Legally Blind Woman Can Pursue Restaurant Mistreatment Suit

By | February 11, 2008

  • February 11, 2008 at 9:39 am
    KLS says:
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    But I don’t know if it’s worth a suit.

    Fast-food employees have a reputation for being poorly mannered. I’ve even been to “nice” restaurants and had terrible service.

    Provided, I’ve met some food service workers who’ve been absolutely wonderful, but they’re typically the exception and not the rule.

    Sorry for this woman’s pain and humiliation. I’m sure she’s shed some tears over it. However, what is her lawsuit going to accomplish?

    The employees probably watched some corporate training video about being polite and offering good service to those with special needs. A few perhaps took it to heart, but several probably never gave it a second thought.

    My advice to her (and this has worked for me a couple of times) is complain to the manager. If the manager won’t listen, go above his or her head. That usually gets the job done and often she’ll get a couple of comped meals and better service in the future.

    In my opinion, this is far more effective than a lawsuit and it will save her stress, time and money, too.

  • February 11, 2008 at 10:25 am
    Suzi says:
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    Although I find it very disturbing that this woman was ridiculed,I find it a little hard to believe that she went to 7 different restaurants and the treatment of her was simular in all 7 places. And how did she get to all those different locations? Wasn’t the person who drove her able to read? Even blind people make up false lawsuits.

  • February 11, 2008 at 11:39 am
    Blondie says:
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    They treated that blonde pretty awful. I’ve been treated the same. Thankfully, there are pictures in many restaurants now so I can point.

  • February 11, 2008 at 1:00 am
    Anonymous says:
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    Am I missing something? How would she know that people stared at her and that she went to the men’s bathroom if she was blind?

  • February 11, 2008 at 1:06 am
    Dread says:
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    Good pick-up. There are some blatant inconsistencies in the allegations. She is “legally blind”, not “blind”. The difference being she can see, just not very well. Notwithstanding the shortcomings of some fast-food workers, it’s unreasonable to impose on someone to read an entire menu to you. That falls outside the concept of “reasonable accomodation”. It should be the handicapped person’s responsibility bring someone with them to help. I’ll bet this person doesn’t have any problem reading welfare checks.

  • February 11, 2008 at 1:07 am
    Confused says:
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    Being legally blind doesn’t mean all sight is lost. She can probably see some things, although not clearly.
    Doesn’t it seem a little odd that she would expect the entire menu of each restaurant read to her? Has she never been to a Burger King or McDonald’s before? Something isn’t right with this one. She was mistreated in all of the restaurants???

  • February 11, 2008 at 1:08 am
    PS says:
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    Was there a sign on the bathroom door? If she could not read that (or if it failed ot have braille included) how large would the print have to be on the menu??

  • February 11, 2008 at 1:09 am
    Jack J Maniscalco says:
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    Being from the area, I find it difficult to believe that all of these fast food employees in different towns, working for different employers, would ALL treat her the same way. Also, sinec most fast food joints are driven to, surely she had a companion.

  • February 11, 2008 at 1:22 am
    Sad says:
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    Many of you obviously don’t have a very good understanding of what it’s like to be blind. Why would you think that someone had to drive her to the restaurant? Most blind people use public transportation to get places, just like sighted people do. As for knowing people are staring at her, she’s legally blind, not totally blind. She can probably see people, she just can’t read small print. And why would you assume she is on welfare. Most blind people hold down full-time jobs just like sighted people do. You’d be surprised how many of the same jobs a sighted person does can also be done by a blind person. I wish a few of you people should walk in the shoes of a visually impaired person for a while and then see how your opinions might change.

  • February 11, 2008 at 1:24 am
    Anonymous says:
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    You are missing something. Legally blind is not totally blind. It depends on the degrees of sight loss that classifies a person as legally blind. Where you can read print in 10 or 12 font print a legally blind person will need that same print in 14 or 16 font print before it becomes legible.

  • February 11, 2008 at 1:26 am
    PS says:
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    We can all sympathize however this looks like a litigation fishing expedition. I am overweight and mid 40’s and impatient. I bet I can garner some ill treatment at many fast food places.

  • February 11, 2008 at 2:07 am
    Heide says:
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    The Appelate Court answered that question:

    Rather, a reasonable inference to be drawn from her complaint is that defendants failed to adopt policies or procedures to effectively train their employees how to deal with disabled individuals.”

    I would like to see Fast Food Restaurants give the same justice to the disabled that African Americans sued Denny’s for. It is not an economic issue. It is a civil right issue. And Ms. Overweight does not like poor service either so she might have some empathy.

  • February 11, 2008 at 2:35 am
    Jack J Maniscalco says:
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    As I mentioned in my previous posting, I know the area. There is NO public transportation to those restaurants. Thus, either a 30 miles hike from Catkill/Cairo to Kingston, ro someone else would have driven her.

