Disabled rights activist sues Infineon Raceway over accessibility

By Bob Pockrass - Associate Editor
Wednesday, September 17, 2008

An activist for disabled rights has filed a lawsuit against Infineon Raceway, alleging violations of several California and federal laws.
 
Richard Skaff, a paraplegic who has worked in the San Francisco mayor's office on disabilities and currently runs a non-profit organization that educates businesses on accessible facilities, filed the lawsuit Sept. 8 in U.S. District Court in San Francisco.
 
Skaff alleges violations of the Americans with Disability Act because of alleged non-compliant seating, parking, infrastructure, ticketing procedures, restrooms and other issues.
 
"There are a lot of problems," said Skaff¹s attorney, Jordon Metz, in an interview Tuesday. "They need to be addressed. If they will work with us, we will help them just get everything corrected, and people who are in wheelchairs will have nothing but a great experience."
 
The allegations arise from Skaff's experiences attending the NASCAR Cup race in June 2007 at the track as well as the National Hot Rod Association event in July 2008. According to the lawsuit, Skaff met with the track¹s vice president of facilities in September 2007, but he alleges his issues were not addressed.
 
"Infineon Raceway is committed to providing our guests with disabilities an enjoyable experience while at our facility," Infineon Raceway President Steve Page said in a statement. "We believe our facility complies with applicable laws, and we will vigorously defend against these meritless claims."
 
Among the allegations:

• The track did not provide the required number of accessible, semi-accessible and companion seating. The handicapped seating was in the most expensive areas. The tickets were not offered in a variety of locations but are segregated in the front of the stadium seating, where the fences, handrails and persons walking in front of those result in an obstructed view. For those tickets at the top of the tower, the view was blocked once fans began standing.
 
 • Disabled parking is inadequate, with not enough space allotted to the unloading of a disabled person. The track did not provide accessible paths to and from shuttles, which did not run on a frequent schedule. The shuttles for those disabled individuals who did not use wheelchairs were not accessible by the standards required.
 
 • With few exceptions, Skaff alleges he was not able to independently access the displays and participate in activities in the concessions and vendor area. Many concession stands and vendor stands were mounted too high for him to reach.
 
• The ticket trailer was not accessible, he could not reach the ticket window and there was no disabled parking in the ticketing area. While most people could buy tickets online, Skaff alleges that for disabled seating, an e-mail had to be sent, and then he had to wait for a response before contacting the track about tickets.
 
• Restrooms have not been upgraded to be in compliance.
 
Skaff is asking for an unspecified amount of damages and for the court to order the race track to come into compliance. In addition to the track and parent company Speedway Motorsports Inc.  as a defendant, merchandise company Motorsports Authentics, which is owned by SMI and International Speedway Corp., is among the defendants.
 
"Our only intention is to sit down [with the SMI people], go through it, agree on what needs to be done, figure out a plan to get it done and make this a good experience for people who are unable to walk through the park," Metz said.

Comments

12 responses to "Disabled rights activist sues Infineon Raceway over accessibility". Post a Comment.
  1. 1
    STEVEN SPARKS said:
    Sep 17, 2008 at 10:29 AM

    I am a disabled person as well except I only need a cane to walk. Some complaints are not justified though. The shuttles are not buses they are courtesy cars and do not run scheduled runs to and from certain spots. Standing up is the norm at a track and will block the view of those seated persons.
    I have to say the tracks at Daytona and especially MIS were very helpful in my situation. I was able to park very close to stands, obtain shuttles very easily although at busy times there was a wait. That was understandable. Ordering tickets was no problem and seats were spacious. Numerous disabled locations were available at MIS and Daytona. My only complaint about MIS is that smoking is allowed in all areas and I am also allergic to smoke so that caused problems for me.

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  2. 2
    David Finley said:
    Sep 17, 2008 at 11:21 AM

    I smell a SKUNK! FYI: Infineon Raceway has a 99% POSITIVE disabled patron feedback rating regarding the assistance they provide for ALL the disabled patrons.

