March is Disability Awareness Month.
There is a lot of confusion and controversy surrounding the Americans with Disability Act (ADA), so as a member of this community who has gone through a lot of compliance training, I want to take just a bit of your time to talk about it.
The ADA was passed in 1990 and signed on July 26th of the same year by then President George H.
W.
Bush.
It is meant to be a piece of civil rights legislation, and besides being a law is also a mandate, meaning everyone must comply, with no exceptions except those laid down with the Act itself.
The first problem is that unlike most legislation that goes before Congress that is hundreds or even thousands of pages long, the original ADA was very small-really just a few pages long that did not spell out how to comply.
As soon as it was signed into law, groups of experts and advisors were brought together to write sets of guidelines for the three major sections: Title I, dealing with employment, Title II that regulates State and Local governments, and Title III, that defines what businesses are expected to do to accommodate People with Disabilities (PWD).
What started out as a small piece of legislation wound up being the defining guidelines that incorporate hundreds of pages.
Other legislation, like the Fair Housing Act, the Rehabilitation Act and the Air Access Act were already in place.
Administered by US Department of Justice, the ADA has caused a lot of compliance confusion to the point some governments and businesses have decided to ignore the mandate.
This is a mistake as the DOJ is now filing hundreds of cases resulting in thousands, and perhaps even millions of dollars in fines, plus the cost of compliance.
The ones who could be hurt the most are small businesses, that see the ADA compliance as costly, even to the point of forcing them close rather than take on the expense of compliance, when in fact there are solutions that are very low-cost or even free.
But there are a couple of "outs" or loopholes for small businesses: reasonable accommodation and readily achievable.
Under reasonable accommodation a business does not need to change their environment unless it would cause undue hardship.
But the business must be able to prove it.
Readily achievable means that public accommodations-stores, banks, hotels, and restaurants-have to remove architectural barriers in existing facilities (prior to the enactment of the ADA) when it can be done "without much difficulty or expense.
" Inexpensive, easy steps to take include ramping one step; installing a bathroom grab bar; lowering a paper towel dispenser; rearranging furniture; installing offset hinges to widen a doorway; or painting new lines to create an accessible parking space.
In cases where changes are not readily achievable the ADA allows a business to simply provide curbside service to persons with disabilities, but few do, as they see it as an imposition.
In a situation where a business claims they don't make enough in profits to comply, they may be able to at some time in the future, and are then expected to do so.
Of course, in the case of a new building, or a building changes its function (conversion from a store to a restaurant, for example), then all facets of the building must comply with the guidelines as set down by the ADA and local building codes.
As a member of the disability community I have seen changes, but there is still a lot that needs to be done.
Also, changes in the attitudes of people about the disabled have been slow to change as well.
More and more people are falling under the auspices of the ADA as the population ages.
Today 20% (54 million plus) of the American population has some sort of disability.
And every family has at least one person in it who has a disability.
Besides people don't become disabled just from disease...
many are hurt in accidents.
Here are a few things you can do that will make a BIG difference: *If you are standing, talking to someone in a wheelchair, stoop down to their level, or pull up a chair near them.
Get on their eye level.
We're getting tired of looking at your belt, waistline or belly button.
Show some respect and dignity.
*Don't assume we want your help.
Ask first.
*Talk to us, not over or around us.
Unless we have a hearing impairment we can hear, understand and respond to you.
*Don't ask what happened or what's wrong.
Without being rude, it is none of your business, and for many people it is difficult to talk about their disability.
Focus on a person's abilities, not their disabilities.
*Watch how you respond.
Saying something like, "Isn't it nice you can get out and do things," or, "I feel sorry for you, life must be very difficult.
" You sound like a condescending idiot.
I am no more brave or courageous than anyone else.
I just do things a bit different.
*Don't sit in my wheelchair...
it's like sitting in someone's lap.
A wheelchair, walker or other piece of equipment is part of that person's physical space.
*Treat us just like everyone else.
Yes, we do need some help sometimes, and if we do, we'll usually ask for it.
Otherwise, we want to be just like you.
Yes, we do get better parking or a chance to cut in line, but think about what we have to put up with that you don't.
I can't just jump up, grab my keys and go.
I have to think and plan out everything I do and every place I go.
If some of that seems rude, or inconsiderate, I make no apologies for it because it is what I and millions of others have to deal with every day, but, like the song by Ben Kweller says, "Some days you get aces and faces, and some days it's twos or threes, but you have to play the cards your dealt.
" I hope by reading this you have gained a little better insight to the World as the disabled see it and live it.
Just remember, and God forbid, you could be next.