A Billings retailer is under fire for its policy of banning strollers from the store after a 3-year-old with autism was prevented from entering the store.
Owners of Stones and Bones on the corner of 24th Street West and Broadwater Avenue say the policy's purpose is to protect against shoplifting, but disability advocates say the policy could potentially claims that it is discrimination.
The controversy became public last week on a Facebook community page after a family anonymously shared a one-star customer review from the store and claimed the owner yelled abusive language at them as they kicked them out. Ta.
Crystal Hamilton, co-owner of Stones and Bones, did not dispute the incident, pointing out that there was a sign on the store's front door that read “No Strollers Allowed.”
As the controversy spread online, disability advocacy groups around town joined in, including Laurel resident Kristen Jenkins. She said she and her 6-year-old son both have autism, and although the families involved don't know, this scenario sounds like something they've experienced.
“It's very frustrating,” Jenkins said. “That's quite difficult, especially for service dogs. Humans want to touch and feel, so it's very difficult.”
Jenkins said the post made her think emotionally about her past experiences.
“When I saw it, I couldn't scroll away,” Jenkins said. “I have the same son.”
Because the original post was anonymous, MTN News was unable to contact the families of those involved and had no way to send messages.
Hamilton told MTN he had nothing to do with the girl's disability. She claims her family never told her that her child was autistic.
“We've had large, expensive items taken out of stores in strollers,” Hamilton said. “Why do we have to incur losses? Why can't we protect ourselves from theft and shoplifting? Isn't that our right as business owners?”
Hamilton said there have been three separate incidents at the store where more than $1,000 worth of merchandise was stolen from the store using strollers. The business sells rocks and crystals, and the thieves were able to hide larger items in the stroller, she said.
The incident raised concerns that the policy violated the Americans with Disabilities Act (ADA).
Carlos Ramlo is executive director of Independent Living for Today and Tomorrow (LIFTT), a Billings organization that advocates for residents with disabilities. Ramlo said that if a stroller is used as a transportation device, it falls under the ADA.
“Strollers and wheelchairs are similar, but they are not the same,” Ramlo said. “In that case, it's a violation of the right to equal access. You're preventing the person in the stroller from living life to the fullest.”
Hamilton insisted the stroller was not being used as transportation and even provided surveillance video that clearly shows the girl walking into the store in his place. In the video, her family briefly speaks with Hamilton before leaving the store.
“She walked in fine. Her mother said she needed to be put in a stroller so she wouldn't touch things,” Hamilton said. She said: “She didn't mention anything about her autism so she told them they weren't allowed to bring the stroller and they left.”
MTN News is not aware of any formal complaints filed with the U.S. Department of Justice alleging violations of the ADA. Even if a complaint is filed, authorities may choose not to investigate unless there is a clear violation of the law.
A large part of the controversy stems from Hamilton's online responses to customer reviews, which read: “Wheelchairs are fine. Wheelchairs are not typically used as shopping aids. The sign says 'No strollers allowed.' It is written as “. That's true for you too, no matter how special you think you are. ”
Hamilton said she has no plans to change the store's policies, but did express regret about how she handled customer reviews online.
“I was pissed off by the one-star review,” Hamilton said. “My response was unprofessional. I could have done better.”
Since nothing has changed, Mr. Jenkins is committed to not visiting the company.
“I can't support a company that doesn't support people with disabilities,” Jenkins said.
