Able-Bodied Privilege

[Gemme]

For those that don't know, I work for a hotel. This hotel has been here for almost 50 years, changing hands along the way a few times, and after all this time they still do not have the proper access for those on wheels or using canes and walkers. I mean, there have been some renovations done but the HA door to the lobby is.....well, not. Two entrances. One has a slight ramp leading into the back of our lobby area. This, the official HA door, is usually locked.

I know.

Sometimes during the day, it's open but it's always locked after dark. The other entrance has a fairly heavy door and there's no automatic door button for that one. I've suggested it; asked for it...but all the owners see (past and present) is the bottom line. What they don't see is a potential lawsuit and how much that would cost in the end not to mention that I just feel damn BAD when I see someone struggling with it. I get upset and annoyed FOR the guest because it should BE there already for them to use.

Honestly, I am genuinely surprised that we've passed inspections with a major brand with the layout like this. It really makes me wonder.

[SuperFemme]

Arriving in inconspicuous plain white envelopes, attorney Scott Johnson’s letters have some local businesses working frantically to avoid lawsuits.
And the letters are no scam.

Johnson, a quadriplegic, is an attorney focusing on compliance with the Americans with Disabilities Act (ADA) since 2004.

That’s the same year California raised the minimum fine per infraction from $1,000 to $4,000, Johnson said.

The attorney has sent letters to businesses in Sacramento, Roseville and Auburn during that time, according to news reports, and now Lincoln.
Johnson said he sends letters to businesses “wherever I go.”

Pete Alcala, owner of Ace Body Shop and Towing on G Street, received one of Johnson’s letters on April 13.

“I have really no clue why I got this,” Alcala said.

It is a form letter, stating that Alcala’s business is not in compliance with the Americans with Disabilities Act and asking that it be brought into compliance within 90 days. It also states that business owners “should not rely on city or county building inspectors, state lottery inspectors or non-existent grandfather clauses.”

The letter is signed by Johnson, with a contact address in Carmichael but no phone number.

Alcala said that at least two other area businesses also received letters.
A similar letter was sent about the same time as Alcala’s to Scott Swenson at American Home Realty, next door to Alcala’s shop.

“I didn’t know if it was a scam but my building was remodeled eight or nine years ago and I thought it was just a letter that had gone to every business in Lincoln and didn’t apply to me,” Swenson said. “I’m going to look into it a little further.”

Alcala didn’t wait.

Within days of receiving the letter, he contacted city of Lincoln Building Official Todd Cunningham, who pointed out some areas that were out of compliance.

Cunningham has no authority to enforce Americans with Disabilities Act codes as it is a national civil- rights act.

“We have no statutory rights to enforce it,” Cunningham said. “It’s (the business owners’) responsibility to know and comply with it.”

Even when new buildings go up, Cunningham said, they are typically only inspected for California’s set of laws regarding disabled access.
Cunningham said he is not currently qualified to pass any businesses on federal ADA guidelines.

That will all change in about a year with SB1608, a state law passed last year that will require specialists at local jurisdictions to know the federal guidelines and inspect businesses for compliance by sometime in 2010, Cunningham said. The time delay is meant to give inspectors time to get certified – a process Cunningham is currently going through.

“Essentially what this law is designed to do is you would call me, I’d come out and do an analysis of the building and could put a sticker on the window,” Cunningham said. “It’s designed to give you time. It’s just getting its legs.”

Cunningham said stickers issued by certified inspectors on the window would show that work to come into compliance is in progress and it would fast-track any lawsuits that arise.

“I voted for that bill last year,” said Assemblyman Ted Gaines (R-Roseville). “It allows for corrective action before litigation.”

After painting a disabled-parking spot and installing a new, wider door with Americans with Disabilities Act-compliant hardware, Alcala said he has spent about $700.

“If we don’t comply, I’m going to get sued,” Alcala said. “I can’t afford it. I firmly believe the city should be backing us. If we’re not in compliance, someone should let us know.”

Alcala, whose building was built 60 years ago, has been in business in the same location for 17 years. He said he wants to comply but he’s not sure who to turn to for help.

Johnson said his letters are not required and that he could file a lawsuit anytime he sees an infraction.

In response to questions over why his letters don’t include a list of the infractions, Johnson said he sends generic-form letters because, if he identified specific infractions, that would be all the business owner would fix and there may be more than he identified.

“Any time period that they need to do the modifications, that’s fine with me,” Johnson said. “They just need to keep me in the loop.”

Johnson said his intention is to bring businesses into compliance, despite some businesses’ claims that he is making a living off of it.

When asked how many letters he had sent to Lincoln businesses, Johnson merely replied, “several.”

“They’re the ones breaking the law,” Johnson said. “The ADA came in 1990. Why are they still in the Dark Ages? It’s unacceptable.”