    Infineon provides a mighty fine shuttle service, ADA wheel chair buses, PLUS a cart service to and from the the designated handicap parking to ANY seats, all day long.
    Wheel chair seating is provided in ALL seating areas around this road course.

    The designated handicap parking is also staffed by local Sheriff to ensure proper documentation. At events such as Nascar and NHRA for example, handicap parking EXCEEDS 500 vehicles.

    I suspect Skaff smells an opportunity to offer his "service", "for a unspecified FEE". This is not about Infineons lack of provisions for the disabled, this is about Skaff wanting to make himself or someone he knows, money.

    I myself, am disabled, and I interface directly with handicapped patrons at ALL Infineon events, all day long, and have for 6 YEARS. On the RARE occasion a disabled patron complains to me, it is about the crowd and traffic conditions - I hear nothing but compliments on the disabled services and provisions Infineon and the shuttle/bus crews provide.

    Skaff, you stink. P.U.

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  3. 3
    Peggy Drazine said:
    Sep 17, 2008 at 3:46 PM

    Don't know about Infineon as I'm a midwesterner, but there are accessibility problems at ALL the tracks I've been to, which includes new ones. There are some great things, but at Kansas, for example, I have to get to the speedway around 6 AM to get a parking place on pavement so I can use my mobility scooter. Credentials are supposedly checked, but most are waved thru, not like at Chicagoland where they have police officers doing the checking. I'm not alone in that. At Chicago, there is a discrepancy in the numbering of handicapped seats/space for chairs, which makes me wonder if they have the legal number of them. I appreciate all the help I get, but I pay out big money and am often felt to be invisible. Mr. Finley, you may also be disabled, but you haven't had all the experiences there are to have there. You should know not to be so judgmental.

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  4. 4
    Anonymous said:
    Sep 17, 2008 at 3:46 PM

    I had the pleasure of visiting Sonoma (er, InfiNEON) Raceway just last month, on a Saturday when not much was going on except for a driving school.

    While I'm not a self-professed scholar when it comes to the Americans with Disabilities Act, I can say that the number of Handicap parking spaces as well as wheelchair access to all of the buildings and pathways I saw, were impressive.

    I'm with the above poster who says something here stinks - and it's not the track.

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  5. 5
    jim hucknall said:
    Sep 17, 2008 at 4:26 PM

    i am not disabled, but whats with the unspecified amount? seems that if he indeed does work where he says he does, he should know better. and he runs a NON-PROFIT ORG? non profit and unspecified amount dont add up on my calculator. sry pal your busted.

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  6. 6
    David Marks said:
    Sep 17, 2008 at 4:33 PM

    I am also satisfied by the services I receive at the tracks for many NASCAR events.

    I get to any track early to make sure I get a spot closest to the facility. Just because we are handicapped doesn't mean we should be able to arrive at the track just before the start of the race with a guaranteed parking spot. That is for people in the Skyboxes!

    I am impressed with Bristol’s new policy of getting a hang tag in advance. If you get your tag in advance you can get a spot close to the track. The rest of the handicapped parking is first come first parked. Just the way it is for everyone else.

    And as for the prices of tickets, if you can't afford the cost of the available handicapped tickets don't buy them. I have noticed that at many of the newer tracks the available handicapped tickets are in the most expensive areas because they are in the new sections with elevators.

    I cringe when handicapped people start complaining about arriving at 6AM or the prices of the tickets. It makes us all look like we expect something more than able bodied fans and then we all get viewed as a bunch of whiners.

