Chuck E. Cheese: Make your locations “fun for all” and comply with the American with Disabilities Act

The Issue

We are humbly asking that you will sign this petition to let Chuck E Cheese know that it is a violation of the American Disabilities Act to deny my disabled daughter and her father access to an empty women's restroom.

OUR STORY: My 9 year old, Marley Eschoe, was attending another child’s birthday party at a Chuck E. Cheese location in Georgia this May when her father, Mark Eschoe, who brought Marley to the party, was not allowed to take her into an empty women's restroom, when the men's restroom was occupied.

Marley, who suffers from lupus, had been recently released from a 3 month stay in the hospital after suffering her 2nd stroke in 8 months. She was using a wheelchair and needed assistance walking and going to the restroom. This was one of Marley’s first time out for an event after her hospital stay and our family was so excited for a fun day as we were still adjusting to our “new normal.”

Marley’s father, Mark Eschoe, was denied access to an empty female restroom and told he would have to take his then 8yr old daughter to the men's restroom regardless of it being overcrowded. Knowing that Marley needed to use the bathroom urgently, my husband even requested that a female Chuck E. Cheese employee who was exiting the restroom stand by the door while he took his daughter into the empty female restroom. That request was also denied by Chuck E. Cheese management. Mark informed Chuck E. Cheese management about Marley's medical condition and asked for assistance. The manager’s response was, “I don't care if she has special needs, I’m not going to treat her any differently from my other patron. I’m done with you.” Then, she abruptly walked away after threatening to call the police to have him removed.

Our family was shocked. We informed the national management of Chuck E. Cheese about our experience and the company said it would conduct an internal investigation. After months of “investigating” (which did not include reaching out to us), Chuck E. Cheese informed us that they stood by the local manager who they feel did nothing wrong.

But what Chuck E. Cheese hasn’t said is that not only was the way their employee handled this situation offensive and hurtful to a vulnerable child and her family, it was also illegal. The Americans with Disabilities Act (ADA) requires access to bathrooms for people with disabilities. We’re concerned that Chuck E. Cheese did not comply with the ADA -- and that other families will be affected by this attitude as well.

We don’t want any other family to have to go through what we went through. We’re asking Chuck E. Cheese to ensure that its locations across the country comply with the Americans with Disabilities Act and that staff are appropriately trained to handle these situations. Chuck E. Cheese says its a place for “fun for all” -- we’re hoping your company will make this motto a reality.

This petition had 127,100 supporters

The Issue

We are humbly asking that you will sign this petition to let Chuck E Cheese know that it is a violation of the American Disabilities Act to deny my disabled daughter and her father access to an empty women's restroom.

OUR STORY: My 9 year old, Marley Eschoe, was attending another child’s birthday party at a Chuck E. Cheese location in Georgia this May when her father, Mark Eschoe, who brought Marley to the party, was not allowed to take her into an empty women's restroom, when the men's restroom was occupied.

Marley, who suffers from lupus, had been recently released from a 3 month stay in the hospital after suffering her 2nd stroke in 8 months. She was using a wheelchair and needed assistance walking and going to the restroom. This was one of Marley’s first time out for an event after her hospital stay and our family was so excited for a fun day as we were still adjusting to our “new normal.”

Marley’s father, Mark Eschoe, was denied access to an empty female restroom and told he would have to take his then 8yr old daughter to the men's restroom regardless of it being overcrowded. Knowing that Marley needed to use the bathroom urgently, my husband even requested that a female Chuck E. Cheese employee who was exiting the restroom stand by the door while he took his daughter into the empty female restroom. That request was also denied by Chuck E. Cheese management. Mark informed Chuck E. Cheese management about Marley's medical condition and asked for assistance. The manager’s response was, “I don't care if she has special needs, I’m not going to treat her any differently from my other patron. I’m done with you.” Then, she abruptly walked away after threatening to call the police to have him removed.

Our family was shocked. We informed the national management of Chuck E. Cheese about our experience and the company said it would conduct an internal investigation. After months of “investigating” (which did not include reaching out to us), Chuck E. Cheese informed us that they stood by the local manager who they feel did nothing wrong.

But what Chuck E. Cheese hasn’t said is that not only was the way their employee handled this situation offensive and hurtful to a vulnerable child and her family, it was also illegal. The Americans with Disabilities Act (ADA) requires access to bathrooms for people with disabilities. We’re concerned that Chuck E. Cheese did not comply with the ADA -- and that other families will be affected by this attitude as well.

