Judge dismisses lawsuit against Sony by disabled gamer

A Judge has dismissed a case brought against Sony by a disabled gamer who claimed that people with disabilities were being denied access to Sony services. The gamer, Alexander Stern, had sued Sony Corporation of America, Sony Computer Entertainment America and Sony Online Entertainment because his visual processing impairments made it impossible to use video games created by Sony.

According to the complaint, "his visual processing impairments prevent him from fully enjoying the video games manufactured by Sony, some of which are played on gaming systems with internet connections through which players in different locations can communicate and play with or against one another."

The reference to "gaming systems with internet connections through which players in different locations can communicate" is essentially an argument that it qualifies as "public accommodation", which would be necessary for a discrimination claim under the Americans with Disabilities Act (ADA), Title III.

The court ruling denied that Sony services are a "place of public accommodation" and thus, cannot be held liable then for violating ADA Title III.

Written by: James Delahunty @ 28 Feb 2010 16:19

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18 comments

biglo30

That's good people are always trying to sue looking for a quick buck, paying video games is not a necessity and won't help you in life you get outta here with that bs lawsuit.

28.2.2010 16:31 #1

beanos66

isn't their some arse'ole american lawyer who bulkmails buisness premises claiming to be disabled and unable to gain access to said premises , and he's going to sue unless a "settlement fee" is paid ?

this is just more of the same, probly

p.s. i'm going to patent a control system to allow blind people to blow 9 shades of cak out of nazi zombies. I haven't thought how to do it yet, but I've had the idea and when sony or nintendo design it I will wait five years for it to become succesfull then I will Sue

28.2.2010 18:01 #2

embo22000

not on topic but newsss. So sony messed up with smething the older ps3 cant play newer games due to an error with psn. Error code 8001050f. I was just about to play heavy rain tooooo ahhh. oh well ill play god of war collection till they fix it.

28.2.2010 20:19 #3

mebjolz

..........

28.2.2010 20:50 #4

be9dod

Some of you people are the most insensitive a**holes..
I'm a Quadripelegic and can't play console games due to the controllers being non-adaptable for my injury..
There are people in this world that are less fortunate than having working hands and legs, and how else are we supposed to get the manufacturer's to comply with ADA?
There have been many times over the past 29 years I've been unable to access a business or do things "normal" people do because no one listens to us to put a 2 X 4 ramp in just to get up a curb.
If you disagree with me, spend a day in my shoes where you have to have someone help you do everything...
I didn't ask to be in a wheelchair
So stop blowing BS out of your pieholes and give us a hand for once instead of more obstacles...

28.2.2010 22:33 #5

Hopium

28.2.2010 22:52 #6

be9dod

Quote: Originally posted by be9dod: Some of you people are the most insensitive a**holes..
I'm a Quadripelegic and can't play console games due to the controllers being non-adaptable for my injury..
There are people in this world that are less fortunate than having working hands and legs, and how else are we supposed to get the manufacturer's to comply with ADA?
There have been many times over the past 29 years I've been unable to access a business or do things "normal" people do because no one listens to us to put a 2 X 4 ramp in just to get up a curb.
If you disagree with me, spend a day in my shoes where you have to have someone help you do everything...
I didn't ask to be in a wheelchair
So stop blowing BS out of your pieholes and give us a hand for once instead of more obstacles...

if i had no feet i wouldnt tryout for soccer, i'd buy a guitar. know your limits its not sony's problem That's always the problem no corporation or business ever accepts responsibility, it's all for the $$$$$$..

Yes i do know my limits and have adapted a lot of things to extend those limits, and no i wouldn't tryout for soccer idiot.. that is not a viable option, but playing console games is...

