The John Gore Organization owns and operates the Charles Playhouse, a theater in Boston, Massachusetts. Evelyn Castillo

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The John Gore Organization owns and operates the Charles Playhouse, a theater in Boston, Massachusetts. Evelyn Castillo has diabetes, a disability under the Americans with Disabilities Act (ADA). Castillo wished to purchase a ticket to see a concert at the Charles Playhouse.

However, upon visiting the theater’s website, she discovered that the theater had a policy prohibiting patrons from bringing outside food into the theater. This was an issue for Castillo; due to her diabetes, she must have specific types of snacks with her at all times in case her blood sugar drops suddenly. After reading the policy, Castillo decided not to purchase a ticket. Castillo sued the Organization, claiming that she was denied access from the theater because of her disability. In its response, the Organization pointed to Castillo’s claims that she had never visited the theater—or Boston, for that matter—in the past. Castillo claimed that she did not attempt to attend an event at the theater

“because she understood Defendant’s discriminatory policy and knew such an attempt would be futile.” Ultimately, the Organization moved to dismiss the claim for lack of standing. How do you think the court ruled? 

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Dynamic Business Law

ISBN: 9781260733976

6th Edition

Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs

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