Human Rights Syllabi: Institute of International Studies, University of California, Berkeley
Winter Session 1998 - TSIJHR 3I03
Wednesday 6:30 - 9:30 pm
OT/PT Building T-16, Room 131 Mary Tremblay
On June 26, 1988, Ms. Elliot endeavoured to go out to lunch with a friend. For no particular reason they chose to go to a restaurant located in the Village Green Plaza in the hamlet of Virgil, Ontario, within the municipal region of Niagara on the Lake.
Ms Elliot uses a motorized wheelchair and drives a van equipped with a lift device. The combination of these two pieces of technology give her a fairly high degree of independence and mobility despite her severe handicap. However, she required a wider than usual parking space. When she pulled into the plaza on the day mentioned she looked for such a parking space. It could have been either a space that was larger because of the geography of the parking area or a designated space for "handicapped parking."
Not finding the latter she looked for the former. There were no double spaces available that she could see. There was, however, a large entrance way that already had a car parked in it and she felt it would meet her needs and cause no harm to anyone else if she parked there and so she did.
Before she had a chance to leave the van a man appeared at the window and ordered her to leave. The man told her he was the owner of the plaza and said, "I don't want you to park here." Ms. Elliot pointed out that she was disabled and had stickers designating her vehicle as a special vehicle and the she could not park anywhere else as the spaces would not accommodate her. The owner replied. "I don't care, I don't want you here."
This case formed the basis of a recent Ontario Human Rights ruling. Copy of ruling is available from course instructor.
To the main description of class: Human Rights and Disability
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