Newport Accessibility Games

A friend informed me some people are supporting the new traffic plan on Spring St. on Americans with Disabilities Act grounds.  They say that closing off the street altogether makes it safer for persons with disabilities in that area.  They don’t realize that it creates the necessity to travel further by wheelchair to get places and it makes access to the courthouse even more difficult than it already is.

Let me explain my lack of enthusiasm for this “support”.

First, who is making this an ADA issue?  Everybody whose business is totally accessible (no excuses acceptable here), please step forward.  Nobody?  Everybody whose nonprofit organizations hold fundraisers only at accessible locations, show yourselves.  Hmmm.  Still no one.    Well then, surely, these are people who supported the Accessibility Advisory Committee when there was one and routinely support ADA issues.  Anyone?  Still no response.

So, the only other group I know consists of people who have no real ADA knowledge or commitment but who have other goals and hope that creating an ADA issue will help achieve them.  Ahhhh!  There you are!  We’ve met before. 

Some of you didn’t like the designer of Queen Anne’s Square, so tried to make it an ADA issue.  You yourselves owned businesses that were not then – and are not now – accessible.  Some of you objected to sidewalk seating at some restaurants but needed assistance in making that happen.  Call on the ADA!  Some of you wanted help with ordinances that enhance biking or wanted tree removal.  Make it an ADA problem to ensure success.

To those of you making the traffic pattern an accessibility issue, where were you when the Washington Square redesign demolished half the accessibility that existed before?  If you were concerned about access, why did it take fifteen years of fighting to get an elevator in City Hall?  And why did the lower Broadway project make the entire area inaccessible? 

I could go on, but you get the idea.

I know that whenever and however the traffic pattern issue is resolved, you will all go away.  Since the same people who designed Washington Square and lower Broadway oversee the Spring Street project, it will involve more bricks and cobblestones and other elements that make access dangerous or even impossible for persons with any mobility impairment and persons who are blind.  None of you talking about the traffic pattern will be there to object. 

So, call me a cynic.  I’ve earned the right. 

Every time I try to access a Newport business, I hear excuses about why it just cannot be accessible.  I’ve seen announcements of fundraisers held in restaurants and other inaccessible facilities.  I worked with the now defunct Accessibility Advisory Committee to educate city officials and city residents to change the city’s accessibility and attitude toward it.  I regularly get calls to make problems go away by turning them into ADA issues.

You can’t just play a single card in this game.  You need to sit in for the entire hand.

Excuses for Lack of Access

People don’t always recognize how inaccessible their businesses can be and how that discriminates against persons with disabilities. I know they don’t understand when they give excuses that don’t make sense.  Some of these excuses make me laugh until it hurts and others just make me shake my head.   Here are some examples:

During a survey of business owners, the question of accessibility was posed.  One business owner actually said that his business was accessible since the building only had one step to get into it!  Talk about no clue.  For someone in a wheelchair, that one step was as good as a steep cliff.  Access is denied. 

Another business owner said he wasn’t concerned since no one had come in to say he couldn’t get in.  Yes, that’s right.  (Read it again if you don’t get it.)  He somehow felt that if people could not get into the building, they would come in and tell him.  How?  Do people even think about what they say?

Another interesting response from a business owner was that he was not required to be accessible since he never said he was accessible.  How about if we apply that to other laws?  Suppose a policeman stops you for speeding.  Do you think that excuse would fly?  Try telling the officer that you were not required to obey speed limits since you never said you would.  While the officer may have difficulty writing that ticket at first because he would be laughing so hard, you can be sure there would be a ticket with a fine attached.  The same goes for any other law you break.  This is not a response that will benefit you.

When I recently complained to a business owner that I couldn’t attend several events that were held at his facility, he replied that two out of three of their facilities were accessible.  He then invited me to visit the accessible ones.  Somehow the fact that two facilities are accessible does not help when the event is at the inaccessible one got lost on the business owner.  Access to the events I was trying to attend was denied. 

When you fail to comply with the Americans with Disabilities Act, you are effectively putting up a “Keep Out” sign.  Actually, a sign can be ignored when the barrier cannot be.  Is keeping people out of your business what you really want to do?  Persons with disabilities make up the third largest market segment in the U.S.  I think that’s a lot of business to turn away.

Annette Bourbonniere

www.accessing-ability.com

Twitter:  @AccessInclude

Federal judge rules in favor of more accessible taxis

Hurray!  Advocates for persons with disabilities have been fighting with the city of New York regarding accessible taxis.  Now, a federal judge has ruled in their favor.  http://www.nytimes.com/2011/12/24/nyregion/taxi-fleet-in-new-york-is-inadequate-for-wheelchair-users-judge-rules.html

The resistance on the part of the city and its Mayor, Michael Bloomberg, has been both puzzling and annoying.  With the population of persons with disabilities growing, and a new fleet of taxis being commissioned, the city administration, led by Mayor Bloomberg, fought against making the new taxis accessible.  The new taxis were to have all sorts of amenities, including televisions, but it was deemed that they should not be accessible.

