A plaintiff whose PTSD symptoms include extreme agoraphobia argues that Americans with Disabilities Act (ADA) and other laws require a local drugstore to let him shop after hours by way of according a quieter, less stressful experience. He has thus far enjoyed some success with his federal claim. [Callum v. CVS Health, U.S. District Court for the District of South Carolina]
7 Comments
Based on the alleged facts – that CVS in fact does allow some people to shop after hours – it seems like a reasonable claim.
Part of the problem is that his white female friend only requested the ability to shop after hours. Mr Callum was also looking to have prescriptions filled.
I can’t speak to the area where Mr Callum lives, but in my area, at those CVS locations that aren’t open 24/7, the actual pharmacy closes almost at least an hour before they lock the doors (longer on Sundays). The actual pharmacists would be gone by the time the doors are locked.
There is a difference between allowing shoppers who are in the store to finish their shopping and allowing another person in the store after hours to shop.
The plaintiff says that other stores are willing to accommodate him. those stores include drug stores and pharmacies. Because those stores are willing to accommodate him means he has an outlet for his needs.
A store should have the right to set its hours and its policies. The idea of shopping after hours is a store decision and one the government should stay out of.
Online shopping as the definitive solution for agoraphobia. Never have to leave the home safe place.
But then it wasn’t really about getting what he neded, but getting the sense of power by making others bend to his personal quirks. And perhs the money.
I don’t think because CVS allows some people to shop after hours we should conclude this guy has a reasonable claim.
Like everyone’s mother said, “This is why we can’t have nice things.”
Bob
Perhaps some disabilities are simply too severe to be accommodated. And I cannot see how it is reasonable to demand a completely private shopping session at a public store.
Consider that the plaintiff wants the door locked behind him so that no other customers may enter. Now imagine another customer showing up just after closing while the plaintiff is shopping, and asking to be let in to buy some emergency medical good. This is the making of yet another lawsuit.