ADA's Impact on Everyday Lives
Overview
Since
its passage in 1990, the Americans with Disabilities Act (ADA) is
slowly but surely changing the landscape and the lives of individuals
with disabilities and their families every single day. Instead of
repeatedly having to argue for their right to equal access and equal
opportunity to participate in the programs, goods and services available
to individuals without disabilities, children and adults with
disabilities are discovering that—while the landscape is still not fully
barrier free—they can usually go about their business without
encountering barriers or interruption.
The
articles below illustrate the ways in which the ADA impacts the lives
of community members, employees, college students and families living
the Southeast Region of the United States. These stories—and others—are
repeated every day in communities, businesses and on campuses throughout
the United States.
Index of Contents
Accessible Cities: People with Disabilities Survey Public Facilities
Over
a three year period, small teams of people, with and without
disabilities, visited city halls, libraries, civic centers, and parks in
14 cities in Alabama, Georgia, Kentucky, Mississippi, North and South
Carolina, and Tennessee. Their goal was to check the accessibility of
these civic places and to see how well these public sites met the access
needs of individuals with a variety of disabilities.
The
intention was not to ‘catch their cities napping’ or to report them for
not being in full compliance with the Americans with Disabilities Act
(ADA). Instead, the goal was to examine and report on how easily—or
not—people with visual, hearing, and mobility disabilities could enter a
public facility and use the services available to people without
disabilities.
One
of the goals of the ADA is to remove access barriers and promote full
and equal participation in civic life for individuals with disabilities.
The cross-disability teams of people looking at access to public
facilities in seven Southeast states were part of the Community
Participation Research Project, conducted jointly by the Southeast ADA
Center, its State Affiliates and the Burton Blatt Institute at Syracuse
University. This research project was unique because it used
Participatory Action Research (PAR). PAR research is developed and
implemented in full collaboration between people with disabilities and
researchers, focusing on their concerns and interests while still
maintaining research protocols and validity.
In
this study, seven teams of 5-6 researchers surveyed sites in a total of
14 cities, two cities in each state. The cities were matched in terms
of demographics. The only difference was that one city had previously
reached a Settlement Agreement with the Department of Justice to correct
access barriers identified in one or more of its city facilities.
Georgia was used as a pilot site to test the survey instruments and the
way in which the local researchers were trained. Cities in the other six
states were surveyed over the next two years, with state teams visiting
both of their two cities within a few days of each other.
One
of the things they found was that many of the public entities did not
fully understand what good access means. As one local researcher
explained,
"It
is unfortunate that some public venues think they are providing
adequate access to services, but the consumer’s experience may be quite
different."
They
also found that public entities often did not realize that people with
different disabilities had different access needs. For example, two
local researchers—one who uses a wheelchair and one who is blind—had
very different experiences when they visited the same library. Both were
able to enter the library easily. However, the person using a
wheelchair was able to use the library’s computer independently to
locate the book he wanted while the woman who was blind discovered that
she could not use the library computers with a screen reader and that
the staff didn’t know how to open the software that would let her search
the files by herself.
In
fact, one of the study findings was that people who were blind or who
had low vision found the city sites less accessible overall than did
people who used wheelchairs or who were deaf.
For
example, because the public restrooms in a city park were not
identified in Braille and raised lettering, one man who was blind
started to enter the women’s restroom by mistake. Another, more
frustrating, situation took place in a public library. One researcher
asked about library materials for individuals with vision-related
disabilities and received little helpful information. However, in
talking to another researcher later, she discovered that the library had
a good collection of audiobooks.
Researchers
who used wheelchairs or who were hard-of-hearing also discovered some
problems. Individuals who use wheelchairs identified barriers related to
parking enforcement, steep ramps, counter heights, thresholds, and door
handles. Another researcher contacted a civic center prior to arriving
and asked if they had an assistive listening system (ALS). He was told
that they did not have an ALS but on the day of the performance when he
asked again, he was given headphones without comment or delay.
As a researcher pointed out:
"Most
of the places I went, there was more assistance available than I turned
up beforehand [on the website or by contacting the site directly].