Judy Guiraud, a Lincoln resident who uses a power chair, said that she appreciates the businesses that are in compliance and enjoys shopping in Lincoln.

With that said, Guiraud also understands what Johnson is doing.

"As a person who can’t get myself into most of the buildings in Lincoln, I have no problem with him," Guiraud said. “What Scott’s doing seems odious, but if people abide by the law, he would be out of business.”

Guiraud added that most businesses “probably want to be compliant and that the changes to come into compliance usually aren’t very expensive.”
Next week, Brandon Darnell will have a story about what steps should be taken to avoid a lawsuit on disability issues. He can be reached by e-mail at brandond@goldcountrymedia.com.

more info: http://www.ncd.gov/newsroom/publicat...arprogress.htm

[AtLast]

Originally Posted by Gemme

[COLOR="YellowGreen"]For those that don't know, I work for a hotel. This hotel has been here for almost 50 years, changing hands along the way a few times, and after all this time they still do not have the proper access for those on wheels or using canes and walkers. I mean, there have been some renovations done but the HA door to the lobby is.....well, not. Two entrances. One has a slight ramp leading into the back of our lobby area. This, the official HA door, is usually locked.

I know.

Sometimes during the day, it's open but it's always locked after dark. The other entrance has a fairly heavy door and there's no automatic door button for that one. I've suggested it; asked for it...but all the owners see (past and present) is the bottom line. What they don't see is a potential lawsuit and how much that would cost in the end not to mention that I just feel damn BAD when I see someone struggling with it. I get upset and annoyed FOR the guest because it should BE there already for them to use.

Honestly, I am genuinely surprised that we've passed inspections with a major brand with the layout like this. It really makes me wonder.[/COLOR]

Probably some kind of loophole having to do with when the original structure was built. Also, some goofy way of getting around the HC codes with what is existing. And you are so right with the bottom line! Most likely, people that need these accommodations just go to other hotels that suit their needs better and never make any reports/complaints. Also, my guess is that there are no differently baled employees or maybe ones that do not have mobility issues like some folks do.. the degree factor. No doubt, renovations for existing structure to make them accessible is expensive, but with some direct advertising to disability organizations, a pretty lucrative population can begin using that hotel! Every differently baled person I know always checks this out prior to travel. When I ask my friend with CP to do something with me, I find out about access of the place where an event etc. is being held before asking her. Now, I know a lot of places that she can either go to or not. My disabilities are not the same as hers, so I don't assume she can go to a certain location. Its all about awareness and sensitivity.

Something that has occurred to me too, is that many business owners, etc. assume that there are so few differently baled people that doing the HC renovations isn't worth it. But, this is really problematic as the reason that so many differently baled people become more home-bound or don't travel has to do with lack of access to begin with. I think businesses owners are missing out on a good stream of patrons with this thinking as well as just not giving a flying hooray.

Here, I have really been impressed with organizations like the B-F Socials taking access into consideration when they plan events and rent facilities. This is a more urban setting with good public transportation (with access) and an area that is politically conscious about such things. I know not everywhere is like this.

I am trying to design a ramp for my front porch entrance at my home so my friend can just zoom her chair into the house. She can get here via para-transit with her chair/scooter, but had to use her canes to get in the house. I bought my house knowing that future changes would have to be made for myself. Needed a one story, close to rapid transit and services. I knew that the work would be more expensive depending on some things like slope and number of stairs. So, I kept these things in mind when looking at houses. I know that when I need to remodel my kitchen and bath, I will have cabinets installed that are easier for me to reach and a shower without a tub to climb into. Actually, as someone mentioned, we are all just a breath away from becoming differently baled and we are going to age which can bring on some mobility issues. My late partner developed Parkinson’s and this was also part of the equation in buying my home as eventually, things would have to be renovated so that she could have easier access.

Nutty things happen. When my rheumatologist was moved to a new building within the medical center she is part of it was in a building on a hill in SF!!! There is a very unreliable cart service that patients have to include up to an extra hour or more for their visits in order to get a ride up the damn hill! My doc was incensed, but they also moved the cardiac )including heart transplant patients) docs there too! It is insane and in a medical group attached to a major teaching hospital!

[Gemme]

Originally Posted by Andrew, Jr.

Your employer can write you up, but you do not have to sign anything as an employee. It is a he said/she said kind of thing. It really boils down to the law. If they want you out, they will find a way. Now that Obama is in the WH, we will all see if this law is finally ended for good.

Andrew, each state handles these things differently. I've been involved in firing someone that really, really had to go (it was poor workmanship, not abilities, and us losing revenue because of her that was the deciding factor) and it took us months before we could get the proper paperwork filled out and everything documented in accordance with the law and, yes, she had to sign every write up along the way. The laws do vary widely across the U.S.

