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Americans with Disabilities Act under serious attack

zzz

Senior Member
Messages
675
Location
Oregon
From HuffPost:

The GOP Wants To Gut The Americans With Disabilities Act

And from NBC News:

The GOP's H.R. 620 will gut the Americans With Disabilities Act, pushing disability rights back to 1989

From the NBC News article:
Currently under the ADA, if a business is found to be in violation of the ADA — say, its entrance is not wheelchair-accessible — the disabled person barred access can file a lawsuit to get the business to comply. H.R. 620 would instead require a disabled person to file “written, technical notice” (usually requiring a lawyer), wait 60 days for a response, then wait 120 more days to see if “substantial progress” is made on remedying the violation, before the issue can even be brought to court.
H.R. 620 pushes the clock on disability rights back to 1989, making violating the ADA virtually consequence-free. If passed by the Senate [it has already been passed by the House], businesses will soon be able to wait until they get complaints to even consider accessibility, just as they did before the law existed. Andy why not? There is no reason to think ahead. Why would a business voluntarily put in a ramp or elevator when it can just hang around and see if it receives a complaint, then wait another six months before even beginning to make progress toward building it? Meanwhile, disabled people would have to wait months or even years for access to places and services.
At best, such a change could prevent disabled people from traveling, shopping, eating out, going to the movies and socializing with friends and family. At worst, it is life-threatening. What if not malls, but schools, doctors’ offices, and hospitals are the businesses in noncompliance? 180 days is an entire school year lost. One cannot wait six months to go to the doctor, or the ER, or birth a child; one cannot give written technical notice to a fire and ask it to wait until someone gets around to installing an accessible emergency exit or flashing alarm.
 

Gingergrrl

Senior Member
Messages
16,171
This is horrible but I cannot say that I am surprised. I have learned in the last four years that the world was not created for people using wheelchairs. I have had many experiences (including a recent visit to a skilled nursing facility that we were going to tour for my mom) that had no elevator or wheelchair ramp so we left and chose a different one. It was truly bizarre. I find many places that are out of compliance with ADA law now and can only imagine how much worse it will get in the future.
 

*GG*

senior member
Messages
6,389
Location
Concord, NH
I find many places that are out of compliance with ADA law now and can only imagine how much worse it will get in the future.

Huh? More places will be built to be ADA compliant in the future. The costs are to high for some places to put in ramps, its just not economically feasible, but if you want to Make people do this, just so they can make 10 cents off of your purchase, don't be surprised when businesses shut down or never open to begin with, especially with existing older structures.

GG
 

Gingergrrl

Senior Member
Messages
16,171
Huh? More places will be built to be ADA compliant in the future. The costs are to high for some places to put in ramps, its just not economically feasible, but if you want to Make people do this, just so they can make 10 cents off of your purchase, don't be surprised when businesses shut down or never open to begin with, especially with existing older structures.

I honestly don't know if you are being serious or if you are fucking with me but it is not funny. I have used wheelchair for four years and you have no idea what I have experienced. My mom is dying of terminal cancer and my family toured six skilled nursing facilities in one day and one of them did not have an elevator or a ramp to enter the building and had two flights of stairs and this was a nursing home! If we had chosen it, they would have gotten hundreds of thousands of dollars from my mom's insurance, I do not know what you are talking about re: a 10 cent purchase.

I was a social worker for 16 years (prior to getting ill) and lost count of the places that my clients could not go b/c not accessible under ADA law and then I experienced myself. I cannot climb more than two stairs with my absolute best effort. I had an appt last year to take my step-daughter somewhere for her birthday and it was not wheelchair accessible so I was not able to go with her and she had to go in by herself. I have lived this and am guessing that you have not.
 
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*GG*

senior member
Messages
6,389
Location
Concord, NH
I honestly don't know if you are being serious or if you are fucking with me but it is not funny. I have used wheelchair for four years and you have no idea what I have experienced. My mom is dying of terminal cancer and my family toured six skilled nursing facilities in one day and one of them did not have an elevator or a ramp to enter the building and had two flights of stairs and this was a nursing home! If we had chosen it, they would have gotten hundreds of thousands of dollars from my mom's insurance, I do not know what you are talking about re: a 10 cent purchase.

I was a social worker for 16 years (prior to getting ill) and lost count of the places that my clients could not go b/c not accessible under ADA law and then I experienced myself. I cannot climb more than two stairs with my absolute best effort. I had an appt last year to take my step-daughter somewhere for her birthday and it was not wheelchair accessible so I was not able to go with her and she had to go in by herself. I have lived this and am guessing that you have not.