Perhaps people didn’t know what was available or had not been trained to
answer questions about providing assistance. All public places should
have a brochure or flyer printed to show what accommodations or
assistance they have."
Researchers
using a TTY (Telecommunication Device for the Deaf) found many public
agencies either did not have one or did not know how to use it. And, in
some cases, researchers noted that absent or hard to find and see
signage, for accessible entrances, emergency exits, or identifying
restrooms, was frustrating and challenging. More seriously, one
researcher reported that when emergency exit information was reviewed
for the audience at a civic center, there was no mention of accessible
emergency exits.
Despite
these access issues, the researchers reported delight at the many
examples of accessibility that they encountered, including some new
discoveries such as accessible park benches and picnic tables. One
researcher noted “this was the most accessible website I have ever
seen. I could completely access the entire website and library into my
screen reader.” They also noted many staff contributed to positive
experiences, including demonstrating a willingness to put together a
needed accommodation. One researcher reported receiving a “very prompt and helpful response” and another added “excellent facility for accessibility. Staff is knowledgeable and sensitive to persons with disability.” In
fact, almost two-thirds of the time researchers found that entities had
a staff member who coordinated services for people with disabilities.
Even when access barriers were encountered, the willingness of staff to
try to resolve the issue went a long way toward easing the researchers’
frustration.
Finally,
the PAR project provided opportunities for increased understanding and
appreciation of all the issues involved in providing good access.
Because people with disabilities were integral to the research from
start to finish, they were aware of subtle access needs that others
without disabilities would likely overlook. Their participation in the
project also increased their own awareness of the areas where more
education and guidance were needed.
"It’s
always eye opening to realize how few people take issues of
accessibility truly into consideration when running public places.
Clearly, much more information is needed and ways to implement them
developed."
Another commented:
"I
know how to get around my own city. Know the accessible entrances and
how to ask for the accommodations I need. But when I visited the other
city, I was clueless. Sometimes I had to circle the building several
times before I found the accessible entrance or figured out where the
elevator was. How would someone visiting my city figure out how to get places? I never thought about that before."
As
a result of their involvement with the PAR project, many researchers
expressed positive feelings from having engaged in the site visits,
learned a good deal, and for some, left feeling a greater desire to
engage in local change efforts to remove access barriers.
The researchers also noted a growing awareness on the part of city staff:
"The
last person who visited the city hall was one of the research team
members without a disability. As she entered the hallway near the
offices, she heard a couple of individuals talking. A gentleman said,
“What I want to know is, are we prepared?” A woman responded, “We have
spaces for wheelchairs….” The gentleman then said, “I'm not just talking
about people in chairs, I mean all types - do we have alternative
formats?”"
The
rest of the conversation was not clear. However, the team members
clearly had increased staff awareness of the full range of disability
access needs.
For
free, confidential information, technical assistance and answers to all
questions regarding the ADA, please contact your regional ADA Center by
calling 1-800-949-4232 (voice/tty).
Accessible Businesses Welcome Everyone
For
most people, their major concern when running errands and shopping is
whether they can fit it all they need to do into the time available. For
people with disabilities, however, particularly for those with physical
disabilities, their major concern is whether they can get into the
stores or buildings in the first place and, once in, whether they have
access to the goods and services they need.
Stores,
theaters and other buildings were not intended to shut out people with
disabilities—but the built environment has been highly effective in
denying access to people who have limited use of hands or legs. A single
step, a one-inch threshold, a heavy door, or a round doorknob can make
entry into a building difficult, if not impassible. And once someone
with a mobility impairment has struggled to get inside, cluttered aisles
or objects blocking call buttons on elevators can significantly impede
their ability to do what it is that they came inside to do, whether that
is to buy a new shirt or visit a physician’s office.
“For
the most part, the bigger retail stores—like Walmart, Kohls, TJ
Maxx—have plenty of room for me to get around,” says Dylan Brown of
Nashville, TN. “But I still run into problems with the amount of items
they try to put into the very small stores in malls and strip malls.
Overstocking in the small stores means that I can’t get through the
aisles, so I just don’t go in.”