Advocates did not give up the fight and this decision was recently handed down.  Additionally, Governor Cuomo signed a bill that asks for a plan for more taxis to be accessible. 

Persons with disabilities comprise the third largest market segment in the United States.  Additionally, accommodations for persons with disabilities are frequently adopted by the general population as innovations.  So, it’s time to retire the argument regarding costs.  It’s an investment, people!

Annette Bourbonniere

www.accessing-ability.com

Twitter:  @AccessInclude

Are Charter Schools Discriminating Against Persons with Disabilities?

Charter schools in Florida and elsewhere are not admitting students with disabilities.  http://www.npr.org/2011/12/14/143659449/florida-charter-schools-failing-disabled-students.

While they claim they do not turn away students because of their disabilities, they do say they are not equipped to meet their needs.  Of course, then, one has to ask why they are not so equipped.  They are publicly supported.  Of course, not every public school is equipped for every student either, but students are more likely to have their needs met at most public schools. 

Part of the problem is that students with disabilities most often have Individualized Education Plans (IEP’s) and those IEP’s will not send a child to a school that cannot meet their needs. 

Some charter schools specialize in children with disabilities, but that is just another form of segregation and, unless it is really impossible to meet the needs of these students elsewhere, special schools are a giant step backwards. 

How widespread is this problem?  What are the solutions?

Annette Bourbonniere

www.accessing-ability.com

access-ability.verizon.net

Twitter:  @AccessInclude

Using iPads for Voting

Oregon has begun implementing the use of iPads to assist voters with disabilities. http://www.nytimes.com/2011/11/17/us/oregon-tries-out-voting-by-ipad-for-disabled.html?_r=1 Election workers bring the iPads to the voters’ homes or nursing homes, along with a portable printer.  Because there is the ability to enlarge the view for persons with visual impairments and because there is no need to be able to grasp a pen for marking the ballot, this use of technology has the potential to solve a number of problems for voters with disabilities.  Once the ballot is completed, it can be printed out and approved by the voter before mailing or being brought to election stations.  Screen readers can read back the ballot before printing for those who cannot see it to review it.

As more counties and states try this out, it is likely they will look at it as a way for other voters to cast their ballots as well.  Once again, an accommodation will become an innovation.

Annette Bourbonniere

www.accessing-ability.com

401-846-1960

Fax:  401-846-1944

Twitter:  @AccessInclude

Proposed New Rules for Federal Contractors

The Obama Administration has proposed new guidelines for hiring workers with disabilities that would require all federal contractors to set goals of having 7% of their workforce composed of persons with disabilities.

Certainly, this will add some muscle to the Americans with Disabilities Act, since it requires action which is stronger than the passive of not discriminating.  Of course, there will be the ever-present paperwork needed to document this effort and businesses will object to that, as they have objected to paperwork requirements of Affirmative Action and the ADA. 

Some other concerns include how to document this 7% since the ADA does not allow you to ask about disability.  That’s not quite true, though, is it?  AFTER a person is hired, it is allowed to ask disability related questions and, if the response is voluntary, this documentation can be accomplished. 

What I find exciting about these new guidelines is that federal contractors will have to document their efforts to recruit individuals with disabilities.  This outreach is crucial to all successful employment programs and needing to document it will ultimately lead to workforces that are more inclusive of persons with disabilities.

This will not resolve all the employment issues of persons with disabilities, but it is a giant step in the right direction.

You can read the notice of proposed rule-making or submit a comment at http://www.regulations.gov.  Comments will be accepted until February 7, 2012.

Annette Bourbonniere

www.accessing-ability.com

401-846-1960

Fax:  401-846-1944

Twitter:  @AccessInclude

Primary Care and Healthcare Access

Another healthcare issue for persons with disabilities is physical access. 

Physical access goes beyond ramps and elevators.  It includes restrooms, exam rooms and any other room or space that is ordinarily accessed by patients.

There are standards for all accessible bathrooms put out by the Federal Access Board.

More recently, this same Federal Access Board has published guidelines for accessible healthcare facilities.  These guidelines include adequate space between and in exam rooms, accessible exam tables, lifts, scales and other equipment.  Almost no healthcare facilities meet these guidelines.

Primary care providers are the ones who see persons with disabilities the most, since they are in charge of coordinating all the other care.  Yet, these very same providers are paid the least and so are least able to afford the equipment needed by persons with disabilities.  This puts all of us who need this type of equipment at a disadvantage.

