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  1. #1
    Join Date
    Dec 2007
    Posts
    3

    Default Refusing Service Based on Carrying Required Medication, Syringes

    While traveling I stayed at a hotel in Sandy, UT. After arriving late, I went to a nightclub, Sandy Station, next door for an appetizer. After showing id and paying a membership fee, I was asked to open my purse so an employee could look in it. I thought it was strange because it seemed like a nice place, but I didn't care because I didn't have anything to hide. When the employee saw my insulin syringe in the bottom of my purse, she said she was going to have to ask her manager. I explained that I am diabetic and pulled out my testing case to show her my insulin and testing machine. She still called her boss over. I said, "But I'm even allowed to take this on a plane." Her manager said, "This is a problem." I showed him my testing machine and insulin and my medical id necklace. He said, "A hypodermic needle is still a problem." I said, "You can't deny me entry becasue I'm a diabetic." He said, "But I can refuse you service."

    I know my only damages were that I am a type 1 diabetic and went without my prescribed meal that night because everything else nearby was closed. But what I really want to know is whether it is legal to refuse service because of a medical condition.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Refusing Service

    At the point that they acted you weren't denied access due to a medical condition, but were denied access because they didn't want you to bring a syringe into their club - they then investigated, albeit clumsily. Did you explain any necessity of caring the syringe to the manager? (Would it have been reasonable to take your syringe out to your car or back to your hotel room? Recall, we don't know your medical condition and you haven't shared many details.) Were you in fact denied service, or were you able to work things out?

    (If the airline is following regulations, you would be allowed to take the syringe on a plane with a bottle of medication that had your name on it and a letter from your doctor attesting to the need. Before the rules were clarified, some airlines would even ask that diabetics have the flight staff hold their syringes.)

  3. #3
    Join Date
    Dec 2007
    Posts
    3

    Unhappy Re: Refusing Service

    Perhaps this wasn't the right forum for this question. I've since contacted the American Diabetes Association. But I will pass along some information...

    I couldn't leave my syringe in the car or in the hotel because I was going to eat. Decades ago, diabetics had to wait 45 minutes for their insulin to take effect- now it takes effect almost immediately. Besides, some reactions come on so quickly, that a diabetic could pass out in the snow outside the club, never knowing s/he had left to get their testing machine.

    To ask the club to "hold my medication for me" is infantilizing and inappropriate- they are not in charge of my medical condition and I would never trust someone else to take care of medication that is life or death for me. Even a hospital cannot take my medication from me without my consent or due cause. Besides, the ADA has fought and won the right of students of any age to have syringes, needles, and testing equipment in the classroom. Diabetics are even allowed to take syringes, needles and over 3 oz. of liquid on board a plane- medicine and testing materials, of course.

    Do you understand that diabetes is classified as a disability under the law?

    With this additional information, could someone who knows the law in cases of disability answer whether the right to refuse service applies to someone with a medical condition?

  4. #4
    Join Date
    Dec 2007
    Posts
    3

    Angry Re: Refusing Service

    Quote Quoting Mr. Knowitall
    View Post
    At the point that they acted you weren't denied access due to a medical condition, but were denied access because they didn't want you to bring a syringe into their club

    This is exactly the attitude I encountered with the club manager- I didn't WANT to bring a syringe into the club. I would much rather NOT be diabetic. You make it sound "very suspicious" that I might bring a syringe, as though I don't really need it. Why don't I just leave it at home? How can you seperate my syringe from my medical condition, if you understand what diabetes is?

    To know yet to think that one does not know is best; Not to know yet to think that one knows will lead to difficulty. Lao-tzu

  5. #5
    Join Date
    Nov 2006
    Posts
    368

    Default Re: Refusing Service

    I would notify the local health officer. He may be able to relay the info that a syringe belonging to a diabetic is not illegal. Also this link to the Americans with Disability act will give you the info you need.

    http://www.law.cornell.edu/uscode/42...2----000-.html

    read Paragraph (2) section (A).

    Then consult with a disability attorney. You may be able to receive damages from their refusal to allow entry to a qualifying disability.

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