Dylan
has quadriplegia as the result of an automobile accident in 2002 and
uses a powered chair. He drives an adapted van and can usually get
around Nashville and do what he wants to do except when it comes to some
places that are unclear on the concept of accessibility:
“There’s
a newly renovated, posh bar in town. It has access into the bar and the
restrooms are accessible. But there is not one seat in the place where I
would be eye-level with my peers. Even the booths have a step up. I
went out to the smoking patio but that was built up also, with wood
high-rise seating all around the edge. There was no way I could have a
drink and be at eye level with my friends. I couldn’t even put my drink
down without reaching up to the table. It’s like they went out of their
way to make it inaccessible.
“I
felt so uncomfortable. I know I’m in a chair but I’m always around
active people, and you get going and you just forget. Then, when you get
to a place that is so blatantly inaccessible, the term crippled comes
back in.”
The
Americans with Disabilities Act, passed nearly unanimously by both
houses of Congress and signed into law by President George H.W. Bush on
July 26, 1990, mandates that places that offer their goods and services
to the public must be accessible to people with a variety of
disabilities. Effective January 26, 1992, all places of business have
been required to make their goods and services available to and useable
by people with disabilities to the extent that it is readily achievable
(e.g., that changes can be accomplished without much difficulty or
expense). Furthermore, all new construction and renovations to existing
buildings must be accessible to and usable by people with disabilities
to the fullest extent possible.
Lack
of access is more than an inconvenience for people with disabilities;
for many, accessible stores, professional offices, theaters, libraries,
state and local government offices and medical facilities can mean the
difference between a life of independence and full immersion in the
community and one of dependence and restrictive living situations.
Living
Independence for Everyone (LIFE) of Mississippi, the statewide Center
for Independence (CIL) in Mississippi, believes so strongly in promoting
independence for people with disabilities that the CIL uses Americorps
volunteers to do community access surveys to ensure that people leaving
nursing homes or other congregate facilities will be able to move about
effectively within the community. The Americorps members in Project LINC
focus on those places that individuals with disabilities were most
likely to want to use. When doing a Project LINC site survey, the
Americorps volunteers introduce themselves to the places they want to
survey, provide information about the ADA and explain that their purpose
is to make places more accessible for people with disabilities, not to
report anyone for failure to comply with the ADA. They then ask
permission to conduct the survey and to return at a later date for a
follow-up visit.
Desmeon
Thomas, of Jackson, Mississippi, was both an Americorps volunteer doing
the surveys and a beneficiary of increased access in his immediate
community. Desmeon sustained a spinal cord injury in 2002 when he was 19
years old. He approached the LIFE Center for assistance in learning how
to live with a disability. When he learned about Americorps and Project
LINC, he signed up as an Americorps volunteer, receiving a stipend for
his work on the project and becoming eligible for $4000 year for his two
years of service to put toward his education.
As
Desmeon explains, “we would survey places that are just around the
corner from where someone moving into a community would be living. That
means places like corner stores, dollar stores—we surveyed a lot of
dollar stores; that’s where we can afford to shop!—fast food restaurants
and grocery stores.
“I’m
quadriplegic, so I need a lot of help with everything. I use a power
chair so I can get around on my own, but I’m not the lightest person in
the world, and my parents are getting older. I didn’t want to have to go
into a nursing home but I knew I couldn’t stay with my parents much
longer either. So I looked for a way to live on my own. LIFE hooked me
up with the Medicaid Waiver* program that pays for personal attendants
to help me 8 hours a day, 7 days a week. I use them for four hours in
the morning to get me up and dressed and ready for the day, for four
hours at night to get me ready for bed.
“Now
I rent my own house, drive a Dodge Caravan and can do most of my own
shopping. Grocery stores have been great! I can get around easily, and
they always send someone to help me if I ask. My power chair helps raise
me up so I can usually reach things on the shelves. If not, the grocery
store clerks help me.
“And
the other places I need to go are also pretty accessible, thanks to the
survey work we did. Well, sometimes I need to go into a side or back
entrance to some places…and the movie theater near me only has
accessible seats right in the very front row, which is too close to the
screen and makes it hard to watch without getting a stiff neck. But for
the most part I can get where I need and want to go.”
