People not fit to dive

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In the amusement park tales, the behavior or characteristic that would make a customer unsafe or disruptive is apparent at the start of the event. It's an ovservable fact. In the case of a diver (young or old), the behavior that would warrant exclusion for safety reasons might not be apparent on the boat.

Agreed. That's why you need to see them try to get on/off the boat, see them underwater etc.

I don't think you can get away with excluding someone strictly for age when you can't demonstrate that they are factually unsafe. And you can't necessarily do that without letting them dive..

Agreed again.

Of course, an op could have a policy of excluding all people above a certain age.

I don't think that would be fair or meet my criteria of how one might diplomatically approach the issue of telling someone they were not fit to dive.

Then again, they'll be sued out of business before lunch can be served.

As to fumbling with the gear? Well, unless someone dives all the time, it may take a few seconds to clear out the cobwebs. Is that dementia? Prove it!

I can't. I'm not qualified to do so. I can only observe behaviours and speculate what is behind them.

It could be as simple as being distracted - a close family member died a couple of days ago. That kind of distraction. Or it could be the hotty across the deck; I know I would get distracted. I've been known to drool!

I think most people know when they are no longer able to dive. This just isn't a big issue. And, BTW, with the aging population guess which age group has all the money?

Richard
 
This was a very interesting read. I have CKD. Early last year I got very sick. In July I had a massive operation to save my kidneys. They had to cut me in half...from my belly button to my spine, all the way around. I now have limited feeling below this scar on my right side. They are pretty certain that I will probably not regain that feeling. I am not as strong as I was before however I am youngish and fit. I learnt to dive after the operation. I did so because I have always wanted to and the events leading up to this showed me I don't have forever and if I want to do these things I have to do them now. I found a fantastic LDS. I have a great instrutor. I am sure that there are some people who may feel like the OP when I am on a charter, but I alway dive with my own buddy and almost always with my original instructor. This is because I am not strong enough to walk around fully geared up. I gear up in the water and if there is some chop I require help. If there is no chop someone still needs to get my gear in the water for me. I also need someone to help me out of the gear in the water and to get my gear back on board. When diving the only limitation I feel is that my right fin kick is not as strong.

I don't think my limitations should stop me from diving. I love it!!
 
OK, I tell you what. Open a dive op business and refuse service to all passengers over 60 and see what happens.

Now lets see, I turn the drain plug COUNTER CLOCKWISE. :D I think they would be in for a case of bankrupt or woopass..:rofl3:

Gary D.
 
OK, I tell you what. Open a dive op business and refuse service to all passengers over 60 and see what happens.

OK. I tell YOU what. Keep giving BS advice with regard to the law and see what happens. :mooner:
 
I don't think you can get away with excluding someone strictly for age when you can't demonstrate that they are factually unsafe. And you can't necessarily do that without letting them dive. Of course, an op could have a policy of excluding all people above a certain age. Then again, they'll be sued out of business before lunch can be served. Richard

I'm not suggesting that any dive op discriminate on the basis of age. That's silly. I've seen older divers in much better condition than younger ones.

The argument is that a dive operator may refuse services to ANYONE that they consider to be a safety risk to themselves or other divers. Nothing more. They are simply not obliged to let anyone dive on their boats because of fear of a discrimination lawsuit.
 
Stormysea

My hat is off to you!! Glad to hear that you didn't let such a major event ruin your life, but turned it into something positive!!!!!
 
OK, I tell you what. Open a dive op business and refuse service to all passengers over 60 and see what happens.

OK. I tell YOU what. Keep giving BS advice with regard to the law and see what happens. :mooner:

OK kids, it's a matter of semantics. No one can legally refuse someone service because of race, color, creed, national origin, sexual orientation, or age (and probably a few other protected groups) but... if the discrimination is not based on membership in a protected group any individual can decline to do business with any other individual.
 
OK kids, it's a matter of semantics. No one can legally refuse someone service because of race, color, creed, national origin, sexual orientation, or age (and probably a few other protected groups) but... if the discrimination is not based on membership in a protected group any individual can decline to do business with any other individual.

OK - When I hit 70 I'm going to tell my operators that I'm a gay Muslim from Somalia - that ought to cover the bases.....yoo hoo!....lawyer!
 

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