Grandmother advocating for her Granddaughter with Cerebral Palsy, was told to leave a Shopping Mall because of the Wheels On Her Walker

Please read the following email account of what happened this week to my eight-year-old granddaughter who has cerebral palsy and tell me where I might find assistance in making sure no other handicapped child is subjected to this treatment by a Peterson Co. employee.

The following was shared by American Association of People with Disabilities (AAPD). 25 years after the ADA was signed and there is still so much work left to be done. Thank you, Mable, for your leadership and advocacy.

Ability Chicago Info supports Mable Duke for advocating  for her granddaughter, and all with disabilities, TY.

This was my initial email to the Peterson Co. representative:

Mable Duke
To: avanover@petersoncos.com Cc: Peyton Duke Amber Parnell
Action Required

Ms. Vanover,

My name is Mable Duke and I am the grandmother of Brianna Duke. She is eight years old and was born with Cerebral Palsy. I know you are well aware that yesterday while she was playing with her six year old cousin at the Virginia Gateway Plaza that she was told to leave repeatedly by a security guard under your supervision because of the wheels on her walker. She is not able to walk at all without her walker. Despite the fact that the babysitter and several bystanders tried to explain to the man that the “no wheels” rule applied to toys like skateboards and bikes (as pictured on the sign) not a device for the handicapped, a public scene ensued and my precious granddaughter who has endured much in her eight years of life was left in tears. I know you came and apologized. I know you made the security guard apologize. I’m sorry, that simply isn’t enough. I want to know what disciplinary measures have been taken against the security guard involved and I want to know what precautions have been put in place to make certain no other handicapped child has to suffer this treatment.

If I haven’t received a satisfactory response in writing from you within 24 hours I will be asking the Americans with Disabilities Act U.S. Department of Justice Civil Rights Division http://www.ada.gov/contact_drs.htm

, The American Association of People with Disabilities http://www.aapd.com/take-action/spea

 k-out/, and the Washington Post metro@washpost.com for assistance in making sure this never happens again.

Believe me, I’ve never been more sincere in my life.

Mable Duke

This is the initial response I received from a Peterson Co. representative.

Joanna Caputi
To: Mable Duke
Virginia Gateway

Dear Ms. Duke,

Thank you for your email. Please accept our sincerest apology for your family's negative experience at Virginia Gateway yesterday and any sadness that it caused your granddaughter. I can assure you that we have met with our Security team to review all fountain rules to insure that this does not happen again. We have specifically outlined with our team the policy on "wheels" in that area, which does not apply to any medical equipment or medical devices.

I would welcome the opportunity to speak with you or a member of your family directly. Please feel free to contact me at 703-227-0894, or if you would prefer to provide your phone number, I can contact you.

We would also like the opportunity to do something special for Brianna. If she has a favorite restaurant at Virginia Gateway, we’d be happy to host her and your family as our guest.

Thank you.

Joanna Caputi

JOANNA CAPUTI | Regional Marketing Director
12500 Fair Lakes Circle | Suite 400 | Fairfax, VA 22033
(P) 703.227.0894 | (F) 703.631.6481
PETERSONCOS.COM

This was my first reply to the Peterson Co. representative.

Mable Duke
To: Joanna Caputi Cc: Peyton Duke Parnell, Amber
Re: Virginia Gateway

Ms. Caputi,

Let me make something abundantly clear to you. I couldn’t be more insulted by your response. We do not want a free dinner. We do not want compensation of any sort. Period. What we do want is what I requested earlier. 1. We want to know what disciplinary measures have been taken against the security guard who acted with total insensitivity, ignorance and cruelty yesterday, and; 2. We want to know what precautions have been put in place to make certain no other handicapped person has to be subjected to this treatment again.

You have at best marginally addressed question number two and totally ignored question number one. That simply is not acceptable.

To give your company the benefit of the doubt, I contacted Ms. Vanover before I took any further action. This isn’t about trying to “get” something from you. It is about protecting our children and ensuring that all individuals, handicapped or otherwise, are treated with consideration, respect and dignity. The security guard involved in this incident is clearly incapable of doing so and I will do whatever is necessary to make certain no other young child is subjected to such an emotionally traumatic and potentially scarring experience by him.

Unfortunately you’ve left me to choice but to move forward with contacting the media and the agencies in place to protect handicapped individuals to ask for assistance.

Mable Duke

Then I received this follow-up email from the Peterson Co. representative.

Joanna Caputi
To: Mable Duke
RE: Virginia Gateway

Dear Ms. Duke

I am so sorry that my response was interpreted as anything other than sincere. We have taken the appropriate disciplinary measures and have reviewed with all security team members that our policy does not apply to medical equipment of any kind. I can assure you that we have taken this very seriously and have taken steps to make sure it doesn't happen again.

I welcome the opportunity to speak directly with you or a member of your family. I can be reached at 703-227-0894.

JOANNA CAPUTI | Regional Marketing Director
12500 Fair Lakes Circle | Suite 400 | Fairfax, VA 22033
(P) 703.227.0894 | (F) 703.631.6481
PETERSONCOS.COM

This was my final response to the Peterson Co. representative.

Mable Duke
To: Joanna Caputi Cc: Parnell, Amber Peyton Duke
Re: Virginia Gateway

Ms. Caputi,

It’s funny I should hear from you as I sit here preparing the information to distribute to the media and disability advocacy agencies. In reading your messages, I realize that I may have not been as specific as I should have been when telling you exactly what my family wants to see happen as a result of the treatment my granddaughter was subjected to by one of your employees. I will outline that for you now, this one time, as it is what I’m asking the media and ADA for help in attaining.

The security guard that yelled repeatedly “Can’t you read?” at the 24-year-old family friend and former au pair that was babysitting my granddaughters needs to be fired from his position. That same guard when asked who his supervisor was insisted belligerently “I am the supervisor!” until a bystander stepped in and rephrased the question and demanded the name of the company he worked for. This man does not need to be in any job where he is in a public position of authority and allowed to use his own judgment (or lack thereof). Your company training needs to be updated and a memorandum sent to all employees regarding disability awareness and sensitivity, along with properly identifying medical equipment and devices. We want documented proof of this. Finally, the sign in the promenade needs to be updated and clearly state that it DOES NOT apply to medical equipment. Please note that nowhere in this message or my earlier messages was there any request or desire for the “free lunch” you so insultingly offered, or any other kind of personal compensation. As a retired CEO I’m astounded at what lengths are required to simply get your company to do the right thing.

I will not be talking to you, Ms. Caputi, nor will any of my family members. A verbal response means nothing and cannot be documented. That’s why I asked you to respond in writing to begin with and it’s also why ADA legislation was passed and advocacy groups created. When people like you won’t do what’s right, people like me don’t have to fight that battle alone. Unless you can provide proof you have, in fact, already taken the actions as outlined above, then there is no further need of a response from you, written or otherwise. You can provide it later to the proper authorities when they get in touch with you.

Mable Duke