*The
Medicaid Waiver: Section 1915 (c) of the Social Security Act enables
states to request a waiver of applicable federal Medicaid requirements
to provide enhanced community support services to those Medicaid
beneficiaries who would otherwise require institutional care.
Reasonable Accommodations Mean Getting the Job Done
Employees
with disabilities may do a job differently—they may use adapted
computers, screen reading software, large print materials or raised
desks that can accommodate a wheelchair—but they get the job done like
any other employee in their position. They are not asking for special
treatment or to be excused from performing the essential functions of
their jobs. But they do ask that they be given the tools or supports
they need to perform these tasks competently.
The
Americans with Disabilities Act (ADA) was passed almost unanimously by
both the House and the Senate in July 1990. It provides civil rights
protections to individuals with disability and prohibits discrimination
on the basis of disability. Title I of the ADA requires that employers
make reasonable accommodations unless making those accommodations
creates significant difficulty or expense. Reasonable accommodations are
changes to the workplace or the way things are customarily done; they
are intended to allow qualified employees with disabilities to perform
the essential functions of their jobs.
Why is the Americans with Disabilities Act Needed?
Cheri
Hofmann, who has a significant hearing loss, had worked as a paralegal
position for 13 years, collecting awards and superior performance
reviews throughout her career. Until her job duties changed in her 14th
year, she never needed any changes to her workplace or different
equipment to perform her job well. When her job duties in changed,
however, she asked for a few, modest changes to her workplace.
“In
my 14th year, my job had additional duties that required me to be able
to assist clients while others were on break and to answer phones. I
asked for a mirror to be placed where I could see the door opening when
clients came in, a head set for the telephone with amplification, and to
re-position my desk to also have a better view of the front door. They
refused the mirror, saying it would be a distraction to the other
paralegals; they said to reposition my desk would cause the entire area
to have to be changed; and they said they ordered a head set, but it
never came. Instead they gave me a phone with a volume control but it
was not effective.”
None of these changes cost more than $30, but without them, Cheri was unable to do her job and was eventually forced to leave.
Cheri’s
difficulties with her employer took place before the ADA too effect.
Under Title I of the ADA now, however, employers with 15 or more
employees are required to provide reasonable accommodations to qualified
applicants or employees with disabilities unless to do so would result
in an undue burden. Reasonable accommodations are changes to the
workplace, modifications in workplace policies, or provision of
assistive technology that allow a qualified employee with a disability
to perform the essential functions of the job.
What are Reasonable Accommodations?
A
reasonable accommodation is any change to the work environment or to
the way that things are customarily done that enables an individual with
a disability to enjoy equal employment opportunities. Rene Cummins,
Executive Director of a Center for Independent Living in North Carolina,
has low vision who relies on assistive technology every day. She uses a
screen reader to read computer text and a scanner to scan print
materials into the computer where they can be read back to her.
Christinne Rudd has cerebral palsy and walks with a cane. Her employer
in Florida provided a printer in her office so that she doesn’t have to
go to the main printer to retrieve letters and other documents. Her
employer has also offered to provide a scooter, if necessary, when there
are employee outings and reimburses her for cab fare for her local
travel on company business.
Patricia
Valladares is an outreach worker for a social services agency in
Tennessee. Patricia is blind and uses JAWS software that reads computer
text, and the Open Book program that scans in printed material and reads
it back so she can read read and save printed documents. She also asks
that handouts for conferences and trainings be given to her on CDs.
John
Hobgood is a social worker in Texas who recived a traumatic brain
injury in a motor vehicle accident. As the result of his head injury,
John has difficulty paying attention, so he uses a daytimer to keep his
schedule and relies on the Outlook calendar computer software to remind
him of appointments. Reading is difficult, so John uses free screen
reader software from Readplease.com. Individuals with traumatic head
injury often have difficulty concentrating at the end of the day. When
his agency moved to a 4-day week of 10 hour days, John and another
co-worker asked for a modified schedule in which they would remain on
the 5-day week. Their requests were granted, and the two come into work
on the 5th day, lock the door, answer phones, and catch up with their
paperwork.