28.2.2010 23:05 #7

cyprusrom

Quote:Quote: Originally posted by be9dod: Some of you people are the most insensitive a**holes..
I'm a Quadripelegic and can't play console games due to the controllers being non-adaptable for my injury..
There are people in this world that are less fortunate than having working hands and legs, and how else are we supposed to get the manufacturer's to comply with ADA?
There have been many times over the past 29 years I've been unable to access a business or do things "normal" people do because no one listens to us to put a 2 X 4 ramp in just to get up a curb.
If you disagree with me, spend a day in my shoes where you have to have someone help you do everything...
I didn't ask to be in a wheelchair
So stop blowing BS out of your pieholes and give us a hand for once instead of more obstacles...

if i had no feet i wouldnt tryout for soccer, i'd buy a guitar. know your limits its not sony's problem That's always the problem no corporation or business ever accepts responsibility, it's all for the $$$$$$..

Yes i do know my limits and have adapted a lot of things to extend those limits, and no i wouldn't tryout for soccer idiot.. that is not a viable option, but playing console games is...
You know what, sorry for your pain, sorry for your losses, but enough bullshit is enough bullshit...Use your jedi powers instead of a controller.No, you don't now limits, obviously;pushing six buttons at once is not a piece a cake even when you have 10 functional fingers...
Building a 2x4 ramp on a curb and coming up with a console controller that is activated trough blinking, is not the same task.
Yes, I am an insensitive a**hole, and no, I wouldn't want to be in your shoes for even a day, I don't think I would have the strength to make it.

1.3.2010 00:37 #8

xnonsuchx

Originally posted by be9dod: Some of you people are the most insensitive a**holes..
I'm a Quadripelegic and can't play console games due to the controllers being non-adaptable for my injury..
There are people in this world that are less fortunate than having working hands and legs, and how else are we supposed to get the manufacturer's to comply with ADA?
There have been many times over the past 29 years I've been unable to access a business or do things "normal" people do because no one listens to us to put a 2 X 4 ramp in just to get up a curb.
If you disagree with me, spend a day in my shoes where you have to have someone help you do everything...
I didn't ask to be in a wheelchair
So stop blowing BS out of your pieholes and give us a hand for once instead of more obstacles...So companies are supposed to re-engineer or invent myriads of alternate solutions for each product they make for each disabled person's specific issues?

The ADA is arguably flawed...some of it makes sense, but some of it is utterly ridiculous. What the court decided here was right...that the ADA doesn't cover EVERY LITTLE THING a disabled person complains about. It also mentions "reasonable cost" for such accommodations, which things like ramps usually are. Some of the previous comments were rather crass, though.

1.3.2010 01:10 #9

cyprusrom

Quote:Originally posted by be9dod: Some of you people are the most insensitive a**holes..
I'm a Quadripelegic and can't play console games due to the controllers being non-adaptable for my injury..
There are people in this world that are less fortunate than having working hands and legs, and how else are we supposed to get the manufacturer's to comply with ADA?
There have been many times over the past 29 years I've been unable to access a business or do things "normal" people do because no one listens to us to put a 2 X 4 ramp in just to get up a curb.
If you disagree with me, spend a day in my shoes where you have to have someone help you do everything...
I didn't ask to be in a wheelchair
So stop blowing BS out of your pieholes and give us a hand for once instead of more obstacles...So companies are supposed to re-engineer or invent myriads of alternate solutions for each product they make for each disabled person's specific issues?

The ADA is arguably flawed...some of it makes sense, but some of it is utterly ridiculous. What the court decided here was right...that the ADA doesn't cover EVERY LITTLE THING a disabled person complains about. It also mentions "reasonable cost" for such accommodations, which things like ramps usually are. Some of the previous comments were rather crass, though.
Crass, sure, but not far from the truth...
Depending on the time of the day, some people might have a too low tolerance for lack of common sense.
You did put it much more eloquently though, with a lot more sensitivity.

1.3.2010 01:17 #10

Ragnarok8

YES, you have the right to mail them and request they make accommodating products
YES, you have the right to purchase products you want, or choose to boycott companies that you don't like
BUT NO, you can't sue corporations for not going out of their way to make an ENTERTAINMENT console suit your needs. these companies are trying to make money... how about finding another way to entertain yourself?

