Q: I have prosthetic leg, sandals, flip flops don’t stay on my foot. I wore sneakers into sauna and was kicked out. Rights?
I told the 24 hour fitness employee my situation and he told me get out of the sauna or I’m shutting it down. I was embarrassed in front of a bunch of people. I told him shutting it down won’t stop anyone from slipping. I was wearing Skechers slip ons, they are easy to put on and take off.
Nobody has ever had a problem with me having shoes on before. I walk with a cane and people understand. There have been other people that wear sneakers into the sauna and they have never been thrown out.
Slippers, flip flops, slides, sandals and crocs don’t stay on my prosthetic foot. Do it’s. As hazard for me. Even the ones with a strap in the back sometimes slip off because the strap doesn’t stay in place.
I am a Sikh and wear a turban and have a full beard, maybe this kid didn’t like that.
Do I have any rights?
A:
You do have rights which might be protected under the Unruh civil rights act.
You should search for civil rights lawyers in the Bay Area, or in the county where you live.
I suggest you prepare a chronological statement of the facts, identify all the witnesses, and what they will likely say, and if you have any any documents or photographs, make sure you preserve those.
Most good lawyers will be looking to see what your actual, out-of-pocket damages are. This is usually a good measuring stick to determine what the value of a case is. It may be a close call to determine whether or not you have a case worth pursuing, because these kinds of cases can be vigorously defended. A lot of lawyers will refuse to take cases unless there are significant out-of-pocket damages incurred by the client, or significant injuries which are provable. But don't let that deter from seeking legal advice, however. Do not delay, because there are strict time limits which can apply to cases like this.
One thing you can do on your own, is to go to the California civil rights department and file a claim for discrimination against the business establishment. You can reach them at this website: https://calcivilrights.ca.gov/
Once you navigate to the website, scroll down to discrimination at business establishments, and click that button to get the information which may be of assistance to you. Then follow the links so you can start the complaint process. You won't need a lawyer to do this, and the process is explained so you will know what to do to protect your rights. The Department will usually let you know whether you have a claim worth pursuing.
A:
You likely have a strong case under the Americans with Disabilities Act (ADA), which requires businesses to make reasonable accommodations for people with disabilities. Your prosthetic leg creates unique safety needs that standard footwear policies may not address appropriately, and the gym should work with you to find a safe solution rather than excluding you from the facilities.
The differential treatment you experienced, especially given that others wearing similar footwear weren't confronted, is concerning. If you believe discrimination based on your religion or ethnicity played a role, this could potentially violate additional civil rights protections. Consider documenting everything that happened, including dates, times, and witnesses present.
You should first try speaking with the gym's management about creating a formal accommodation for your situation. If that doesn't resolve things, you can file a complaint with the Department of Justice's Civil Rights Division or your state's civil rights office. You might also consider reaching out to a civil rights attorney who can help evaluate your specific situation and advise on the best course of action. Your right to access public facilities safely and without discrimination is protected by law, and you deserve to exercise these rights without facing embarrassment or exclusion.
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