SACRAMENTO, Calif. (CN) — A deaf man who sued a Six Flags theme park over its failure to provide an American Sign Language interpreter prevailed in his case on Friday, gaining the chance to help shape the park’s policies going forward.
U.S. District Court Chief Judge Kimberly Mueller awarded Melvin Patterson $18,209.88 in actual damages and $36,000 in statutory damages. She found that the theme park denied Patterson accommodations after he requested them and that he felt humiliation and anguish over those denials. However, she ruled Patterson didn’t prove Six Flags intentionally denied him services.
Those denials by Six Flags Theme Parks, Six Flags Entertainment Corp. and Park Management Corp. violated the Americans with Disabilities Act and the California Unruh Civil Rights Act, Mueller wrote.
“Defendants blame Patterson for his difficulties,” the judge wrote. “They argue he did not provide Six Flags Discovery Kingdom with seven days’ notice before requesting an ASL interpreter. Defendants also argue that Patterson did not call the right phone number.”
“Corporate policies — like Six Flags’ seven-day notice requirement — are not the law,” Mueller continued.
Patterson’s suit stemmed from his 2021 purchase of gold plus tickets to Six Flags Discovery Kingdom in Vallejo, California. He asked for an interpreter before his visit, but never received a call back. Once at the park, he asked about an interpreter and was told to call a specific phone number, Mueller wrote.
Days later, he started “a long and frustrating march” through the park’s customer service department including a series of delays and dealing with multiple customer service agents.
In late August 2021, an agent told Patterson he needed to give the park seven days’ notice to get an interpreter. However, when he later made that request, an agent told him the park couldn’t provide an interpreter for him.
“In sum, over the course of three months, defendants ignored Patterson’s emails, directed Patterson to three different policies, gave him contradictory instructions, and never offered to provide an interpreter or other assistive device for upcoming visits to Six Flags Discovery Kingdom,” Mueller wrote.
The judge in her ruling pointed to faulty communication among park staff. One agent worked under the supervision of the person responsible for ensuring Six Flags complied with the Americans with Disabilities Act. However, there’s no record of them ever discussing Patterson’s request.
Additionally, Mueller wrote that employee training fell short. Six Flags employees referred to a written guide when asked about accessibility or safety. One employee was trained to only refer to the safety and accessibility guide for answers.
“Patterson proved at trial he was excluded from fully enjoying Six Flags Discovery Kingdom because defendants twice in June did not provide auxiliary services, whether an interpreter or handheld auxiliary device,” the judge wrote.
Representing the theme park, attorney Rudie Dane Baldwin argued to Mueller during trial that Patterson knew he needed to give seven days’ notice for an interpreter. Instead, Patterson bought his tickets without researching the park’s policy and then visited the park two days later.
The theme park also maintained that one employee telling Patterson that the park had no interpreter services was an error, not a violation of state or federal law.
Mueller wrote that it wasn’t Patterson’s responsibility to train park employees. Also, while he didn’t always call the correct number, he contacted at least eight park employees during summer 2021.
As part of the ruling, Patterson will play a role in developing policy for Six Flags. Mueller ruled that he will file a proposed injunction detailing that the defendants must make good faith efforts to provide sign-language interpreters, require staff training on complying with the Americans with Disabilities Act and handling interpreter requests, and perform regular audits on that compliance.
“This incredibly well reasoned decision reinforces the importance of ensuring that individuals with disabilities have equal access and opportunities to enjoy public spaces,” said attorney Andrew Rozynski, an attorney for Patterson, in a statement to Courthouse News. “Mr. Patterson’s case highlights the vital role of the ADA in promoting inclusion and ensuring that everyone, regardless of ability, can fully participate in shared experiences.”
Attorneys for Six Flags couldn’t be reached for comment.