My brother was in a wheelchair. I have a very good idea on what it is like to try to get around in a wheelchair, lots of places are not accessible, but I am sure it is getting better :)

GG
 
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Diwi9

Administrator
Messages
1,780
Location
USA
I don't know enough to know if the current law is sufficient or is excessive. I understand that there are situations where old buildings or small businesses cannot afford to retrofit and make accommodations. That said, new construction should be ADA compliant...and certainly any facility receiving income from medicaid recipients should be fully accessible. Sometimes these issues just take common sense and less political vitriol. People, even those with disabilities...who are equal as citizens...have a rights to access.

@Gingergrrl - I am lucky to still be able to walk without assistance...thank you for being so open about your own experiences. It helps provide light and perspective on ordinary obstacles for people with physical limitations that not everyone can clearly see because of their full mobility.
 

Gingergrrl

Senior Member
Messages
16,171
but I am sure it is getting better :)

From my personal experience, it is not getting better and from the links posted by @zzz, it appears that it is only going to get worse. Both my sister and my very best friend live in a condo and an apt that are not wheelchair accessible whatsoever and I have not been able to go in either of their homes in over four years. I am very blessed that both of them come to my apt (which is 100% wheelchair accessible) and I see them both several times per week.

But to put it into perspective, when my family and I had to move quickly in 2015 (due to mold), it was unbelievably difficult to find a building that was 100% wheelchair accessible and it took us about six months to find this one. It may be different in other parts of the country but this has been my experience here.
 
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Diwi9

Administrator
Messages
1,780
Location
USA
From my personal experience, it is not getting better and from the links posted by @zzz, it appears that it is only going to get worse. Both my sister and my very best friend live in a condo and an apt that are not wheelchair accessible whatsoever and I have not been able to go in either of their homes in over four years. I am very blessed that both of them come to my apt (which is 100% wheelchair accessible) and I see them both several times per week.

But to put it into perspective, when my family and I had to move quickly in 2015 (due to mold), it was unbelievably difficult to find a building that was 100% wheelchair accessible and it took us about six months to find this one. It may be different in other parts of the country but this has been my experience here.
I moved to my current location from the Northwest. I was shocked to find that sidewalks leading to the state capitol building were not wheelchair accessible. That was in 2003, the situation has now been modified...but wow, how incredibly exclusive.
 

rel8ted

Senior Member
Messages
451
Location
Usa
I use a scooter, so I DO understand that it is incredibly frustrating when a business is not accessible. I cannot get in some spots that a wheelchair could because my wheelbase is longer and it is not as easy to maneuver.

With that said, I have also previously been a business owner and have many friends that own businesses. It is not feasible for every business to make an older building accessible. Some of us here are wanting to sue people out of their livelihood (and maybe don't realize that will be the end result). I know that will make some people angry, but it is the truth. I look at it kind of like this...I have Celiac disease. If a restaurant does not want to serve gluten free food, I do not want to give them my money. Should I sue them? I hardly think so. Most small business owners are more than willing to lend a hand in order to get ANYONE's business, but not when someone is hostile. (example: a fabric store in my county USED to have 2 stories of selling area. a woman in a wheelchair came in and demanded to be carried upstairs due to no elevator in a 50+ year old building. Store owner was very accommodating and offered to make as many trips upstairs as needed to bring the customer anything she wanted to see. Nice, right? Said customer left screaming and cursing because nobody would carry her up & sued the business. The entire family almost lost their source of income and now eeks by on way less $ due to lost retail space). I would never think to do that nor do i feel we are entitled to do so.

While everyone is on this topic, for those of us in the US, here's a little something to chew on. Federal buildings are exempt from providing handicap parking. The federal building in a nearby city has zero handicap spaces, so I tried to park in the small "reserved" lot and was told by security to go park somewhere else because federal buildings are not required to have handicap parking. That was before I had my scooter and could not walk the block uphill from the nearest public lot.

I want to be very clear here. Yes, I think it would be wonderful to have more accessible buildings. But, I don't think suing people is the way to go. If business owners see that it hurts them, they will make a way. I would much rather have choices of places to shop and eat while being inconvenienced once in a while than be forced to shop at Wal-Mart because nobody else can afford to be in business. Also, new public buildings are built to the newer law- ADA . Older buildings were or are exempt, so there is (or was) a provision in the law to prevent undue hardship for the business owners. When my husband has his retail shop, he had a wheelchair bound customer that he went out of his way for, and loved having him stop by. As differently-abled folks, we just are never going to be able to force healthy folks to see us as normal - we are not. It's simply a matter of catching more flies with honey than vinegar.
 

Gingergrrl

Senior Member
Messages
16,171
I'm not sure if the above was directed at me but I never mentioned suing anyone and would never dream of doing this re: this issue.

I was referring to situations where I have been treated sub-human for being in wheelchair and when I see businesses not complying with current ADA laws, it makes me wonder what else they are not complying with (from a health and safety perspective).

So if anything I would want to make the existing laws enforced vs. propose legislation to take them away! And this is not just re: wheelchairs but disabled parking, and all reasonable accommodations for individuals who are visually or hearing impaired, etc.