Elite Granite Club discriminated against autistic member, human rights tribunal finds. The club’s response to an incident in the changeroom with an able-bodied member led to a $35,000 payout. Column by ShreeParadkar
On Friday morning, Niam Jain, 20, looked closely at one of the dozen paintings hanging in his Scarborough art studio and casually made nicks here and there with a fingernail.
Since being diagnosed at age two, his family focused on making him independent with basic life skills such as changing clothes, showering, going to the movies. The decision released in December is “a wake-up call saying that you have to abandon some of the pre-existing and dated myths about disability,” said Brian Greenspan, a criminal lawyer representing the Jains.
A Granite Club spokesperson told the Star by email it is “firmly committed to providing an inclusive space to all members of our community and intends to fully comply with the steps outlined in the Human Rights Tribunal of Ontario’s decision.” He got undressed and headed for the shower. He also began to self-soothe with “stimming behaviours.” In distress, people with autism can engage in stimming or self-stimulatory behaviour that include rocking, hand-flapping, flicking fingers, making noises.
“This is not a case pushing the bounds of the law,” said Bhabha. “What’s so disappointing and demoralizing about this case is that my client had to go to such great extent and expense to have affirmed a really basic, simple principle” of disability human rights. Then there is shampoo and conditioner. Nina uses different-coloured bottles. Red is shampoo. Green is conditioner.
Nina proposed several solutions to the club, the tribunal found, including teaching her son to wear underwear while he went from the lockers to the shower and back ; having a separate bench for him with signage; awareness sessions for the staff and members. She said she would work on his hand movement.
Soon after this incident Jain painted a canvas that was different from the rest. It has red squares with black swatches in each one painted ferociously across, almost like constraints.
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