Legal Question in Disability Law in California

disability discrimination

I want to sue a gym for cancellation of

my brothers gym membership after 16

years. my brother has down's

syndrome and i believe the new

management just wants him out.


Asked on 1/30/09, 10:02 pm

9 Answers from Attorneys

Joseph La Costa Joseph La Costa, Attorney at Law

Re: disability discrimination

You need an attorney at this point, as the other lawyers said your brother has a good case and it should be pursued, if you are in Southern California contact my office.

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Answered on 2/02/09, 6:19 pm
Frank Pray Employment Law Office of Frank Pray

Re: disability discrimination

California Civil Code Section 51 et seq. prohibit discrimination in the offering of business services. The Gym probably has its "official" reasons for the termination of the membership. The case would focus on proving those reasons to be lies. Your brother's 14 years of good membership indicates he used the gym safely and according to the rules, and that history will be in his favor. Your brother can recover monetary and emotional damages, and attorney's fees, as well as a potential statutory penalty.

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Answered on 2/02/09, 8:20 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: disability discrimination

What was the reason given for the cancellation? Contact me directly.

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Answered on 1/31/09, 6:17 pm
Joel Selik www.SelikLaw.com

Re: disability discrimination

How horrible. What did they say?

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Answered on 1/31/09, 8:39 pm
Kas Torabi Pacifica International Law Group, LLP

Re: disability discrimination

Dear LawGuru User:

I am sorry for this sad situation and the violation of your brother's rights. I have family who suffer from the same disorder, if his is also Trisomy 21. What the gym has allegedly done, if it was based on his disability, is highly illegal and can be both UNDONE by court order as well as punished by a monetary fine payable to your brother. This is because federal law called the Americans with Disabilities Act (the ADA) as well as some state law protect disabled persons such as your brother from discrimination at public places such as that gym. Basically, if your brother is denied equal access or is terminated from membership because of his disability, he can and should obtain the above-mentioned legal remedies. Our disabled persons rights attorneys have succesfully represented, at trial, several persons in the same legal situation as your brother. I would be more than happy to undertake and aggressively pursue his case, should you wish to do so, at no cost to you. My contact information is below, and I truly look forward to speaking with you further regarding this violation. You can reach me at the email address below. Again, there is no cost to you for anything.

Regards,

Kas Torabi

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Answered on 1/31/09, 1:15 am
Kas Torabi Pacifica International Law Group, LLP

Re: disability discrimination

Dear LawGuru User:

I am sorry for this sad situation and the violation of your brother's rights. I have family who suffer from the same disorder, if his is also Trisomy 21. What the gym has allegedly done, if it was based on his disability, is highly illegal and can be both UNDONE by court order as well as punished by a monetary fine payable to your brother. This is because federal law called the Americans with Disabilities Act (the ADA) as well as some state law protect disabled persons such as your brother from discrimination at public places such as that gym. Basically, if your brother is denied equal access or is terminated from membership because of his disability, he can and should obtain the above-mentioned legal remedies. Our disabled persons rights attorneys have succesfully represented, at trial, several persons in the same legal situation as your brother. I would be more than happy to undertake and aggressively pursue his case, should you wish to do so, at no cost to you. My contact information is below, and I truly look forward to speaking with you further regarding this violation. You can reach me at the email address below. Again, there is no cost to you for anything.

Regards,

Kas Torabi

Read more
Answered on 1/31/09, 1:15 am
Kas Torabi Pacifica International Law Group, LLP

Re: disability discrimination

Dear LawGuru User:

I am sorry for this sad situation and the violation of your brother's rights. I have family who suffer from the same disorder, if his is also Trisomy 21. What the gym has allegedly done, if it was based on his disability, is highly illegal and can be both UNDONE by court order as well as punished by a monetary fine payable to your brother. This is because federal law called the Americans with Disabilities Act (the ADA) as well as some state law protect disabled persons such as your brother from discrimination at public places such as that gym. Basically, if your brother is denied equal access or is terminated from membership because of his disability, he can and should obtain the above-mentioned legal remedies. Our disabled persons rights attorneys have succesfully represented, at trial, several persons in the same legal situation as your brother. I would be more than happy to undertake and aggressively pursue his case, should you wish to do so, at no cost to you. My contact information is below, and I truly look forward to speaking with you further regarding this violation. You can reach me at the email address below. Again, there is no cost to you for anything.

Regards,

Kas Torabi

Read more
Answered on 1/31/09, 1:15 am
Kas Torabi Pacifica International Law Group, LLP

Re: disability discrimination

Dear LawGuru User:

I am sorry for this sad situation and the violation of your brother's rights. I have family who suffer from the same disorder, if his is also Trisomy 21. What the gym has allegedly done, if it was based on his disability, is highly illegal and can be both UNDONE by court order as well as punished by a monetary fine payable to your brother. This is because federal law called the Americans with Disabilities Act (the ADA) as well as some state law protect disabled persons such as your brother from discrimination at public places such as that gym. Basically, if your brother is denied equal access or is terminated from membership because of his disability, he can and should obtain the above-mentioned legal remedies. Our disabled persons rights attorneys have succesfully represented, at trial, several persons in the same legal situation as your brother. I would be more than happy to undertake and aggressively pursue his case, should you wish to do so, at no cost to you. My contact information is below, and I truly look forward to speaking with you further regarding this violation. You can reach me at the email address below. Again, there is no cost to you for anything.

Regards,

Kas Torabi

Read more
Answered on 1/31/09, 1:15 am
Terry A. Nelson Nelson & Lawless

Re: disability discrimination

IF he has some indication and evidence that is the reason, then he has a case. Feel free to contact me if serious about this and he has something to go on. Even the circumstantial evidence of the cancellation against his condition is 'some' evidence. What else does he have?

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Answered on 2/02/09, 1:27 pm


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