because she's saying well if she has someone along with her imprinting the ways that you know that she can do it she can become a better skier i guess but it also would facilitate her rehabilitation from a brain to be like she he was involved and it just happened in a rock climbing accident she appears to be a pretty athletic person that she likes to do that sort of thing but the question is this place doesn't they don't have any other the prohibition right so by letting her use the ski bike they fair breaking a rule that they have for everyone else you know how much of the duty you know is this i mean i hate to use the slippery slope in the legal sense when we're talking about skiing but in terms of she could ski without the speed bike but and they said ok but you know then they accommodate her and because she likes that better with  can she does that her period of time now she wants to be a better skier she is getting in training of the hills she is getting to ski but she'd like to do more she'd like to rehabilitate herself she'd like to do more and she'd like to have company although her husband's with her anyway he's done skis well then what is the next thing then and well but i want to have friends when i ski or you know i'd like to have my children with a ski you know i mean we're going to be i think th said you know they've got to be able to draw a line in the sand somewhere and accommodation isn't getting to do just be in the way that you you know exactly as you would want to over how do you answer those questions time i'm really concerned in terms of that she seems to want to define the conditions and then the next thing it's going to be something else and i'm even wondering if so the real chance will issue here is whether or not the risk is significantly increased by letting mr pollstar use the bike that is the question upon which there is an exquisite dispute fa reasonably accommodate her correct and they don't allow anyone else to write sixty five why you can't even if that's a disputed fact why can't they factor in the more advice they have out there you know why of the risk cases it's inherently dangerous to anyone without a disability why can't they factor that in and still have a reasonable accommodation make a determination about whether or not on our elements of our claimed we have established that the accommodation is reasonable and and that's the defendant has met program that uses the same slope that she would be skiing on by herself it's just a program she has to pay for that and the people that are that help her ar  and even though that seems to be part of your part of your client's point it's you can't really you know rehabilitate mentally and work on her you know her make it difficult for her to ski properly unless someone is actually demonstrating that and so that's the reason the cognitive issue comes in and she has to have her husband there or where you know how would employers now the that there's a council for bridge or submitted a supplemental citation with orders and three cases one of them is the fortune involving the question of whether or not a movie theater has to keep the seat next to the disabled person space or they put their wheelchair open so that the disabled person can have their significant other or their friend sit with them during the course of the movie and the issue and this court this court ruled a year ago that hardest thing for us to swallow with respect to the district court's decision is that we didn't have an opportunity to present all of the safety issues that that obviously are central  and one of them in order for her in order to see whether or not she could function on the ski back they gave her two lessons and after those two lessons determined that she could get down the hill safely on the out skiing with friends who were good skiers and my wife was a good skier and that's how i learned how to ski and i didn't have the pay for those lessons and i think that ellen's asking for the same kind of separation on the hill was certainly case just much more difficult because she has the she has a cognitive problem that makes it difficult for her to learn how to ski when someone's telling her what to do and her husband can go down the hill with her on his own skis and how or what to do but she's not improving she's not getting any better she's not getting any safer she's not enjoying it as much as she could as if she got better on it and the way that that  got a chance to look at as part of the record here and allow her the opportunity to ski under controlled circumstances with the instructor or the volunteer that this is the ellen murphy the plaintiff in this case a person on a ski bike for her to emulate and then it person on skis and the reason we need that person on skis is because at certain periods of time  and she will need to have the skeet the skin or volunteer come over and help her get out because she is weak on that side and can't get out all we want to do this to provide an opportunity for ellen murphy to enjoy this hill and to make sure that we can have control over the safety of everybody else on the hill as a result i don't think and i mean that's the long and the short of the fundamental alteration and fundamental alteration in is simply fundamental to that particular business that's involved and if it has it doesn't effectiveness you look at the effectiveness of the modification in light of the nature of the disability and the cost to the organization that will implement it that's to look to see whether the accommodation is reasonable that's not to look to see fundamental alteration issue i think that would be reasonable and let me tell you why because i've cited see you this this in n c the seventy seven standard that says everybody has to be able to get on and off the list safely their feather physical ability to do that and we allow her and people like her to come up there when they have somebody that's accompany she needs a little assistance getting up to the lift line she needs a little assistance getting turned around so she can sit on on the chair when it goes up and we think that somebody's doing that needs to have hands free as in a person that's a skier if the person has a ski bike in their hand and this is the problem that we've got into with her and her husband he wants to carry she to have her carry her ski bike  hands relatively free and we think that's necessary to do that this is all just kind of a struggle over you know this is a terrible thing that you guys have to deal with here because  somebody has got a good i don't have anything else if