This is one more reason that this country needs to address the issues related to primary care.  No healthcare system, managed care, fee-for-service, or any other configuration, will work until we can provide stable, quality, accessible primary care.

Annette Bourbonniere

www.accessing-ability.com

401-846-1960

Fax:  401-846-1944

Twitter:  @AccessInclude

Placing Blame Doesn't Work

Don’t you just love it when you find out that gaining your own civil rights puts everyone else’s in jeopardy?  The if-we-give-you-this-it-will-ruin-it-for-everyone-else attitude is alive and well.

I cannot count how many times this excuse is given when dealing with access issues.  How many times do we get told that, if accommodations are provided, the costs will be so high that everyone else will suffer?

A recent example is in New York City, where there is a civil suit filed by the U.S. Attorney’s office against the city because of the lack of accessible taxis.   Mayor Bloomberg claims that the suspension of accessible taxis is bad so other riders will be uncomfortable.  Shame on us for making others uncomfortable so that we can be included.

Another claim that the mayor has made is that it will raise costs because of the cost of the modifications and the increased gas costs.  There we go again, making costs higher for everyone else.  He insists that the drivers won’t like them because the larger size makes it more difficult for the driver to communicate with the rider, leading to lower tips.  We really kill the economy with that one. 

Bloomberg also stated that it is too difficult for wheelchair users to hail taxis and that drivers don’t want to pick them up.  Well, it’s good to know that he’s looking out for us.  Right.

If were not enough, Governor Cuomo also got on the bandwagon, stating that having accessible taxis could jeopardize allowing street hails in the burroughs and upper Manhattan. 

So, it’s really clear that we wheelchair users are a royal pain and will cause the collapse of the New York transportation system. 

Their solution is that residents use designated transportation.  Of course, that will not work for tourists visiting New York.  Separate but equal?  Go to the back of the bus?  Does anyone recognize this rhetoric as blatant discrimination? 

It’s time for people to recognize that persons with disabilities are real people, living real lives, contributing to the economy like everyone else.  This is not charity or compassion, but thinking like a smart businessperson.  Include us and you will benefit.  In this case, it would mean that those of us who use wheelchairs, whether as residents and employees or as tourists, add much more than we take.

In the meantime, it’s just great to know that we are to blame for all the troubles of the world. 

Annette Bourbonniere

www.accessing-ability.com

401-846-1960

Fax:  401-846-1944

Twitter:  @AccessInclude

The Roles of Design, Attitude and Quality Control

Comments from Niall 3

This is the third of a series of Comments from Niall. It is designed as part of a series that will hopefully raise awareness of the contribution that people with disabilities can make to the community

Design

This is the starting point to achieve accessibility and therefore inclusivity. Architects, interior designers, construction engineers etc.... These are the people that will create our future environments. Yet, how many of them are fully informed of the needs of people with disabilities?

I am certain that the vast majority of them want to get the best result that they could but lack of awareness about accessibility is the main barrier to their achieving a fully inclusive environment.

Attitude

To physically create a fully inclusive environment means little if the people that work in it, or the people that buy or live in it, are not committed to the belief that everybody is welcome. This need for a positive and indeed, creative attitude also extends to people with disabilities. Their awareness of the possible limitations to achieving a fully inclusive environment is vital if a truly harmonious outcome is to be reached.

Quality Control

This may seem obvious but there are many examples, that I have actually seen, where the best intentions of people trying to achieve inclusivity, have failed. The initial design was good, the building appeared to be broadly accessible but the actual building work was altered (due to perceived construction necessities) so as to render the final result of little use to people with disabilities. When the builders move in they are focussed on the main issues: will it stay up, are all the electrics and plumbing in the right place and will it pass the inspections to allow it to open. The needs of people with disabilities are sometimes not their first priority. And, yet, if the concept of a fully inclusive working, selling or living environment were accepted then accessibility would become automatic. Rather than be treated as an additional worry, the building would meet the needs of as wide a range of people as possible. Inclusivity would be part of the Mainstream.

How to Maintain that Inclusivity

Having achieved an inclusive environment it is then all too easy to lose it. For example, extra desks and display stands for products etc. spread onto clear routes and accessibility is then lost.

The next Comment from Niall will cover the ways to maintain Inclusivity and then promote it to all potential users.

Niall can be contacted at tarrell@btinternet.com

www.accessing-ability.com

401-846-1960

Fax:  401-846-1944

Twitter:  @AccessInclude

Taxi Please!

Why does it have to be so difficult to enforce the federal Americans with Disabilities Act?

