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To: Alter Kaker
Except now the family of the two year old will have standing to sue the pool for discrimination in violation of Title III of the Americans with Disabilities Act and clean up.

I don't think so.

The Americans with Disabilities Act requires reasonable accommodations, not total.

I do not think asking a person (or their guardian) who has a serious life threatening illness to provide documentation that they do not pose a risk to other patrons as an unreasonable accommodation.

The child in the pool would be in close contact with other patrons and as the pool owner stated he did not know the potential for transmittal from a 2 year puking on another patron (not unreasonable to assume a sick child might puke in a pool). I do not believe this is a strong case for violation of the American with Disabilities Act.

195 posted on 07/09/2007 8:09:12 PM PDT by dpa5923 (Small minds talk about people, normal minds talk about events, great minds talk about ideas.)
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To: dpa5923
The Americans with Disabilities Act requires reasonable accommodations, not total.

And permitting a family to use a public facility is a totally reasonable accommodation. Any court in the United States will agree.

The child in the pool would be in close contact with other patrons and as the pool owner stated he did not know the potential for transmittal from a 2 year puking on another patron (not unreasonable to assume a sick child might puke in a pool).

Ignorance of the law is not a defense. I'm not sure how often children puke on one another in this fellow's establishment, but as I'm sure you know, vomit cannot transmit HIV.

I do not believe this is a strong case for violation of the American with Disabilities Act.

That's fair. Plenty of lawyers will disagree with you, and I believe there's actually a pretty hefty amount of case law to back them up on that.

199 posted on 07/09/2007 8:33:32 PM PDT by Alter Kaker (Gravitation is a theory, not a fact. It should be approached with an open mind...)
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