A man with a disability was banned indefinitely from the Vichy water park in Vilnius following an incident last September in which he soiled the premises. The decision to block the client’s membership has led to a formal warning from the Equal Opportunities Controller’s office regarding discrimination.
The Incident and Immediate Response
According to a complaint filed by the man’s father, the visitor experienced sudden stomach pains and attempted to locate a restroom. The father alleged that toilets in the shower and sauna areas were locked and that his son could not find a restroom specifically designed for people with disabilities.
Following the incident, the man’s father contacted the Vichy administration to apologize and requested that his son not be deprived of the opportunity to visit the pool. It was noted that the client and his father had been regular visitors to the park since 2007 without any prior complaints.
Conflicting Accounts on Accessibility
Representatives of the Vichy water park defended the ban, stating that the visitor severely violated internal rules and contaminated a large area. They argued that this posed a threat to the hygiene of the park and the health of other visitors, justifying the decision to bar the individual.
The park’s administration further claimed they were unaware of the visitor’s disability at the time. They also asserted that all toilets in the facility were unlocked, functioning, and clearly marked.
Findings of the Equal Opportunities Controller
Audronė Daukšaitė-Timpė, head of the Legal Group of the Equal Opportunities Controller’s office, stated that while the investigation did not find the toilets to be inaccessible or unadapted, the park failed to consider the vulnerability of the person with a disability.
The legal expert noted that the park offered no alternatives to the long-term visitors, even after the circumstances were explained. No effort was made to balance hygiene norms with the specific needs of the person with a disability.
„Lygių galimybių įstatymas numato pareigą paslaugų teikėjams užtikrinti tinkamų sąlygų asmenims su negalia pritaikymą, tačiau to net nebuvo bandoma padaryti. Taigi šiuo atveju vandens parkas nepagrįstai apribojo pareiškėjo galimybes lygiomis teisėmis naudotis paslaugomis“, konstatavo A. Daukšaitė-Timpė.
Recommendations and Future Outlook
The Equal Opportunities Controller’s office has issued a warning to the Vichy water park for discrimination based on disability. The facility has been recommended to re-evaluate the decision to ban the visitor from using their services.
the service was suggested to establish internal procedures for handling situations involving the needs of people with disabilities. This would involve performing an individual assessment of circumstances before taking disciplinary action.
As a result of these recommendations, the park may implement new internal protocols and could potentially restore the client’s membership.
Frequently Asked Questions
Why was the visitor banned from the water park?
The Vichy water park banned the visitor indefinitely because he soiled the premises, which the facility claimed was a severe violation of internal rules and a threat to hygiene and the health of other visitors.
What was the ruling of the Equal Opportunities Controller?
The office concluded that the park unjustifiably restricted the visitor’s access to services by failing to account for the person’s vulnerability and failing to attempt to provide reasonable accommodations as required by the Law on Equal Opportunities.
What changes has the water park been asked to make?
The park was recommended to re-evaluate the ban and to create an internal system for the individual assessment of circumstances when dealing with the needs of people with disabilities.
Do you believe public facilities should have individual assessment protocols for incidents involving people with disabilities?
