Emily Bomball

Issue #1- Prima facie discrimination case 

A. General Rule:  No individual shall be discriminated against on the basis of
disability in the full and equal enjoyment of the goods, services, facilities,
privileges, advantages, or accommodations of any place of public
accommodation by any person who owns, leases (or leases to), or operates a
place of public accommodation. 42 USCA § 12182
B. Elements of Prima Facie Under ADA:
a. She is disabled within the meaning of the ADA. Molski
i. Definition: Disability: “a physical or mental impairment that
substantially limits one or more major life activities of such an
individual”. 42 U.S.C.A. § 12102 (1)(a)
b. The defendant is a private entity that owns, leases, or operates a place of
public accommodation. Molski
i. Sub-rule: The following private entities are considered public
accommodations for purposes of this subchapter, if the operations
of such entities affect commerce…. a laundromat, dry-cleaner,
bank, barber shop, beauty shop, travel service, shoe repair service,
funeral parlor, gas station, office of an accountant or lawyer,
pharmacy, insurance office, professional office of a healthcare
provider, hospital, or other service establishment. 42 U.S.C.A. §
12181 (7)(f)
c. The plaintiff was denied public accommodations by the defendant
because of disability. Molski
i. Sub-rule: For purposes of subsection (a), discrimination includes…
a failure to make reasonable modifications in policies, practices, or
procedures, when such modifications are necessary to afford such
goods, services, facilities, privileges, advantages, or
accommodations to individuals with disabilities, unless the entity
can demonstrate that making such modifications would
fundamentally alter the nature of such goods, services, facilities,
privileges, advantages, or accommodations. 42 USCA § 12182 (2)
(a)
ii. Sub-rule: To recover under Title III of Americans with Disabilities
Act (ADA) in a retail sale case, a plaintiff must show that…plaintiff
requested a reasonable modification in that policy or practice
which, if granted, would have afforded him access to the desired
goods, that the requested modification, or a modification like it, was
necessary to afford that access, and that the defendant
nonetheless refused to modify the policy or practice. Dudley 
iii. Sub-rule: The purpose of the ADA's public accommodations
requirements is to ensure accessibility to the goods offered by a
public accommodation, not to alter the nature or mix of goods that
the public accommodation has typically provided. In other words, a
bookstore, for example, must make its facilities and sales
 operations accessible to individuals with disabilities, but is not
required to stock Braille or large print books. Similarly, a video store
must make its facilities and rental operations accessible but is not
required to stock closed-captioned video tapes. Ford
iv. Sub-rule: Title III of Americans with Disabilities Act (ADA) negates
any requirement that a disabled person engage in a futile gesture to
establish the existence of a discriminatory policy or practice.
Dudley