulate "rudeness or insensitivity" of workers.
The appeals judges' disagreed.
"While restaurants are not necessarily required to have on hand large print menus that Camarillo would be able to read, they are required to ensure that their menu options are effectively communicated to individuals who, like Camarillo, are legally blind," the judges wrote.
Camarillo's lawyer, Michael O'Neill, believes this is the first time a blind or disabled person has made such a challenge under the ADA.
"The way Alice was treated in some of these restaurants was just horrible," O'Neill said.
Lawyers for the restaurants declined to comment.
Hello world!
6 days ago
No comments:
Post a Comment
Some rules: No leftwing attacks nor Obama supporters so don't waste you're time & especially mine. All 99% others welcome to have your say.