I'm disabled. Both knees are bad, and I'm living with one lung. Carrying the portable concentrator not only makes my knees hurt more, but if makes me out of breath in a shorter period of time.Over the period of Christmas I couldn't complete my shopping in one store because they were not handicapped available. They had no wheelchairs! I brought it up to the managers and they had no plans on having any in the near future!! It wasn't just 1 store, but mostly many that I had visited in the Mays Landing, NJ stores. Can you provide any help in getting them to supply wheel chairs for those like myself that can't make it through the store to shop?Thanking you in advance,Rose GianfeliceXXX-XXX-XXXX
State/Country relating to question: New Jersey
Doing 1/2 of my shopping and having to return another day when I'm feeling better. I find this to be truly unfair.
Good morning Rose,I'm sorry to hear of your situation.I'm afraid that while the ADA does require certain things of store owners in terms of making their premises handicap accessible, No court has found that this obligation includes the requirement that each store have wheelchairs for the use of their patrons. There are a limited few stores who do have such equipment available, but the majority do not and can not be legally compelled to provide them---I'm sorry.The customer is required to provide their own wheelchair if they have need for one. This is the same for all medical devices---including canes, walkers and other devices that assist folks with mobility---as well as such items as oxygen bottles or portable concentrators. These sorts of medical devices are always the responsibility of the patron to bring with them if they are needed.I have seen shopping malls where there was a central kiosk where a wheelchair could be borrowed for use in the mall by people in need of them---and perhaps that is where you might direct your push for assistance.I wish you the best in 2012.
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I have heard that fines can be brought against the individual stores to push them to accomodate those in need of wheelchairs, et al. Would this not be discrimination?
Good morning,You have heard about the failure to provide reasonable accommodations for customers. This typically revolves around accessible buildings. The provision of wheel chairs has never been required under the law.What you are talking about---the problem you encountered----does not constitute discrimination. I'm sorry.I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation, nor was it what I sensed you were hoping to hear. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.
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