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Disabled players sue Virginia Lottery

Virginia LotteryVirginia Lottery: Disabled players sue Virginia Lottery

Roger Winborne thought he was in luck recently when he found a winning $3 lottery ticket while walking his dog.

So he drove around Salem trying to find a convenience store where he could redeem the scratch-off ticket.

Winborne's luck ran out when he discovered that at least three stores in the area did not have a handicap-accessible parking space or access ramp.

Winborne, 51, and three other disabled Virginians filed a lawsuit yesterday against the Virginia Lottery for allowing such businesses to sell tickets.

"I kind of was surprised," said Winborne, a paraplegic who has used a wheelchair since the 1960s as a result of a spinal-cord injury. "You think of convenience stores as being convenient."

Winborne said he has seen many positive changes in accessibility for disabled Virginians. Now, he said, "I'm hoping to see the Lottery comply," he said.

The suit, filed in Richmond Circuit Court, also names businesses in Abingdon, Roanoke and Winchester that the plaintiffs claim are not in compliance with the Americans with Disabilities Act or the Virginians with Disabilities Act. In addition to the Lottery, Director Donna Van Cleave is named as a defendant. The plaintiffs are represented by the Virginia Office for Protection and Advocacy, a watchdog group that helps state residents with disabilities.

The suit does not seek damages but does ask the Lottery to repay attorneys fees and court costs. It was filed on the 15th anniversary of the Americans with Disabilities Act.

Yesterday afternoon, Jill Vaughan, the Lottery's director of communications, said: "We've just received the suit, and we're in the process of reviewing it."

A retailer-contract form on the Virginia Lottery Web site says all vendors must comply with the American and state disabilities acts.

Richmond Times Dispatch

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35 comments. Last comment 11 years ago by CASH Only.
Page 1 of 3
LOTTOMIKE's avatar - cash money.jpg
Tennessee
United States
Member #7853
October 15, 2004
11338 Posts
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Posted: July 27, 2005, 9:53 pm - IP Logged

sue the store,not the lottery....

    Tnplayer805's avatar - G 14_v78828750_Small.JPG
    North Dakota
    United States
    Member #13397
    April 5, 2005
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    Posted: July 27, 2005, 9:57 pm - IP Logged

    I Agree!

    How are you going to win if you don't play?

      Avatar
      New Mexico
      United States
      Member #12305
      March 10, 2005
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      Posted: July 27, 2005, 10:00 pm - IP Logged

      Or repeal the ADA and replace it with something that takes into account the country can't entirely bankrupt itself to accomplish the unaccomplishable, or tie itself up in lawsuits by the bitter, resentful victims of misfortune.

      I once spent a lot of taxpayer money making a building compliant with the ADA.  Happened to be a building that never once, over several years, was visited by a disabled person.  That's happened all over this country, but still there are a few businesses out there who aren't able to comply for one reason or another.  Sometimes it's simply the physical limitations of the structure.

      Time we took a fresh look at how we're gnawing ourselves to death with guilt and reparation over things we had no part in.

      Jack

       

        LOTTOMIKE's avatar - cash money.jpg
        Tennessee
        United States
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        October 15, 2004
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        Posted: July 27, 2005, 10:07 pm - IP Logged

        everybody has to have their rights these days....

        next midgets will be suing tall people....

          TheGameGrl's avatar - character catafly.jpg
          A long and winding road
          United States
          Member #17084
          June 10, 2005
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          Posted: July 27, 2005, 11:46 pm - IP Logged

          the facts are simple: Its a federal regulation. The plaintiff has a valid point. Granted I agree that the issue is with the store and NOT the lottery itself. technically speaking the plaintiff could go after every product manufacturer in these stores . After all...the lottery is a product being purchased.

           

          Other then that-I'd rather my tax money go towards improvements then towards bombs and warfare. One helps whilst the other destroys..go figure.