1.3.2010 01:20 #11

domie

There is a lot more that could be done to help disabled people , that's for sure but I don't think the ultra fast paced constantly changing video gaming industry is the place to start. Just educating those of us who are able-bodied to understand their needs and try to imagine their frustration at times would be a start.
However this lawsuit is an insult to all disabled people who struggle every day of their lives to adapt to the harsh realities of the modern developed world and the difficulties they endure just getting access to certain places or facilities.
I imagine the majority of them recognise this suit for what it is - a sick attempt to make a quick buck by exploiting the flawed legal that does them no favours at all but please don't use that as an excuse to criticise them or form a negative opinion becaudse they may have problems and issues with things that we do so automatically we don't even think about it and take it for granted like seeing and walking and crossing the street.

1.3.2010 03:21 #12

Josipher

Originally posted by Ragnarok8: YES, you have the right to mail them and request they make accommodating products
YES, you have the right to purchase products you want, or choose to boycott companies that you don't like
BUT NO, you can't sue corporations for not going out of their way to make an ENTERTAINMENT console suit your needs. these companies are trying to make money... how about finding another way to entertain yourself?
so im guessing NOT masturbation.. :P

1.3.2010 10:52 #13

SmOkM

im sure there's a viable business here, for making adapted controls or other bits a kit for certain disabilities.

so they can be enjoyed by someone who say previously loved them but had a terrible accident or even from birth.

I'm not sure the market is very big though , so its not sonys responsibility.

I can Imagen a dedicated company making such custom peripherals that would make a modest income. with gaming being more mainstream and widespread now.

and its a solid investment for a person that spends allot of time unable to do certain other activities.

but this case of suing sony obviously isn't a bid to do this, and is shallow.

public building access is a different story.

1.3.2010 12:00 #14

be9dod

Originally posted by Josipher: Originally posted by Ragnarok8: YES, you have the right to mail them and request they make accommodating products
YES, you have the right to purchase products you want, or choose to boycott companies that you don't like
BUT NO, you can't sue corporations for not going out of their way to make an ENTERTAINMENT console suit your needs. these companies are trying to make money... how about finding another way to entertain yourself?
so im guessing NOT masturbation.. :PWell that's out too, cos it don't work either :( so who do i sue lol

I did not mean that this suit wasn't pure BS that's taking things too far..
It was more directed at the first few comments...
YES I do know my limits for those who don't think so and i do find other forms of entertainment, but it would be nice if the companies would even just ask what it would take to adapt controllers etc.
Talk is cheap but the lawsuit defense for Sony i'm sure cost more money than spending a little time just to ask.

After all following my accident I went back to school, have a Master's degree, and worked 11 years before I couldn't anymore, It's not to brag on my accomplishments but just to let you know I sat my goals high and got there in the end.

I don't even care how society in all it's political correctness can't describe disabled, handicapped, physically challenged, or all the things without making someone cry foul.

Things are the way they are because one day I made a wrong split second decision, (haven't we all) and now I'm here as i sit being a gimp, I don't feel sorry for myself, blame anyone and I hate pity.
opps hope i wasn't politically incorrect in saying gimp don't sue me please lol

OK I'm off my high horse now.. Thanks for some of the good comments and they are appreciated by me and others I hope.

All of you have a nice day..
just listen and learn before you jump to conclusions, i'll be glad to educate you with words more than attitude..

