THE SWANSEA MALL DISCRIMINATED AGAINST AN 11 YEAR OLD BOY DIAGNOSED WITH AUTISM, HIS FAMILY, AND SERVICE DOG BY ESCORTING THEM OUT OF THE MALL, FAILING TO PROVIDE ACCOMODATIONS, FAILURE TO PROVIDE SAFETY MEASURES, FAILING TO CONTROL THE MOB,AND ISSUING A NO TRESPASSING ORDER-
On Wednesday, August 17, 2011, the Jacobowitz family went to the Swansea Mall in Massachusetts, because their children were entered into a modeling contest. After the modeling event concluded, their son who is diagnosed with autism, did not want to leave the mall and began to tantrum. As Mr. Jacobowitz attempted to escort his son from the mall, along with his service dog, Herbie, a crowd gathered, accusing Mr. Jacobowitz of abducting a child and abusing his child. It important to note that Mr. Jacobowitz held his son under his arms and gently across his chest to safely transition him from the mall. A shopkeeper, approached Mr. Jacobowitz yelling and screaming, a man threatened to hit him with a newly purchased wrench from sears, and another man threatened physical harm to Mr. Jacobowitz. As he and his wife made it outside with their son and service dog, the angry mob followed them to the Mall’s parking lot. Several bystanders called the Swansea police. (See pics. aboe of couple harassing the family in the parking lot and calling the Swansea Police)
The family was harassed in the parking lot for about 10 minutes, Swansea security was nowhere to be found. The family was met by Rhode Island police officers upon arriving home, who performed a health and wellness check of the children and documented that the children were well and there were no signs of abuse. On Tuesday, 8/23/11, Mr. & Mrs. Jacobowitz returned to the Swansea Mall to make a return, the mall’s security officers did not approached them. Upon returning to the mall on Wednesday, 8/24/11, to return an item, they were approached by 2 Swansea Mall security officers- John Barreira and Nick Motta, who told them that we were trespassing and had to leave the mall based on the incident in which he abused his son a few days prior. The security officers told them to go to the security office to sign documents regarding trespassing, but never presented the documents. While making a purchase in a shoe store, Barreira and Motta were joined by Swansea Police officers Gary White and Sargent Lookee, Security supervisor, Debra Gagnon, and another man believed to be the director of mall security. They were escorted out of the mall with their service dog and told that if they returned, they would be arrested. Sargent Lookee told the Jacobowitzes that the no trespass applied to the Dollar tree, Price Rite, Toys R’ us, Walmart, and the entire Mall complex. They were told to contact Jason Huer of Carlyle Management. The Swansea Police asked Swansea Mall security why they did not place the Jacobowitzes under arrest on 8/23/11if the child was abused, the security officer replied that it was not quite abuse. Security was nowhere to be found on 8/23/11 while Mr. & Mrs. Jacobowitz escorted their son out of the mall and taunted by the crowd for more than 10 minutes. Not one bystander offered any assistance to the Jacobowitzes. They were banned from the entire Swansea Mall premises for 1 year. Assisting a child diagnosed with autism in transitioning from one area to another may not always look pretty, but sometimes is required to keep the child and others safe. Society still resists the sight of people with different abilities in places, such as, malls, theaters, and even churches. Although, many establishments are in violation of the American Disability Act and other laws affecting people that are differently abled, discrimination is still commonly practiced. Accomodations should be in place when a child has to be safely removed from an establishment, the parents should be assisted rather than threatened by the public and establishment.
Other citizens with physical and cognitive challenges have been humiliated, acosted, and threatened throughout the years by Swansea Mall Security Officers and the Mall's Management team who by no means are receptive to people that face different challenges. The following website shows the Mall's insensitivity:
The Traveling Wheelchair-http://thetravelingwheelchair.com/swansea-mall/;
Each year, several lawsuits are filed to bring awareness to the continued discrimination and failure to make appropriate accommodations. In the case of Maxson v. Abercrombie & Fitch, Molly Maxson, who was diagnosed with autism and 14 at the time, had been shopping for school clothes with her then-17-year-old sister at Abercrombie and Fitch's Bloomington store in August 2005. Her sister asked to accompany Molly into the fitting room, telling a store associate that her sister has a disability and cannot be left alone. The associate told the sister that corporate policy mandated that only one person be allowed in the fitting room at a time. He refused to let the sister accompany Molly, even when she provided information about the girl's disability. Abercrombie and Fitch lost its appeal in the disability discrimination case on Wednesday, several months after the retailer was fined $115,264. http://www.startribune.com/local/south/57918152.html?page=all&prepage=3&c=y#continue.
Anthony Pratti, a 7 year old autistic boy was thrown out of the movie theater at the Middletown Loew’s Cineplex at the Galleria Mall at Crystal Run in New York for laughing too loud.
In another case, Minnesota’s St. Joseph’s Catholic Church answered the question, “What would Jesus do?” They decided that Jesus would expel Adam Race, a 13year old boy diagnosed with autism from the congregation and legally ban him from entering the church. The church sent a strong message that the races would be arrested if they bought their autistic son to church. http://www.babble.com/CS/blogs/strollerderby/archive/2008/05/20/church-files-restraining-order-against-autistic-boy.aspx
We can only hope that societal views change to be more compassionate towards people with different abilities and that society becomes more willing to gain knowledge and challenge places like malls, movie theaters, churches, and others that discriminate.
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