ADA claim: store wouldn’t let him use inline skates

by Walter Olson on July 19, 2008

Peter Jose Smith of Provo, Utah, is suing the Mercado Latino market, saying it violated his accommodation rights under the Americans with Disabilities Act because it wouldn’t let him wear inline skates in the store behind his wheelchair. Store owner Hugo Martinez said Smith, who has sued other local businesses, was asked to comply with the store’s policy against skates after he “was riding quickly in the store and bumped into another customer”. (Ace Stryker, “Disabled Provo man suing Latin market”, Provo Daily Herald, Jul. 18).

{ 3 comments }

1 stfoley 07.19.08 at 5:01 pm

Wait…he’s out of his wheelchair, using rollerskates?

This doesn’t sound like a valid ADA claim, just sounds like an inconsiderate customer. Common sense (well, common sense should be common) dictates that rollerskates are recreational devices and should be used only where safe for the user and those around them.

2 Marcus 07.20.08 at 1:01 pm

It shameful what these childish bullies try to force others to put up with,all because our incompetent lawmakers can’t seem to get anything right. Lets see how long it will take before our country’s policies chase all small businesses away. I also suspect the justice dept. has no plan on ruling on this, they seem to like watching bus. owners and landlords writhing to write checks out to their legal teams every month while defending these whacky half-written rules.

3 OBQuiet 07.21.08 at 8:57 am

Marcus,

It isn’t that they CAN’T get it right. It is that the CHOOSE not to.

By passing laws that are vague and imprecise, they can take credit for the “good” idea and any positive results but pass any blame to the courts and administration. It lets them their good press and minimize the negative. In effect they are choosing reelection over governing.

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