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.
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 , "... 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.
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... ) 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.
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[ 2.5 ms ] story [ 17.1 ms ] threadBut 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.
But, the ADA is the law of the land. No getting around it.
On the other hand, we have recorded history and can know what happened before the ADA.
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 , "... 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 .
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... ) 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.