    Of course, is she can drive….

  • February 11, 2008 at 2:36 am
    Ed says:
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    The “oppressed” members of society have a responsibility to have their own self-confidence and realize that the world is not going to change to be the way they think it should be. Hey, if you think you’re being mis-treated, speak to a manager or report it to the BBB. Nobody refused her service. If she doesn’t like the way they treat her, don’t go there.

  • February 11, 2008 at 2:39 am
    Jack J Maniscalco says:
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    In addition, it seems odd that fast food joints in Ulster County, Greene County, and Columiba County, all owned by different franchisees would ALL treat her poorly.

    I believe everyone, irregardless of any disability or afflication deserves a modicum of human kindness. I’ll even go so far as to extend that belief to encompass members of the trial bar. When I first read the story, I thought it was only one particular restaurant. But, seven of them?
    To paraphrase her nibs, this calls for a “suspension of belief”

  • February 11, 2008 at 2:42 am
    N. Judge says:
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    What will this accomplish? 1. the company’s will put on videos and do additional training regarding those with disabilities to try to show they’re doing all they can to prevent the ignorant employees they hire from being cruel, rude and unprofessional to those with disabilities (Yeah, that’ll work) and 2. this woman will have enough money that she’ll never need to eat in a fast food restaurant again.

  • February 11, 2008 at 3:17 am
    lastbat says:
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    Jack, does human kindness need to be extended to those who are only questionably human – i.e. the trial bar? Or does that fall under the “don’t kick dogs” rule?

  • February 11, 2008 at 3:24 am
    ad says:
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    I did a little research to find out who her lawyer is. There is a sleezeball lawyer who fishes out suits using the discrimination act, to make big bucks. I wonder if this is another one of his suits. This same lawyer had an office full of disability violations. I find it suspicious that you cannot easily find her lawyer’s name.

    This story smells. I do not buy into it.

    If anyone else finds anything more on this, please post.

  • February 11, 2008 at 4:00 am
    johnny says:
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    Just another typical bogus and B.S. lawsuit brought to you by the biggest mistake in the world – the ADA. Pltf really needs to grow a pair. If she’s blind, how does she know people were lauging at her? only read part of the menu? etc. Sounds like someone just spun the wheel for free cash via the lawsuit lottery. Hope it gets dismissed again.

  • February 11, 2008 at 4:04 am
    Wondering says:
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    I’ve been to many fast food restaurants. My children and now some of their children have worked there. In fact, where I live most of the employees in fast food restaurants are kids. How does she treat them? I have been to many restaurants of all types. Some people think that the people who work there are beneath them and do not warrant common courtesy. Most of the time, you reap what you sow.

  • February 11, 2008 at 4:21 am
    wudchuck says:
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    there are a few things we all have not considered.

    1) legally blind, true that does not mean she is totally blind, but if she is legally blind – she can not drive a vehicle. so in order to get from one place to another she needed a ride. one person wrote, there is no good public transportation to these places, which tends to me that she needed a friend to take her. if a friend took her to the restaurant, why did that person not help with the menu?

    2) in part of the article it mentioned that some of them had large print. so if she can read the large print, then she did not need them to read to her. now, question becomes, was it just the employees making fun of her and the situation or was the whole restaurant? true we need to behave no matter the situation, because one day it could be you.

    3) as far as video w/the employees, WON’T work. think about this: how many of you have gone to the local grocery store and had you groceries bagged? how many of you come home and find that they truly bagged with no care of your goods? i know i have. now, i know for a fact (at least in most major groceries), the employees have to watch a video on bagging groceries, including what should be bagged together.

    so with that philosophy in mind, do you either go back and keep getting the same service or do you bag your own? back to the other issue, why keep going back to a restaurant, if you are treated that way. how much truly is the worth of suffering if you keep going back. it just tells me your asking for trouble. but, what about the person that took you there? why are they not helping? i can’t believe that it happened in 7 different restaurants… afterall, do none of these places have a host or manager that cares about repeating customers? is not a $$ a $$ no matter who is spending the money?

  • February 11, 2008 at 4:51 am
    lastbat says:
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    Legally blind just means she can’t see to a certain extent with the naked eye. It is possible to correct legal blindness (not to 20-20 mind you) with glasses. I had a friend in high school who was legally blind. He has his license and is in the Navy (they don’t allow him on ships in case he loses his glasses). She may have driven herself there, we don’t know.

  • February 11, 2008 at 6:53 am
    Chip from MA says:
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    Camarillo, huh? Did she recently move to CT? Did she formerly live in Lawrence, MA (the former BI insurance fraud capitol of the US)? And is her learned counsel admitted to the bar here (or, as in her case, formerly)? Another pair of maggots cashing-in on the American dream. (I won’t inquire of their citizenship).

