NEW YORK, Aug 8 (Reuters) - A deaf man has filed a
complaint alleging a nudist organization in upstate New York
violated federal law by refusing to provide him with a
sign-language interpreter at an annual festival.
Tom Willard, 53, of Rochester, said in a complaint filed
with the U.S. Justice Department that Empire Haven Nudist Park
violated the Americans with Disabilities Act (ADA) by
repeatedly refusing his requests for an interpreter so he could
attend workshops during the week-long festival.
"I am fed up with being turned away every time I try to do
something, by idiots who somehow feel the ADA does not apply to
them," Willard wrote in the complaint.
The ADA, which took effect in 1990, requires businesses and
non-profit groups to provide "auxiliary aids and services,"
including interpreters, at no additional cost to an individual.
First-time violations can result in fines of up to $55,000.
Willard said in an interview that in 2009 he approached
Morley Schloss, a board member of the Naturist Society, which
organized the festival. Schloss told Willard to hire his own
interpreter and said the interpreter would not have to pay
entry fees for the event, Willard said. On Aug. 2 -- the day
this year's festival began -- Willard said Schloss told him his
group would need three days notice to provide the service.
"The interpreter I located was ready and able to do the job,
so why a three-day waiting period, as if I were buying a gun or
something," Willard said.
Willard said he has no intention of suing the nudist park,
and he's simply trying to raise awareness about groups that
ignore ADA requirements. He said he is also filing a complaint
against a local comedy club that refused to provide him with an
interpreter.
"I hate that I have to go through these experiences and
subject myself to ridicule and derision, but the alternative is
to stay home and never try to do anything in the world,"
Willard said.
Michael Schwartz, the director of Syracuse University
College of Law's disability rights clinic, who is deaf and has
known Willard for two decades, said businesses often ignore
their responsibilities under the ADA because it can be cheaper
not to comply.
"Because of the cost (of interpreters), many places choose
to say 'no' even though it violates the ADA because they are
making a calculated choice that they'll get away with it,"
Schwartz wrote in an e-mail.
A spokeswoman for Empire Haven, which is in the Finger
Lakes region, was not available for comment, and Schloss did
not return multiple requests for comment.
But in an e-mail provided by Willard, Schloss said he had
only heard about the complaint when a reporter called him last
week.
"I responded promptly as soon as I was made aware of
[Willard's] request," Schloss wrote in the e-mail. "We have
always welcomed deaf people at Naturist events."
(Reporting by Daniel Wiessner)