Arcadia man says salon denied service over mobility scooter

ARCADIA, Fla. (WINK) — An Arcadia man is seeking answers and "common human decency" after he says he was barred from a local hair salon because of a mobility scooter.

William Baldy has lived in Arcadia since 1989. He told WINK Investigates that for the last 16 years, he has battled a rare form of arthritis that eats at his bone density, making it difficult to walk or stand for long periods. During a routine shopping trip at the Walmart in Arcadia, Baldy says his independence was stripped away at the SmartStyle salon located inside the store.

Baldy was using a motorized scooter provided by Walmart to do his shopping and decided to stop in for a haircut. However, he says the staff stopped him at the door.

"They tell me, you can't come in here on that," Baldy told WINK Investigates. "She said, that’s the new policy now... if you can make it to one of these chairs, we can take care of you, but they said I would mess up their new floors. That was her exact words.”

Baldy says he offered to go back to his home to get his personal wheelchair or use a walker, but claims he was told that if he couldn't walk in, they couldn't serve him.

"I didn't know what to say or do," Baldy said. "I felt defenseless".

The Franchise Response

Chief WINK Investigates Reporter Chorus Nylander reached out to Greg Janssen, the president and owner of the franchise group that operates the Arcadia location. Janssen says the issue isn't about discrimination, but rather a policy regarding Walmart’s equipment.

"We have a policy in place that says no Walmart carts can be allowed in our salons," Jansen explained, citing high demand for the scooters and safety concerns from the landlord. "The point is, he cannot ride the cart in, park it in front of a styling station and have his hair done while he's in the cart. It just violates our agreement that we have with Walmart".

Janssen maintains his staff would have accommodated Baldy if he used a personal wheelchair or walker.

A Conflict of Policy

While the franchise owner claims the policy stems from Walmart’s wishes, Walmart Corporate Communications told WINK Investigates a different story. In a statement, Director Kelsey Bohl said:

"The store was not aware of this issue... We don’t have a policy that states that customers cannot use the motorized scooters in tenant spaces. This seems like a SmartStyle issue".

Legal Perspective

Jeffrey Roberts, a disability representative, advocate and attorney for All America Social Security Disability Representation LLC, says "protecting the floors" is not a legal justification for denying service under the Americans with Disabilities Act (ADA).

"The electric scooters at Walmart... are ADA compliant," Roberts said. "It is illegal to bar him from access and services... certainly if the issue is reduced to cosmetics, one could easily put in a rug or a mat that would certainly disrupt or take away the prospect of the floor being scuffed up".

“It makes absolutely no sense for that guy to have been prohibited from that space,” he said.

Looking Forward

Janssen has apologized for any "misunderstanding" and says Baldy is welcome back to the salon at any time as long as he’s not in a Walmart-issued scooter.

For Baldy, the hope is that bringing this to light will prevent others from feeling the same isolation. "A rule or law is on the books for a reason," Baldy said. "You don't know until you walk in somebody else's shoes.”

If you have a disability and feel your rights are being violated, you are able to file an ADA complaint with the federal government here.