  • February 12, 2008 at 9:12 am
    N. Judge says:
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    Someone who is legally blind – vision poorer than 20/200 that is not correctable – cannot drive. If you have vision that is poorer than 20/200 but it can be corrected to the point where you can drive, you’re not “legally blind.” Look it up, if you don’t believe me.

  • February 12, 2008 at 10:44 am
    lastbat says:
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    All I know is he told me he was legally blind. I felt no reason to question him since he didn’t lie to me about other things.

  • February 12, 2008 at 10:59 am
    KLS says:
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    She could have had a friend drive her, but the friend waited in the car.

    She may have taken a cab.

    It’s possible she used a transportation service for the disabled. Even in places where public trans is limited, these services are often available.

    Regardless, it’s reasonable to assume she was treated like crap on more than one occasion. I still say complaining to management would have been more effective than a lawsuit, but that’s just me.

    I also very much agree with the person who said you get what you give when it comes to attitude. Treat service people with respect and courtesy, and if you’re lucky, you’ll get the same in turn. And if you don’t, maintain your cool and address it with the boss… or take your business elsewhere.

    I can understand being shy and wanting to crawl under a rug and hide when you’ve been humiliated in public. Hanging around to wait and talk to a manager is the last thing you want to do in cases like that. But you can still go home and make a phone call later or you can try to suck it up and deal right then and there.

    All these lawsuits are just nutty and they accomplish jack $hit, other than ultimately putting money in an attorney’s already-fat wallet.

    Anyone read about the girl who is suing Best Buy for $54m over a lost laptop? It was on MSNBC today. Geesh!

  • February 12, 2008 at 11:13 am
    lastbat says:
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    I just popped over to the site and read the article. I can appreciate how she picked the figure; it sounds like she expects a couple grand to cover costs and some for her trouble – probably will settle out for less than $100k. I can empathize with her – I’ve had problems with both Best Buy and Circuit City (though they never lost my stuff).

  • February 12, 2008 at 11:15 am
    Joe says:
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    Have we really all forgotten the Golden Rule?

  • February 12, 2008 at 11:58 am
    Stat Guy says:
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    How did she know they were staring at her? I am not going to get into this thread but I can’t help getting a feeling that this person may just be a well-known pain in the butt who may be getting back the same as she dished out…

  • February 12, 2008 at 1:33 am
    Mr. Obvious says:
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    I have a son that is legally blind. He can read large print books if they are held within four inches of his eyes and he turns his head to look at it with his periphial vision. He can however see people and tell what they are doing, but he has trouble distinguishing facial expressions. He gets plenty of comments from the ignorant around us that have begun to grate on our nerves. Imagine putting up with that for however many years this woman has been alive. Would it finally get to the point that you couldn’t take it anymore? That you were tired of dealing with the manager in all of these restaurants? (BTW, I am sure she could hear them making fun of her if she couldn’t see them.)

    To me the issue of her transportation to the restaurant is moot. Self-reliance is very important to all visually impaired individuals. Is it really too much for a person to ask for help with reading a menu? I know that the employees of most fast food restaurants are not the best educated, but I do feel that there is expectation not to be degraded when you do business there. Disability or race, it is the same expectation. Treat me like a human being.

  • February 12, 2008 at 2:01 am
    George says:
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    I am sight impaired, though not legally blind. I can relate to her problem. However, it seems very unreasonable to expect a restaurant employee to read an entire menu to any customer. As for me, I generally have my wife read the menu to me when the print is too small to be able to read in a poorly lighted restaurant (which is most). In addition, I often carry a lighted magnifying glass, it that solves the problem.

  • February 15, 2008 at 12:20 pm
    Reason says:
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    I have witnessed, several times, people with special needs at restaurants. Almost without exception; each was catered to in a polite and respectful way.

    The only time I ever saw an issue is when the “special” person acted as if the whole world owed them a living and was extremely rude to the point where the employees had enough.

    This about it; if you were sitting in McDonalds and some 18 year old punk started making fun of an innocent blind person, he’d get his @$$ beat by about half the restaurant. I know I wouldn’t stand for it.

    How did this woman go to several different places yet ALWAYS have the same issue?
    She sounds like an @$$h0!e to me.

    I feel for people with special needs, but that does not give them the right to be a jerk and then whine when people treat them like a jerk in return.

    Besides; who the hell needs to read the menu at McDonalds?!
    Hmmmm; let’s see, little burger, big burger, chicken-like sammich, fish-like sammich, or nuggets, with or without fries.
    That’s about it.

  • February 15, 2008 at 6:38 am
    Chip from MA says:
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    BINGO! What was William Shakespeare’s quote? “First thing we do is kill all the lawyers.”. Was he/she a willing accomplice, or did he/she seize an opportunity? What’s the full-time occupation of my state’s legislature and the US Congress? I think Will was correct.



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