My suspicion is that Jamie’s definition of ‘proper fitness training session’ involves body building where most other people are just looking for a workout/rehab type session.
Jamie has mentioned a few times that they have an Upper Body Ergometers/hand cycle. For most wheel chair bound people, this might be plenty sufficient to work their shoulder and arms. Jamie doesn’t want to ‘work’ his shoulders, he wants to build them up to competition level. ISTM that’s like complaining to the YMCA that their facilities aren’t doing a good enough job at training you to be a heavy weight boxing champ. When you’re looking for that level of training, it might be time to find a place that specializes in it.
If Jamie were to workout at a place that deals with competition level body builders they may have more equipment that caters to his needs.
But we’re talking about one thing, to the best of my knowledge he was satisfied with everything else that they had to offer. It was just that they didn’t have this one thing. I made a suggestion up thread for how he might be able to take care of it at home.
Actually, give the job to an engineer and I think he could have a lot of fun building something.
What I’m imagining is a pulll frame with springs and hydraulic lift - when weight (lets say 50kg) is loaded onto it, a switch is triggered that “lifts” the bar by 6-12". Would suit his needs perfectly.
But a modified version of this or this wouldn’t require an engineer, be considerably easier and cheaper to make and wouldn’t require electricity, hydraulic fluid, maintenance and weigh something like 30 pounds instead of over a hundred. Also, it wouldn’t pose the risk of leaving him stranded, in his chair, 6 inches off the ground if something malfunctioned or the power went out.
Having said that, IF, I were to make something like that, I’d use a screw rather then a hydraulic ram, just in the interest of weight, complexity, potential mess and noise. Come to think of it, a screw is the same way treadmills raise and lower themselves.
I am not suing HHFC. My complaint filed with the DOJ is at voluntary mediation levels at this point. At this point, several outcomes remain possible. HHFC could participate in the mediation talks and an agreeable outcome could be reached. Or, HHFC could decline participation in the talks, at which point the DOJ would determine if further investigation is merited, which couldlead to the DOJ filing suit against HHFC.
However, if my case is without merit, HHFC will decline participation and the DOJ will see no need to investigate further. And if any lawsuit does get brought against HHFC, it will be the DOJ bringing that suit, because it feels there have been legitimate violations. I am causing no one to frivoulously waste any time/money.
And what, in your opinion, would be the nature of the suit the DOJ would bring against the health club? Just as a hypothetical, what would that suit involve, since you yourself have admitted that they’ve broken no laws?
Im not an expert in ADA law, I can’t speculate with any degree of certainty. If they did bring a suit, obviously it would be an ADA-violation suit however. My (and others) comment that they may (or probably) not be violating any portion of that law comes as one not legally qualified to make such claims.
Everything you’ve done up until know that has involved the DOJ has been costing the tax payers of the USA money. Someone must pay for all that. I’m paying for that. You felt they did something wrong, you admitted that over and over…and over and over. Fine. You’ve since changed you’re mind. So you need to contact the DOJ and withdraw your complaint so you don’t continue to waste money.
The DOJ isn’t going to look around for something. They are going to specifically investigate the claim you made against the club. If that specific claim is found to be without merit, that’s going to be the end of it. They’re not going to say 'Ya know, while we’re here, why don’t we do a full inspection". For starters. As others have said, the law isn’t in effect yet, so no one is going to go to the club to inspect it. If it goes past mediation, they DOJ is most likely just going to tell you that they don’t have to abide by the law until a certain date (and possible even later depending on other circumstances). The way you worded this is similar to a judge letting someone off for speeding and then saying “Now, let’s see if we can’t nail you for something else…hmmmm, I have security camera footage of you rolling through a stop sign in a parking lot, that’ll be $75”.
Okay, so what started out as you not having a machine that you can use then turned into the machines have architectural barriers in the way of them and now you’re just hoping the DOJ will find something on their own.
That’s just not how this works. If you honestly, truly, believe they have violated a specific law, and you know what it is, then by all means, go forward with this. If not, then drop it. You’re wasting my money. But if you honestly feel that they have broken a specific law you need to read that laws first. It’s clear that you didn’t read that Safe Harbor Act very well as you missed at least two key points in it and that’s how this whole mess got started.
You can say anything you want to us. You can change you’re story 50 times. The only thing that matters is what you wrote in that first letter. It’s the only chance you get. Similarly you can’t sue someone for, say, physical abuse and then when you get to court say “Well, I don’t have any proof, but I’m pretty sure they were stealing from me so I’m going to go with that instead”
This is not true. If your complaint is without merit, HHFC still has to protect themselves against it. They will do this (are probably already doing this) by hiring lawyers to review the specifics of your complaint, assess their validity under the law, and prepare for the mediation session. This is exactly why the abusive litigants others have posted about in this thread are so reviled - there is no easy defense for a business; there is only expensive settlement or expensive litigation, plus the possibility of expensive changes to their facilities or equipment.
In fact, it’s quite likely that if the gym declines to participate, the mediator will have to automatically rule against them.
You are, in fact, causing both the DOJ and the gym to waste money on a complaint that has no apparent basis. And by your own words, you are doing this because you have a problem with one manager at the gym, not with the gym itself. That seems like vindictive lashout to me.
