
Does Pokemon Go Have to Comply with the Americans with Disabilities Act? - keithrl
http://associatesmind.com/2016/07/14/pokemongo-comply-americans-disabilities-act/
======
dalke
Yes, they likely need to comply. But there are limited exceptions to these
laws, and the relevant question seems to fall into one of those exceptions.

For example, the Playboy Club was allowed to discriminate on the basis of sex
for its performers, because it has a "bona fide occupational qualification"
(BFOQ), and a church is allowed to discriminate on basis of religion when
hiring a pastor.

I don't know the ADA law, but reading up on it now, the relevant exception is
42 U. S. C. §12182(b)(2)(A)(ii) in the US code, at
[https://www.law.cornell.edu/uscode/text/42/12182](https://www.law.cornell.edu/uscode/text/42/12182)
, "... unless the entity can demonstrate that making such modifications would
fundamentally alter the nature of such goods, services, facilities,
privileges, advantages, or accommodations".

PGA Tour v. Martin (2001) is perhaps a relevant comparison. Martin was born
with a disorder that makes it very painful to walk. He wanted to use a cart to
go between the holes. The PGA argued that the fatigue of walking was part of
the sport of golf, and did not allow him to compete. The Supreme Court said
that under the ADA the PGA was required to let Martin use a cart to travel
between the holes, but that doesn't mean that all changes to the sport to
support someone with a handicap are required.

You can read the decision at [http://caselaw.findlaw.com/us-supreme-
court/532/661.html](http://caselaw.findlaw.com/us-supreme-court/532/661.html)
.

It comes down to what it means to "fundamentally alter the nature" of the game
or sport. If Pokemon Go is fundamentally about finding Pokemon characters as
they appear to occur outside, then there's no ADA issue.

As another way to think of it, the Boston Marathon must accommodate visually
impaired runners (like the 40 in [http://www.today.com/health/running-
blind-40-sightless-runne...](http://www.today.com/health/running-
blind-40-sightless-runners-competing-boston-marathon-1C9347529) ) because the
ability to see is not a fundamental part of running. However, they needn't
accommodate those with a fear of crowds, because running as part of a crowd
and with a crowd of onlookers is a fundamental part of the Boston Marathon.

Note that the key concern in the law about if a change will "fundamentally
alter the nature" was not mentioned in this essay. I think that is to the
detriment of the author.

------
em3rgent0rdr
Sad that some people can't access Pokémon. But also sad that we live in a
world where the government gets involved with this stuff. There are voluntary
ways to resolve this, either by a coalition of consumers and business that are
for accessible products.

But at some point a game needs to be hard in order to be challenging, so I
don't think lowering the difficulty is the best way forward. The Olympics have
a special olympics. But I don't think pokemon should be forced to make an easy
mode.

~~~
GFK_of_xmaspast
> There are voluntary ways to resolve this, either by a coalition of consumers
> and business that are for accessible products.

On the other hand, we have recorded history and can know what happened before
the ADA.

~~~
em3rgent0rdr
the ADA only came about after people started realizing there was a problem.