John
Duplessis, a social worker in Alabama who became legally blind as an
adult, relies on a tape recorder that is “glued to my side for dictating
notes and recording conversations that I need to remember.” He uses
Zoom Text software to enlarge text on his computer screen and uses its
speech function to read aloud what is on the screen. John also has
talking Caller I.D. on his landline and cell phones to announce the name
and number of incoming calls. In addition, he uses glasses with
magnification to read printed documents and to write. Even so, he notes
wryly, “I don’t write quickly and my penmanship is not very good.”
Not
all effective accommodations need to be provided by the employer. Many
people with disabilities can use “off the shelf” assistive technology to
meet their personal needs. For example, Eric Dupre who has a learning
disability thrives in his fast-paced, unpredictable job as a news
photojournalist. To keep himself on track, Eric carries “a small pad
with me each day to write down my schedule and use an electronic pocket
reminder for assignments that may be projected in the future. I use a
GPS to assist me to find locations where I have to be. I purchased my
own accommodations for under $100.”
Although
many people with disabilities can perform all their job duties without
an accommodation of any sort, others encounter workplace barriers that
hinder or prevent them from performing competently on the job. By
mandating reasonable accommodations and changes to the work environment
as long as they do not create an undue burden, Title I of the ADA make
it possible for qualified employees with disabilities to demonstrate
their competence and ability to perform on the job.
Inclusion from the Start: Campus Collaboration Avoids Access Pitfalls
When
changes are made to a college or university campus, planning ahead for
access avoids costly errors. It also avoids the inadvertent creation of
access barriers that make it difficult or impossible for students,
visitors, and staff with disabilities to enjoy full use of all that the
institution has to offer. One university—Florida State University (FSU)
in Tallahassee—has taken steps to ensure that neither of these problems
occur on their campus.
FSU’s
fully collaborative process ensures that access is included from the
very start when any new construction or renovation is planned. This
entails coordination and collaboration among nearly 80 individuals,
including the Office of Equal Employment Opportunity Compliance, the
Facilities Vice President, Facilities Designer, Facilities Planners, and
Project Manager as well as representatives from 20 or more other campus
departments. It also requires some creative thinking and planning to
assure maximum access throughout all phases of what can be a lengthy
period of construction.
As Amy Wagner, Assistant Director of the University’s Office of Equal Employment Opportunity Compliance explains,
“We
try to proactively address construction issues prior to the initiation
of any new construction efforts. However, there are times in which we
have had to make adjustments during a construction build due to the
length of time a project would take to complete. For instance, during a
10-month construction project, a sidewalk was opened and closed at
various points and required a phasing in/out of the project. The road
under construction was a half mile long and the construction was done in
four phases. We discussed the impact of a phased project on students
with and without disabilities. In addition, we examined the options for
maintaining access during the construction period. Breaking the project
into four phases allowed for access at all times during the construction
process. As one section was completed, it was then re-opened to provide
access while another section was closed according to the phased project
schedule.”
In
addition, collaboration and cooperation among all offices and
departments has nurtured an atmosphere of mutual trust and respect. Key
players are routinely invited to participate in meetings in addition to
the quarterly meetings of the entire planning team to ensure that
accessibility concerns are addressed early on. For example, the campus
is currently undergoing new construction activity in which Ms. Wagner
has been called upon by project managers to address concerns involving
ADA-related access issues such as installation of sidewalks, doorways,
hood vents in school laboratories, detectable warnings, signage, and
accessible routes/pathways around construction zones.
Ms.
Wagner prefers not to refer to a project as challenging but as one that
is “unknown territory” requiring innovative thinking and creativity on
the university’s part to ensure that it is ADA compliant in all of its
activities.
Florida
State University entered into “unknown territory” in 2011 when the FSU
Flying High Circus, one of only two collegiate circuses in the United
States, wanted to purchase a new tent, seating, and flooring. The Circus
wanted to purchase an interlocking floor but was aware that it might
present access concerns. FSU wanted to ensure that the flooring was
accessible to people with disabilities and did not present the
possibility of a trip-hazard or an accessibility barrier for wheelchair
users in the event the interlocking pads became disengaged. Ms. Wagner
spent time researching precedence and best-practices governing this type
of situation. As a result, the new tent, seating areas, and paths of
travel throughout the tent not only meet but exceed the ADA standards
for accessible seating and paths of travel.