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  7. 7
    Scott Hall said:
    Sep 17, 2008 at 10:42 PM

    As a disabled person who has had a seating issue and handicapped parking issue at a NASCAR track I can sympathize with this man and I hope he gets everything that he feels is due him and then some! I contacted the track president at the track I had problems at and was totally ignored so I went over his head and contacted NASCAR directly in Daytona. I told them of the problems I had experienced and I also cited the Americans With Disabilities Act and within 3 days I got a personal letter from Mike Helton saying he had contacted the track president directly and the issues I discussed were being addressed. He also said if I ever had any future problems at this track to contact him directly and he would see that things were handled to my satisfaction. Im far from a whiner but I do expect the same treatment anyone else would get and nothing less just becaue I happen to be sitting down. Hopefully this guy shows the big money track execs that us disabled folks know the score.

    Scott Hall

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  8. 8
    George Pallas said:
    Sep 18, 2008 at 10:23 AM

    I think this individual is the same guy who went around to 40+ Wineries in Napa, Sonoma and Santa Barbara county and sued them for Disbilities Act violations. Now he is trying to sucker money out of race tracks. give me a break.

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  9. 9
    Liz Thawley said:
    Sep 18, 2008 at 7:28 PM

    This sounds like the guy in Marin and Sonoma counties a few years ago who literally went door to door (to places he never intended to visit) looking for so-called violations. I'm sorry, but people at races will stand up in front of you whether you're handicapped or not. It's the nature of the sport. I certainly didn't file a lawsuit when my young son couldn't see because people stood up in front of him. I sympathize with people with disabilitites because I had a handicapped brother who is no longer with us, but I'm sick and tired of people who go shopping for lawsuits. This is not a perfect world, even for people without disabilities, so you should learn to pick your battles.

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  10. 10
    Janet Lyle said:
    Sep 18, 2008 at 7:35 PM

    My husband(who passed away 11/5/06)was handicapped with heart problems.We went to Lowe's(first time there)and they did have some areas that needed improved,like more sidewalks from camping to the track,he had to ride his scooter in the traffic lane sometimes.And they had NO shuttles or golf carts for transport.But I must tell you,all he did was talked to a track member and they were very nice and offered a discount to come back,well we went the following year and let me tell you,they had several handicap,regular,shuttles sponsored by Nationwide.And we had a chance to go to Talladega and they cater to the handicap. My husbands scooter broke down and they arranged for a wheelchair to be brought from outside the track.Here came a medical van.NO CHARGE for anything.So I know they do look into the issues.But I think Skaff is trying to throw his weight and position around.MR SUE HAPPY even if they fix the problems you still want money.

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  11. 11
    Tricia Dewey said:
    Sep 19, 2008 at 11:45 PM

    I, too, am disabled and have attended every NASCAR race at Infineon since 1999. I do not use a wheelchair, so I can not speak to those specific allegations, but I can address the parking, and I agree that it is unacceptable. The "handicapped" parking areas I have used include the main one, which you have to arrive at the track before 7:00 am on raceday to use, and an upper area, that is quite a distance from the track itself (shuttles are provided). Neither has real "handicap" spaces - they are regular sized spots with no accomodation for loading or unloadind a disabled person. I need to be able to open my door completely to get in and out, and once there are cars on either side, that is virtually impossible in either lot. On the positive side, Infineon does check credentials religiously, and they issue wristbands to the diabled individual and companion wristbands to his or her party. This give priority on all shuttles and works very well. One complaint about the shuttles is that they are required to stick to a designated area, and if you want to go outside the area your shuttle is assigned to, you have to transfer to another shuttle. Room for improvement, certainly, but not grounds for a lawsuit.

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  12. 12
    Richard Skaff said:
    Dec 15, 2008 at 3:51 PM

    I find it interesting and unacceptable that although I sent a response to the article's author (through this "leave a comment" system), Bob Pockrass - Associate Editor of SceneDaily.com, to date, my comments have not been added to this site.

    My comments included a statement about my concern that SceneDaily.com has allowed a number of individuals to make clearly incorrect and slanderous/libelous statements on its site. It's even more egregious that the site has apparently decided to not allow me the opportunity to respond to those outrageous statements.

    Richard Skaff
    Email: richardskaff1@gmail.com

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