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MERRIMACK, N.H. (AP) – A teenager’s experience at a movie theater is raising questions about how federal law protects those afflicted with Tourette’s syndrome and the rights of a business to respond to its customers.

Jennifer Irizarry, 13, went to see “The Chronicles of Narnia” at Cinemagic on Dec. 26. Before the opening credits, several other movie-goers complained about her high-pitched squeaks and vocal outbursts.

She claims a manager led her to the lobby and threatened to eject her if she had another outburst. But theater management denies that she was asked to leave.

“What I told her was between me and her, but she wasn’t forced to leave,” said Jamie Pinard, the theater’s general manger.

Realizing that her condition would worsen under the stress of being singled out in front of her friends, Irizarry decided to leave. She and her parents accuse the theater of violating the Americans with Disabilities Act, but the law may not apply in her case.

According to the U.S. Department of Justice, protection under the law depends largely on the severity of the syndrome. Spokesman Eric Holland wouldn’t comment on Irizarry’s case, but said others with Tourette’s syndrome have won civil cases under ADA bylaws.

“However, not everyone with Tourette’s meets the definition of a person with a disability,’ because the condition may not substantially limit the person in any major life activity,” he said.

Mark Adam, president of Zyacorp Entertainment, which oversees Cinemagic, said he is sympathetic to Irizarry’s condition but defended the theater manager’s actions as “sensitive and appropriate.”

“The young girl was treated by our general manager with the utmost concern,” he said. “We allowed her to continue watching the movie. At no time was she asked to leave.”

Irizarry was diagnosed in 2000. At first, only her eyes fluttered. Then, she started making a high-pitched noise and repeating expletives she had overheard.

With medication, most of that behavior has subsided. Her parents said they hope their daughter’s experience will open the eyes of businesses toward others with Tourette’s syndrome.



Information from: The Telegraph, http://www.nashuatelegraph.com

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