California state law on fitting rooms?

[DGP]

I was in a Nordstrom Rack today in OC, and they told me it would be a minute for a fitting room. I asked about the one on the end, and they told me it was reserved for a handicap person. I said that, seeing as there were none, could I take it? They said that they had to leave it open. I asked for the manager, who told me it was state law to have one available. I told her that there is a difference between having one available in the store, so that when someone who needed it came, they could make it available, but it didn't mean that it had to be left open at all times. She kept claiming it was the law, which I am pretty sure is bullshit. She asked me if I needed to try something, and I told her not anymore, I was no longer in the mood. I also put down a basket full of shoes that I was mulling over.

I think that it's good to have accessable rooms, but I think to reserve them at all times is unbelievably stupid, and, if it is in fact law, reverse discrimination. While a person in a wheelchair should have priority once they arrive, they should not have prefferential treatment before they arrive. I had been about to sample one of those Arnold Brant Black Label suits that had been discussed here eariler, but I decided that I had no desire to buy there because they are marsupialed.

 

[coatandthai]

They reserve those blue spaces in front of the store which is discrimination too. Those darned handicapped people are soooo lucky, getting all the breaks in life while we able-bodied people have to suffer so.

 

[DGP]

Originally Posted by coatandthai

They reserve those blue spaces in front of the store which is discrimination too. Those darned handicapped people are soooo lucky, getting all the breaks in life while we able-bodied people have to suffer so.


That's completely different. With a fitting room, there is much greater turn-over, and someone there to make sure that if someone comes up in a wheelchair, they are next for the room. But there is no reason that a person in a wheelchair shouldn't have to wait in line until the next time an accessable room comes open, at which point they have priority for it.

 

[yawn]

boo hoo

 

[Kent Wang]

 

[Get Smart]

reminds me of the "Curb your Enthusiasm" episode with Larry, the wheelchair guy, and the handicap bathroom stall with no one in it.

 

[wEstSidE]

Sir, have you ever been handicapped. Unfortunately, my right leg was crippled for a few months. It wasn't a central nervous system injury, therefore it healed, but it certainly was no walk in the park. Why would you be angry that someone in a wheelchair gets "prefferential treatment [sic]"? There are far more fitting rooms for able-bodied people than for the handicapped. Is it killing you to not use that one room rather than wait one minute. If you are some sort of multimillionaire (I think there's evidence you are not, mainly pettiness), then forgive me for underestimating the value of your time.

 

[DGP]

Originally Posted by wEstSidE

Sir, have you ever been handicapped. Unfortunately, my right leg was crippled for a few months. It wasn't a central nervous system injury, therefore it healed, but it certainly was no walk in the park. Why would you be angry that someone in a wheelchair gets "prefferential treatment [sic]"? There are far more fitting rooms for able-bodied people than for the handicapped. Is it killing you to not use that one room rather than wait one minute. If you are some sort of multimillionaire (I think there's evidence you are not, mainly pettiness), then forgive me for underestimating the value of your time.


I would never begrudge a handicapped person the handicapped fitting room. That said, there were none present at the time, I'm not even sure if there was one in the store. I take about 5min in the fitting room. See where I'm going with this? If one came up, I have no problem with them getting prefferential treatment. I think that's a good idea. But I see no reason to inconvenience everyone else when there is no handicapped person to help by reserving the room. Sorry, but I'm with Larry David (and presumably GetSmart) on this one.

 

[Kent Wang]

My

cries for both parties, the handicapped and the able. It is an equal opportunity smilie.

 

[Get Smart]

Originally Posted by DGP

Sorry, but I'm with Larry David (and presumably GetSmart) on this one.
I wouldnt have made an issue of it, but I think that if there were no one handicapped in the vicinity they should have just let you use the room with the disclaimer that if a handicapped person were to come forth while you were in the room, they'd have to ask you to vacate the room ASAP and wait for the next able-bodied room. It does sound like you perhaps overreacted a bit

 

[DGP]

Originally Posted by Get Smart

I wouldnt have made an issue of it, but I think that if there were no one handicapped in the vicinity they should have just let you use the room with the disclaimer that if a handicapped person were to come forth while you were in the room, they'd have to ask you to vacate the room ASAP and wait for the next able-bodied room. It does sound like you perhaps overreacted a bit


Fair enough. It just pisses me off a bit when companies enact stupid policies in an effort to either be too PC or over-comply with laws/regulations, and do things that just don't make sense. Was it that big a deal? No. Did it bother me enough to not more closely consider items I was sort of interested in and take an extra two minutes to let the manager know I thought they didn't think their policy through? Yes.

 

[wEstSidE]

They didn't think the policy through, the lawyers did.

 

[DGP]

Originally Posted by wEstSidE

They didn't think the policy through, the lawyers did.


Fair enough, but why have I never encountered this before? Does Nordstrom Rack have smarter lawyers than any other store? I think someone just interpreted the law differently, and therefore enacted a policy that doesn't really make sense. JMHO.

 

[coatandthai]

The truth is, if a handicapped person came along and there was a delay because the store was permitting able-bodied persons to use the stall, the store could be sued under the ADA. Since the ADA has a fee-shifting provision (technical violators must pay the attorneys fees of the plaintiff), there are actually handicapped persons who go out looking for technical violations so they and their lawyers can file suit. They even tried this shakedown with Clint Eastwood. The safest thing a store can do is what the Rack did in your case, as defending an ADA suit is very expensive (federal court) with zero upside. If you don't like it, blame GWB I who signed the ADA. Frankly, when I walk into one of those stores that has so many displays placed in the walkways that it's impossible to get from one place to another, I wish one of these handicapped persons would file suit. P.s., it saved you from buying a crappy Arnold Brant suit.

 

[DGP]

Originally Posted by coatandthai

The truth is, if a handicapped person came along and there was a delay because the store was permitting able-bodied persons to use the stall, the store could be sued under the ADA. Since the ADA has a fee-shifting provision (technical violators must pay the attorneys fees of the plaintiff), there are actually handicapped persons who go out looking for technical violations so they and their lawyers can file suit. They even tried this shakedown with Clint Eastwood. The safest thing a store can do is what the Rack did in your case, as defending an ADA suit is very expensive (federal court) with zero upside. If you don't like it, blame GWB I who signed the ADA.

Frankly, when I walk into one of those stores that has so many displays placed in the walkways that it's impossible to get from one place to another, I wish one of these handicapped persons would file suit.

P.s., it saved you from buying a crappy Arnold Brandt suit.


I'm no lawyer, but what kind of case would that person have if all fitting rooms were taken? Just because you are handicapped, doesn't mean there has to be a room ready for you. It just means there has to be one available, and that when a handicapped person shows up, it should be available. Having all rooms filled, including the handicapped one, with able bodied people is no different than some rooms filled and the handicapped room filled with a handicapped person. Just being handicapped doesn't mean there has to be a room ready for you right away, it just means there has to be one in the store to accomodate your needs, and that it needs to be made available as soon as possible, the same way any other room has to be made available to the first person on line as soon as it becomes available. Making the handicapped person wait until the person gets out of the room is no different than making me wait till the next room in general becomes available.