A 10-year-old boy with prosthetic legs has received £2,500 after he was prevented from using a trampoline at an adventure centre.
In 2017, Zack Gordon, from Co Down, visited We Are Vertigo trampoline park in Belfast as part of a summer programme.
The boy, who was seven at the time, was told he could not use the trampolines and was offered other activities instead. He declined the offer because he did not want to leave his friends.
Zach and his family subsequently took a disability discrimination case against the trampoline park, with the assistance of the Equality Commission of Northern Ireland. The case has been settled for £2,500.
Patrick Gordon, Zack's father, said his son was left feeling upset and sad after the incident. He described his son's prosthetic legs as being made of plastic/fibre-glass with rubber feet.
"He went with the Killyleagh Summer programme to We Are Vertigo, where he watched the safety video and was given a wristband and socks for using the trampolines along with all the other kids," he said.
“Zack was then told he couldn’t use the trampolines. He was upset and sad and when he got home he stayed in his room. His mother and I were angry and hurt.”
‘Proactive duty’
Anne McKernan, director of legal services at the Equality Commission, said the Disability Discrimination Act includes a “proactive duty” requiring service providers to consider the needs of individuals with disabilities.
“Play is a vital part of growing up for all children and parents of disabled children will be keenly aware of the importance of focusing on what their children can do, rather than on what they cannot,” she said.
“Service providers should anticipate that those with a disability, both adults and children, will want to access their services and they should give thought in advance to what reasonable adjustments will help to ensure that their services are available to all.”
In settling the case, We Are Vertigo agreed to liaise with the Equality Commission in respect of access to its services for customers with disabilities and to make contact with the commission within 12 weeks of the date of the settlement.
It also agreed to implement any reasonable recommendations made by the commission.
In a statement, We Are Vertigo said that operating as a “responsible business” meant there were important safety protocols and considerations that had to be adhered to.
"In this case, at our former trampoline park in Newtownbreda, guidance from the manufacturers of the trampoline equipment and restrictions from our insurance company meant we were unable to provide access to the customer," the statement said.
High-adrenaline sports
“For safety reasons, we were advised that patrons with prosthetic limbs were not permitted to use the equipment; this is a known issue with trampolines and other high-adrenaline sports and adventure activities and not isolated to our facilities.”
The company said it was committed to ensuring its facilities can be enjoyed by people “of varying levels of ability”.
“We have gone to great lengths to provide access to our facilities to people with many disabilities, including weekly sessions for children and young adults with autism and other sensory conditions at our new inflatable parks.
“We welcome continued correspondence with the Equality Commission on our policies for access, whilst ensuring that we adhere to important health and safety guidance.”