Originally Posted by AtLastHome

Probably some kind of loophole having to do with when the original structure was built. Also, some goofy way of getting around the HC codes with what is existing. And you are so right with the bottom line! Most likely, people that need these accommodations just go to other hotels that suit their needs better and never make any reports/complaints. Also, my guess is that there are no differently baled employees or maybe ones that do not have mobility issues like some folks do.. the degree factor. No doubt, renovations for existing structure to make them accessible is expensive, but with some direct advertising to disability organizations, a pretty lucrative population can begin using that hotel! Every differently baled person I know always checks this out prior to travel. When I ask my friend with CP to do something with me, I find out about access of the place where an event etc. is being held before asking her. Now, I know a lot of places that she can either go to or not. My disabilities are not the same as hers, so I don't assume she can go to a certain location. Its all about awareness and sensitivity.

The hotel has been here for almost 50 years, so I am sure there is some sort of grandfather clause for certain things. I am still very frustrated with them because they see that it can be an issue for some folks, but they just aren't connecting the dots yet and doing something about it.

[Andrew, Jr.]

The invisible disabilities are the ones that society, and the general public tend to ignore. If you can't see it, then it isn't there kind of attitude. Growing up in the 60's it was the same. If you can't see it, it is not there. Kids were just passed along to get them out of their classroom. That is what happened to me. It didn't matter if I understood the work or not. It didn't matter if I did the homework or not. Nothing mattered. I didn't matter. I was taking up space. That is how I see it. And that is how it felt to me to grow up with learning disabilities, and neurological disorders. I was given a label, and judged. Nobody took the time to find out what the problem was. Not a soul. What is inside my mind rarely comes to light. Now, I have to say the computer is a gift. It is my only link to most people. That is why when my father felt safe abusing me, he thought that his evil deeds would be sealed forever. No. I exposed him for what he was. The damage is done, and the trauma is overwith. Life goes on.

[AtLast]

Originally Posted by Andrew, Jr.

The invisible disabilities are the ones that society, and the general public tend to ignore. If you can't see it, then it isn't there kind of attitude. Growing up in the 60's it was the same. If you can't see it, it is not there. Kids were just passed along to get them out of their classroom. That is what happened to me. It didn't matter if I understood the work or not. It didn't matter if I did the homework or not. Nothing mattered. I didn't matter. I was taking up space. That is how I see it. And that is how it felt to me to grow up with learning disabilities, and neurological disorders. I was given a label, and judged. Nobody took the time to find out what the problem was. Not a soul. What is inside my mind rarely comes to light. Now, I have to say the computer is a gift. It is my only link to most people. That is why when my father felt safe abusing me, he thought that his evil deeds would be sealed forever. No. I exposed him for what he was. The damage is done, and the trauma is overwith. Life goes on.

Andrew, thank you. Invisible disabilities are so misunderstood and marginalized. Your description of how the school system failed you is the story of so many people that go on for years not knowing what the hell is wrong. And getting any help. Anything neurological and in the learning disabilities areas remains cruelly neglected.

What you bring up about people not recognizing how someone could be differently-abled just because there is no outward physical indication happens continually and causes a lot of pain.

When I saw the thread here about neuro-diversity, I was so jazzed because I saw people empowering themselves by saying we are here, and if you want to understand us.... here it is...

[AtLast]

If anyone has any insights into dating and dealing with having a disability.. please post!

I re-entered dating not only as an older butch, but with my arthritis now resulting in different limitations concerning chronic pain. I am finding this too really be a factor in my selection of who I ask out. The major shift is about once being a very physically active woman and enjoying sharing this with a partner/person I am seeing and now just not being able to. And my disabilities are not always visible. Its like I present as this athletic-bodied person and know I have to be honest about how and what I really can do. Often, the person I am wanting to date (or am dating) can't deal with this discrepancy... or, just can't belive it.

It can be very telling when I initially meet someone in a fairly pain-free state without a lot of stiffness or the fevers, fatigue, puffiness, flu-like symptoms of RA and when the osterarthritis is being nice to me- then see them while not moving so well! It is obvious that the possible attraction lights are in fade mode.

I know there is still some self-denial going on, yet listening to my pain/body is essential for my well-being. But, I find myself struggling with this along with all the other dating stuff that comes up. JeepSakes, as if it isn't difficult as it is!

[Andrew, Jr.]

AtLastHome,

Be honest, and open with your date. Tell her that you are stiff, and hurting, and not up for a game of tennis or golf. How about going to a movie instead? Communication is key. Be positive. Take your meds. Maintain a healthy diet. Stress and worries add years onto your life and how you feel. Don't make mountains out of ant hills. You know what I mean?

I just struggle with oral communication. Words tangle me up. Sometimes it is best to just hold hands and snuggle or to go out on a picnic overlooking water or a stream.

I wish you luck!