If I have tourettes and walk into a movie thearter and strart yellimg “Fuck the bomb, Fuck the bomb, Fuck the bomb!”, can the kick me out?
A movie theater is private property, so they can kick you out for anything. Would they kick you out? That depends. They’d probably approach you first and assess your situation. If you really had Tourette’s but were an otherwise mature adult, I’d imagine you’d be quite contrite and an understanding could be reached. Would you be able to keep it relatively under control or would it be a constant problem? It might boil down to how much the other patrons complain about you.
The fact that they are a private theater does not exempt them from the provisions of the Americans With Disabilities Act (ADA). This isn’t a constitutional free-speech question.
ADA is employment law. It
(source)
It does not say what accommodations businesses must make to customers.
A business can eject a customer for any reason they want (exceptions are probably race, religion, and other protected classes).
Applies to public accommodations too: Redirecting…
Sure. They can’t kick you out for simply having a disability, but they can kick you out for being disruptive, regardless of the origins of your disruptive nature.
Similarly, an employer isn’t allowed to fire (or refuse to hire) you simply because you have some sort of disability, e.g. you have no fingers. But if your lack of fingers prevents you from doing any useful work (even with “reasonable accomodations”), then you can be shown the door for that reason.
This isn’t right on point (obviously) but:
Added descriptive thread title.
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Gfactor**
General Questions Moderator
At least in the employment setting, ADA accommodations are almost 100% on a case-by-case basis depending on what accommodation is reasonable in that specific situation. For example, if this were a workplace situation, they’d look at whether you could be provided a soundproofed area to watch the movie, or be given a pass to return as many times as needed to leave the movie when your symptoms flared up and return to catch the rest of it, or whatever else might actually be reasonable in that specific situation. What is determined reasonable could vary between a small theater with special showings and a large chain of multiplexes, and based on the level of disability of the person involved.
The reasonableness standard also seems to apply to public accommoation
“A public accommodation must make reasonable modifications in policies, practices and procedures to accommodate people with disabilities.
An accommodation is not required if it will fundamentally alter the goods, services or operation of a public accommodation. For example, a department store may have to alter its policy of only allowing one person at a time in the dressing room, if a person with a disability requires assistance with dressing.” From here http://www.mtstcil.org/skills/ada4-a.html
ADA for public accommodations has some additional provisions. For example, qualifying new buildings have to be built to certain standards of wheelchair access, whether anyone in a wheelchair ever actually visits that facility or not.
Okay, first of all let me announce that I take Ambian to sleep, and when I’m on it I black out and do things that I don’t remember doing. When I made this thread, I was on it. But I’m glad I did, because there are some things that I’m wondering.
Can they eject one because of a disability? Let’s say that I’m not in a business, let’s say I’m in a court room observing a case. Can they still make me leave?
Courtrooms are controlled by the Judge, and they generally insist on a pretty rigorous decorum.
So if you are disruptive (because of tourettes or any reason) the judge will almost certainly have you removed. If you are a person directly connected with the case (like the victim, or a family member of a party), they may allow you to watch via closed-circuit TV in a small room (many courtrooms have closed-circuit TV facilities now).
The Judge has a great deal of control over his Courtroom. He can, in fact, order every spectator out (‘clear the court’), even if everyone is perfectly well behaved. But he needs to have a good reason, to justify this to other Judges. And to the public, because our American tradition & rules about open courts will cause the public, and especially the press, to complain about this.
Typical reasons are the point where the victim of rape or a similar ordeal is recounting their ordeal in testimony. And especially in cases where that victim or witness is a child.
If it’s just something where the Judge wants to talk with the lawyers without others hearing, usually they will leave the courtroom (‘meet in chambers’) and work it out in private.
(IANAL) – I can’t imagine what sort of “reasonable accommodation” there could be for a customer shouting out like that in a public theatre. If a “reasonable accommodation” is not possible then I don’t think the shouting has to be accepted.