FSU’s
intentional effort to include Ms. Wagner in all planning efforts
related to new construction projects is an example of a university that
is committed to ensuring full inclusion and ensuring that full access is
at the forefront of any and all ventures to enhance and/or improve the
campus infrastructure. Ms. Wagner reiterates the importance of her
office’s collaboration with facilities and maintenance staff,
construction managers, and others involved in the planning of new
construction from the very start to ensure that access and full
inclusion are primary considerations throughout the life of any project.
The ADA: It’s a Family Affair
In our family, if I couldn’t go, none of us could go.
Most
people think of the Americans with Disabilities Act (ADA) as
legislation that promotes access and equal opportunity for people with
disabilities. What they often don’t realize is that the ADA also creates
access and equal opportunity for families and friends as well.
Why the ADA? Just ask Sara Ezell.
“In
the past 40 years, I have seen things change hugely. It’s been an
exciting time because of the ADA. If not for the ADA, where would I be
today?”
Sara
grew up in a close-knit family. Because she was born with osteogenesis
imperfecta, a bone disorder often called “brittle bone disease,” Sara
used a wheelchair most of the time. When she was a child, “accessibility
was an issue everywhere. Disability was not an issue in our family, but
access was. When I could not get into a restaurant or a store with my
brothers and parents, it was an insult to our whole family—and we didn’t
go in. In our family, if I couldn’t go, none of us could go.”
When
Sara became a teenager, things got to be embarrassing, especially when
she went out on a blind date. Faced with the prospect of getting into an
inaccessible entrance, Sara’s date would offer to lift her and her
chair up the two stairs at the entrance, making an awkward situation
even more uncomfortable.
When
Sara entered Vanderbilt University in Nashville, Tennessee, pre-ADA in
1989, no freshman dorm rooms were accessible. Vanderbilt was determined
to have Sara on campus, so they turned an administration office into a
dorm room. As Sara explains, “we made do with it. All of my neighbors
were Deans, and I got to know them pretty well. But after 5:00 PM, no
one was there. It was not too bad, but it was not a natural dorm
experience, and I missed the experience of living in a dorm with other
students.”
Vanderbilt
continued in its efforts to provide campus-wide access, including dorm
rooms, for its students with disabilities. Although the ADA had recently
been passed and would be going into effect within two years, “nobody
knew what to do yet. There was a two-inch thick book of scoping
requirements from the US Access Board that the University used but it
wasn’t clear who would pay for the changes.
“It
took a lot of doing, but by the time I graduated, I was living in a
hall with other students—and I had a choice of rooms to pick from! And
with every dorm renovation, the University would add more rooms. After I
graduated, I went to work for the ADA office at Vanderbilt. And it was
fun to see the faces of incoming freshmen with disabilities when I told
them you can live here or here and here…”
As
Sara reflects on her experiences pre- and post-ADA, she notes that “now
so many places are completely accessible. It’s amazing to see.”
It’s still a family affair
Sara’s
disability has had a rippling effect across generations. Both of her
brothers worked at an Easter Seals camp in East Tennessee one summer and
loved it. Her oldest brother, Chase, got a degree in Recreational
Therapy. Chase was interested in physical accessibility of Tennessee
State Parks, so he wrote his Master’s Thesis on the topic—using Sara as a
guinea pig to “try out” the steepness of ramps and the smoothness of
trails. “It was not always fun,” she recalls.
As for the next generation, Sara says, “Kids get it at a level that adults just don’t.”
“My
two nieces and my nephew are my pride and joy, and they are not afraid
to ask questions about disability. My niece Evelyn has befriended a
little girl in her classroom who has cerebral palsy. And she had a lot
of questions for me, like ‘why does she have a lady with her all the
time?’ My niece just wanted to understand so she could figure out how
she could help her and sit with her at lunch.
“It’s
been fun to teach them about accessibility. My little nephew is just
now starting to discover about accessibility. When we are together and
there’s some place that his Aunt Sissy cannot go, he’s annoyed to death
and just doesn’t understand. There’s a generation of militant little
people who are going to be just great!”