           

           

          ~~Is it true, Is it kind,Is it necessary. ~~~

           Thanks be to the giving numbers: 1621,912,119 02014


            United States
            Member #16612
            June 2, 2005
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            Posted: July 28, 2005, 12:00 am - IP Logged

            I agree with this.

              dvdiva's avatar - 8ball

              United States
              Member #2338
              September 17, 2003
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              Posted: July 28, 2005, 12:01 am - IP Logged

              It just sounds like another moron using the court system as a lottery and being an example of why more tort reform is needed.

                four4me's avatar - gate1
                MD
                United States
                Member #1701
                June 18, 2003
                8360 Posts
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                Posted: July 28, 2005, 12:21 am - IP Logged

                Think it's funny that people in wheel chairs can't get into certain places. Try sitting in one for a few days, weeks if you will then years. And after having spent some time in one realizing that you now are handicapped as well because you didn't put the shoe on the other foot.

                Suppose you went to a town that only served the handicapped and you couldn't get into any of the  the places because you weren't handicapped.

                  Tx_Mega_Player's avatar - spider
                  BIG D Texas
                  United States
                  Member #2539
                  October 16, 2003
                  148 Posts
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                  Posted: July 28, 2005, 1:12 am - IP Logged

                  Think it's funny that people in wheel chairs can't get into certain places. Try sitting in one for a few days, weeks if you will then years. And after having spent some time in one realizing that you now are handicapped as well because you didn't put the shoe on the other foot.

                  Suppose you went to a town that only served the handicapped and you couldn't get into any of the  the places because you weren't handicapped.

                  four4me,

                    I agree with you in that it's always best to try walking in someone else's shoes instead of judging them. However, in this case I think this is a scam. If the guy was walking his dog, then he was probably near his home. If he is near his home, he already has convenience stores that he would regularly go to. If anything, he probably passed up about 100 stores that were handicap accessible before he was able to find one or two that were not.

                    four4me's avatar - gate1
                    MD
                    United States
                    Member #1701
                    June 18, 2003
                    8360 Posts
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                    Posted: July 28, 2005, 1:39 am - IP Logged

                    Think it's funny that people in wheel chairs can't get into certain places. Try sitting in one for a few days, weeks if you will then years. And after having spent some time in one realizing that you now are handicapped as well because you didn't put the shoe on the other foot.

                    Suppose you went to a town that only served the handicapped and you couldn't get into any of the  the places because you weren't handicapped.

                    four4me,

                      I agree with you in that it's always best to try walking in someone else's shoes instead of judging them. However, in this case I think this is a scam. If the guy was walking his dog, then he was probably near his home. If he is near his home, he already has convenience stores that he would regularly go to. If anything, he probably passed up about 100 stores that were handicap accessible before he was able to find one or two that were not.

                    True they probably did go around until they found a places that weren't compliant. As the article states they went around on the very day the disability act was in acted found some places not compliant and did something about it.
                    Every state has activists that do that. for all kinds of causes.
                    On another note i was in a wheel chair for a summer about two years ago. I encountered numerous times when while in that chair i couldn't gain access to many places i needed to or would liked to have went. Non handicapped people occupied handicapped parking places in nearly ever place i tried to park. I'll never go to a state fair or festival again in a wheel chair should i find myself in one again. In fact i will probably remain a shut in with the exception of going only to places with access and doctors appointments. It's unbelievable how the walking dead treat people in wheel chairs. Many won't look at you talk to you or offer one bit of assistance when your in a situation where you might need a little help. You practically have to be falling out of the chair before someone will stop and lend a hand.
                    And i can forget about ever going to several of my favorite watering holes because they only have a few steps to climb but i ain't going to be able to climb any stairs or steps in a wheel chair. And they aren't going to build a ramp or chair lift for me or anyone else for that matter.
                      LOTTOMIKE's avatar - cash money.jpg
                      Tennessee
                      United States
                      Member #7853
                      October 15, 2004
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                      Posted: July 28, 2005, 1:58 am - IP Logged

                      thats the problem.people take life for granted until something bad happens to wake them up.half the people walking around depressed should just be glad they eat three meals a day and have two arms and two legs......

                        Avatar
                        New Mexico
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                        Posted: July 28, 2005, 7:03 am - IP Logged

                        thats the problem.people take life for granted until something bad happens to wake them up.half the people walking around depressed should just be glad they eat three meals a day and have two arms and two legs......

                        A true fact, Lottomike.