1.3.2010 12:28 #15

SmOkM

Originally posted by be9dod: Originally posted by Josipher: Originally posted by Ragnarok8: YES, you have the right to mail them and request they make accommodating products
YES, you have the right to purchase products you want, or choose to boycott companies that you don't like
BUT NO, you can't sue corporations for not going out of their way to make an ENTERTAINMENT console suit your needs. these companies are trying to make money... how about finding another way to entertain yourself?
so im guessing NOT masturbation.. :PWell that's out too, cos it don't work either :( so who do i sue lol

I did not mean that this suit wasn't pure BS that's taking things too far..
It was more directed at the first few comments...
YES I do know my limits for those who don't think so and i do find other forms of entertainment, but it would be nice if the companies would even just ask what it would take to adapt controllers etc.
Talk is cheap but the lawsuit defense for Sony i'm sure cost more money than spending a little time just to ask.

After all following my accident I went back to school, have a Master's degree, and worked 11 years before I couldn't anymore, It's not to brag on my accomplishments but just to let you know I sat my goals high and got there in the end.

I don't even care how society in all it's political correctness can't describe disabled, handicapped, physically challenged, or all the things without making someone cry foul.

Things are the way they are because one day I made a wrong split second decision, (haven't we all) and now I'm here as i sit being a gimp, I don't feel sorry for myself, blame anyone and I hate pity.
opps hope i wasn't politically incorrect in saying gimp don't sue me please lol

OK I'm off my high horse now.. Thanks for some of the good comments and they are appreciated by me and others I hope.

All of you have a nice day..
just listen and learn before you jump to conclusions, i'll be glad to educate you with words more than attitude..as long as they dont include words like

"stop blowing BS out of your pieholes"

and "idiot"

as that stinks more of attitude.

1.3.2010 12:41 #16

be9dod

Originally posted by SmOkM: Originally posted by be9dod: Originally posted by Josipher: Originally posted by Ragnarok8: YES, you have the right to mail them and request they make accommodating products
YES, you have the right to purchase products you want, or choose to boycott companies that you don't like
BUT NO, you can't sue corporations for not going out of their way to make an ENTERTAINMENT console suit your needs. these companies are trying to make money... how about finding another way to entertain yourself?
so im guessing NOT masturbation.. :PWell that's out too, cos it don't work either :( so who do i sue lol

I did not mean that this suit wasn't pure BS that's taking things too far..
It was more directed at the first few comments...
YES I do know my limits for those who don't think so and i do find other forms of entertainment, but it would be nice if the companies would even just ask what it would take to adapt controllers etc.
Talk is cheap but the lawsuit defense for Sony i'm sure cost more money than spending a little time just to ask.

After all following my accident I went back to school, have a Master's degree, and worked 11 years before I couldn't anymore, It's not to brag on my accomplishments but just to let you know I sat my goals high and got there in the end.

I don't even care how society in all it's political correctness can't describe disabled, handicapped, physically challenged, or all the things without making someone cry foul.

Things are the way they are because one day I made a wrong split second decision, (haven't we all) and now I'm here as i sit being a gimp, I don't feel sorry for myself, blame anyone and I hate pity.
opps hope i wasn't politically incorrect in saying gimp don't sue me please lol

OK I'm off my high horse now.. Thanks for some of the good comments and they are appreciated by me and others I hope.

All of you have a nice day..
just listen and learn before you jump to conclusions, i'll be glad to educate you with words more than attitude..as long as they dont include words like

"stop blowing BS out of your pieholes"

and "idiot"

as that stinks more of attitude.Well I suppose it was attitude but playing soccer is more on the idiocy side and there a lot of pieholes that do blow BS.
Oh well that's life...

I totally agree with about a secondary market for specialized controllers etc, but have you ever been in a medical store to see the ridiculous markup of 60-70% and don't know if console market would be that bad, but would guess close to.
Always gotta pay to play i guess lol

Have a nice day

1.3.2010 13:11 #17

g_slide

maybe the kid who had disability should be doing something productive in his or her life instead of wasting time playing video games.

This is just a BS case and a waste of even my time for reading it. Sucks how people take advantage of things, I mean really a video game system, come on... why don't you go after the people who make chainsaws and say how it's not accessibility compliant for your special needs.

4.3.2010 18:50 #18

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