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I am handicapped, not in a wheelchair, but legally handicapped

 
Hammer O'Justice's Avatar
  • Answered by:Hammer O'Justice
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Customer Question

I am handicapped, not in a wheelchair, but legally handicapped and use a walker or cane to get around. I was at the AMC Theatre tonight at Universal Studios and when we walked in, all the handicapped seats were taken by just the average person, non handicapped. I went out to the front and asked someone that works in the theatre to please go in and ask people to please move them so I could have a seat in a handicapped area. I can walk down isles without injuring my hips or falling. The person said that the handicapped area was for wheelchairs only and the seats were for their friends they bring. A handicapped seat is for anyone that is legally handicappted and the theatre would not go in and ask the people to move. I ended up having to walk down one of the isles to get a seat and ended up injuring my hips in the process. When I left, I went to customer service and told them of what had happened and they said that they can't govern who sits where and that if the seats are filled once the previews begin, they cannot ask a person to move even in the handicapped area. I said that was against the law and that I injured myself for having to sit in an alternate seat, they just said sorry and gave me two free tickets to the next movie. I feel that they were completely out of line and going against the law of giving me a seat in the handicapped area assigned. I want to make an issue of this and sue them for doing this to me. This also happened at the Grove Theatre as well in Los Angeles and no one does anything about it. I feel this goes against my rights and I need to do something about this injustice not only for me, but for everyone that goes through this. I am going tomorrow to urgent care now to have my hips x rayed for what injuries I have incurred from this. I also recorded on my phone the entire conversation for my protection of what they said to me. What do you suggest I do? I want to sue and make a statement for all handicapped people like me and make them pay for what they do all the time. This is not the first time this has happend to me, it happens all the time in these theatres making my experience so unpleasant and stressful. I am 56 with two hip problems, full back surgery and problems, 4 heart attacks and more and tired of this kind of treatment from places like this. What should I do? Robert McWilliams

 

Optional Information:
Country relating to Question: United States
State (if USA): California

Already Tried:
Nothing as of yet. I am seeing urgent care tomorrow for my injuries to my hips. What do you suggest I do. I have many doctors for all my problems I have for my handicap.

Submitted: 275 days and 15 hours ago.
Category: Legal
Value: $59
Status: CLOSED

Accepted Answer

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Expert:  Hammer O'Justice replied 275 days and 15 hours ago.

Hello.

You can file a complaint with the Department of Justice for a violation of Title III of the Americans with Disabilities Act. The DOJ's website includes complete instructions for filing such a complaint:
http://www.ada.gov/t3compfm.htm
If the DOJ feels there is sufficient cause to bring legal action for violating the ADA, it will bring a case itself against the theater. If the DOJ takes on the case, you won't have to worry about hiring an attorney because it handles the case.

Your other option is to attempt to file a federal lawsuit against the theater for failing to provide reasonable accommodations, among others. You may want to seek an attorney if you want to proceed in this fashion. If you cannot afford to hire a lawyer, you can try to find one that works on contingency, meaning they take a portion of any damages recovered rather than requiring you to pay up front. To find a lawyer in your area, you can go to this directory:
http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

You can type in "Disabled Access" or "Civil Rights" in the practice area, and then type in your zip code to locate attorneys in your area that handle Disability law cases.

Expert TypeAttorney
Category: Legal
Pos. Feedback: 97.0 %
Accepts: 869
Answered: 7/9/2012

Experience: 8 years legal experience

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