                        Jack

                          Avatar
                          New Mexico
                          United States
                          Member #12305
                          March 10, 2005
                          2984 Posts
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                          Posted: July 28, 2005, 7:32 am - IP Logged

                          Think it's funny that people in wheel chairs can't get into certain places. Try sitting in one for a few days, weeks if you will then years. And after having spent some time in one realizing that you now are handicapped as well because you didn't put the shoe on the other foot.

                          Suppose you went to a town that only served the handicapped and you couldn't get into any of the  the places because you weren't handicapped.

                          four4me,

                            I agree with you in that it's always best to try walking in someone else's shoes instead of judging them. However, in this case I think this is a scam. If the guy was walking his dog, then he was probably near his home. If he is near his home, he already has convenience stores that he would regularly go to. If anything, he probably passed up about 100 stores that were handicap accessible before he was able to find one or two that were not.

                          True they probably did go around until they found a places that weren't compliant. As the article states they went around on the very day the disability act was in acted found some places not compliant and did something about it.
                          Every state has activists that do that. for all kinds of causes.
                          On another note i was in a wheel chair for a summer about two years ago. I encountered numerous times when while in that chair i couldn't gain access to many places i needed to or would liked to have went. Non handicapped people occupied handicapped parking places in nearly ever place i tried to park. I'll never go to a state fair or festival again in a wheel chair should i find myself in one again. In fact i will probably remain a shut in with the exception of going only to places with access and doctors appointments. It's unbelievable how the walking dead treat people in wheel chairs. Many won't look at you talk to you or offer one bit of assistance when your in a situation where you might need a little help. You practically have to be falling out of the chair before someone will stop and lend a hand.
                          And i can forget about ever going to several of my favorite watering holes because they only have a few steps to climb but i ain't going to be able to climb any stairs or steps in a wheel chair. And they aren't going to build a ramp or chair lift for me or anyone else for that matter.

                          I agree with you and sympathize with those folks who happen to be afflicted.  I'm aware there are a lot of places they can't go.  I'm also aware the law requires them to be able to go anywhere anyone else can, and places the burden of making it happen on a lot of people and businesses who had nothing to do with the problem.

                          The law is uncompromising.  Even the US Forestry Service has gone to considerable trouble to make forest trails accessible and abandoned many in lieu of the possibility of being sued. 

                          In a restaurant in Las Cruces a couple of years ago I watched a man in a wheelchair, one of these activists, come in, look over the ground floor  accomodations, of which there were plenty, then ask how he was supposed to get upstairs (same as downstairs, but not accessible).... watched him make a scene, a big, loud one,...... the guy was obviously following a recipe book scenario.

                          I'm not saying there's not a lot of misfortune in life.  There is.  There are a lot of things that guy will never be able to do.  It's life.  We've chosen that particular ill to attempt to correct, among a forest of ills, and I suppose where tax dollars are concerned it's probably as good as any.

                          But to force some backwater diner business owners to undergo overwhelming expense converting their entrances and restrooms to be accessible in places where the physical limitations make it near impossible?  Shutting down forest trails?  Suing product manufacterers and lotteries because a handicapped person couldn't get access?  Depriving a population within a 50 mile radius of a place to buy a meal, a loaf of bread, a tank of gas  by forcing businesses who can't comply to shut down rather than be sued?

                          Absurd!

                          Life's hard.  Putting ones self into the shoes of a person who's handicapped isn't going to make it less hard for either of them.  Taking away from the everyone because some can't use it ain't going to help.

                          We've waved the bloody flag at trying to make it fair, though I suspect this particular law was created to ride in on guilt and keep a lot of shysters eating and drinking and buying fancy cars.

                          I don't much care whether those places where this one happened have to quit selling lottery tickets, but I think it's unfortunate. 

                          I have to drive down the mountain into Bernalillo to buy tickets seven miles from here.  When I asked the local guy who owns the little dirtwater convenience store/gas station why he doesn't carry PB tickets, he said, "Nothing but trouble trouble trouble!"

                          Now I understand part of the reason why.

                          Jack

                           

                           

                            Todd's avatar - Cylon 2.gif
                            Chief Bottle Washer
                            New Jersey
                            United States
                            Member #1
                            May 31, 2000
                            23260 Posts
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                            Posted: July 28, 2005, 7:41 am - IP Logged

                            Jack,

                            Very well put.  In fact, I believe all legislation created based on the guilt of the person who created it is bad legislation.

                             

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