We don’t want any other family to have to go through what we went through. We’re asking Chuck E. Cheese to ensure that its locations across the country comply with the Americans with Disabilities Act and that staff are appropriately trained to handle these situations. Chuck E. Cheese says its a place for “fun for all” -- we’re hoping your company will make this motto a reality.

Petition Closed

This petition had 127,100 supporters

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The Decision Makers

Michelle Chism
Michelle Chism
Director, Corporate Communications, CEC Entertainment, Inc.
Responded
We are disheartened by the public mischaracterization of events that took place at an Atlanta Chuck E. Cheese’s on May 18, 2013. We are sorry for any hurt feelings that Marley Eschoe and her family may have had during this visit, but the facts have been misrepresented to the media and on the Internet. As a family entertainment leader known within the special needs community for our positive treatment of children and families, Chuck E. Cheese’s would like to be transparent about the events that actually occurred that day. First, the relevant video footage — showing exactly how the situation unfolded from start to finish — and a timeline of events is now available to the public and media here http://pitch.pe/19TZAlW. Second, the following is a list of publicized claims which the aforementioned video footage calls into question: • Marley was in a wheelchair while requesting access to the restroom. The video clearly shows Marley walking with her father to the restroom. • The women’s restroom was empty. The footage actually shows that the women’s restroom was not empty. • The men’s restroom was “overcrowded.” The footage actually shows that the men’s restroom was empty for just over one minute during the time Marley and her father discussed gaining access to the occupied women’s restroom. Third, we would like to state that the employee attempting to assist Mr. Eschoe and Marley is actually a member of the special needs community herself. In fact, prior to joining Chuck E. Cheese’s she worked for an Atlanta-based firm who helps those with disabilities find employment. Finally, Chuck E. Cheese’s recognizes the importance of the Americans with Disabilities Act and finds it very disheartening and intolerable that any child or adult would be denied access to the same quality care, concern and respect as any anyone else. Chuck E. Cheese’s will always strive to provide alternative accommodations for disabled individuals whenever possible. In addition, while we respect and acknowledge these sensitivities, allowing a male into a women’s restroom is rarely acceptable when it is occupied by female guests. Chuck E. Cheese’s appreciates and welcomes dialogue with our guests who help us maintain Chuck E. Cheese’s family values, and we would love to hear your feedback. Please email guestrelations@cecentertainment.com to voice your comments. Finally, and once again, we invite the family to contact us to respond to our efforts to resolve this issue. Detailed Account: We were able to determine from our investigation and store’s security footage that Mr. Eschoe and Marley both walked up and sought entry to the women’s restroom at 6:14:08 p.m. by speaking with a Chuck E. Cheese’s employee. The footage does not show Marley in a wheelchair as has been commonly reported. It was at that time the employee followed Chuck E. Cheese’s normal operating procedure and immediately paged her senior manager through her headset for approval before allowing a male to enter into the women’s restroom. Mr. Eschoe acknowledges this in previous statements to the media. Approximately 19 seconds later (6:14:27 p.m.), a female guest and her daughter passed between Mr. Eschoe, Marley and the employee to enter the women’s restroom prior to the senior manager’s arrival to the discussion at 6:15:02 p.m. She informed Mr. Eschoe that the women’s restroom was occupied at that time, and for the privacy of our female guests, she could not permit him to enter into the restroom until the guest and her daughter exited. Contrary to reports, and as evidenced in video footage, the male restroom remained unoccupied throughout this discussion. Two minutes after the initial conversation occurred (at 6:16:10 p.m.), a female family friend of Marley arrived to escort her to the women’s restroom at the same moment the female guest and her daughter who were occupying the restroom exited. Approximately three minutes later (6:19:14 p.m.) Marley and the female friend walked out of the restroom to resume the birthday festivities. As noted in previous statements, while accommodation options were being offered to the child’s father, a female member of the family’s party took the child into the women’s restroom before a resolution could be reached.
Michael H. Magusiak
Michael H. Magusiak
President, Chief Executive Officer and Director, CEC Entertainment, Inc.
Tiffany B. Kice
Tiffany B. Kice
EVP, Chief Financial Officer and Treasurer, CEC Entertainment, Inc.
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