In New York City, the city agency that governs taxis doesn’t think that having more accessible taxis is worth enforcing.  http://www.newmobility.com/articleViewIE.cfm?id=11939

Not only would requiring taxi companies to make all new taxis wheelchair accessible not cost the city a single dime, it would save the city significant money since it would reduce the dependence on the Access-a-Ride that is funded by the city.

So, what is the resistance?  This resistance is widespread and truthfully makes no sense. 

Businesses resist providing access since they never look at the benefits, only the costs.  But the truth is that state and city governments turn a blind eye to access issues on a regular basis also.  This blind eye is not only toward their own access responsibilities, but cities are consistently unwilling to enforce access laws in their communities.

A question that all state and city governments should ask is whether they would tolerate discrimination toward any other minority.  Or, would they tolerate businesses that put out signs saying that persons with disabilities are not allowed in?  If they would not tolerate discrimination toward other minorities or businesses that put out signs that verbalize their discrimination toward people with disabilities, they should not tolerate discriminatory actions or omissions.

Annette Bourbonniere

www.accessing-ability.com

401-846-1960

Fax:  401-846-1944

Twitter:  @AccessInclude

Just 2 Minutes

The most frequent excuse I’ve heard from someone illegally parking in accessible parking is, “I was only parking there for a minute.” 

Here is a short clip, filmed in Quebec, that will make you think before you do that again.  It’s in French with English subtitles.  http://www.youtube.com/watch?v=e9EYh_Tr_Sc&feature=youtube_gdata_player

It’s powerful and it speaks for itself.

Annette Bourbonniere

www.accessing-ability.com

401-846-1960

Fax:  401-846-1944

Twitter:  @AccessInclude

10 Steps to Access

When businesses think about becoming accessible, they imagine major reconstruction, complicated rules and huge expenses.  It doesn’t have to be that hard.  Here is a checklist of 10 things you can do to make your business more accessible and, at the same time, have the United States Government help you pay for it.

1.      Entrance – Any step over 3 inches needs a ramp.

2.      Doorway – At least 32” when door is open 90 degrees.

3.      Room between tables, racks or displays – 32” minimum

4.      Bathroom  Door – At least 32” when door is open 90 degrees. 

5.      Bathroom Stall – At least 32” when door is open 90 degrees.  A minimum of 60” turning space for wheelchairs.  Make sure door opens out.  Grab bars on at least one side of toilet.

6.      Bathroom sinks - Accessible height, soap and towels within reach.

7.      Fire safety - Flashing lights in the bathroom

8.      Communication – Provide alternate methods of communication for persons who are blind or deaf.  Staff must be trained to use alternatives.

9.      Advertise – Let people know you are accessible.  Include notice in all advertising.

10.  Attitude –Be welcoming of all customers.  Train staff to be welcoming as well.

Tax Credits – 50% tax credit per year for compliance with ADA.  PLUS – Tax deductions of up to $15,000.  Information can be obtained from either the IRS website (www.irs.gov) or the ADA website (http://www.ada.gov/) .

Use IRS form 8826 – Simple form.

Annette Bourbonniere

www.accessing-ability.com

401-846-1960

Fax:  401-846-1944

Twitter:  @AccessInclude

Access to Healthcare

For years, organizations have talked about access to healthcare for persons with disabilities. These organizations have really referred to financial access. Most insurance policies will not cover persons with disabilities and even those that do do not always provide the essential services that persons with disabilities need. The only alternative has been for persons with disabilities to impoverish themselves so that they become eligible for Medicaid services. But the access problem doesn't stop there.

The next part of access, and a very important part, is being able to get in the door. This is not as big a problem as it used to be, since most medical facilities understand that the law requires that they be accessible. However, getting in the door is still sometimes a problem and, even when it is not, access to healthcare still has a long way to go.

Once a person with a disability gets into the medical office, actually getting the same services that others get can be quite difficult.

In some offices, doorways to exam rooms and the bathroom are not accessible. A person who uses a wheelchair sometimes has to use a bedpan in an exam room. This is humiliating to say the least.

How many medical offices have an exam table that is accessible to somebody who cannot stand? How many offices have a lift so that somebody that cannot transfer can be lifted safely onto an exam table or have a scale capable of weighing a patient in a wheelchair?  How many offices have specific procedures in place for accommodating persons with disabilities? How many have had their staff trained on how to interact with persons with disabilities? If there is an accessible exam table, how is it scheduled? When is the contact made with the interpreter referral service when a person who is deaf schedules an appointment?

The federal Americans with Disabilities Act requires that healthcare providers provide care to persons with disabilities that is equal to what they provide to all their other patients.

When that happens, then healthcare will be accessible.

Annette Bourbonniere

www.accessing-ability.com

401-846-1960

Fax:  401-846-1944

Twitter:  @AccessInclude