Wheelchair Accessibility in Public Places
The Americans with Disabilities Act (ADA) is
a far-reaching law, one aspect of which deals with wheelchair accessibility in
public places. The ADA and its
supporters believe that with creative planning and minimal cost a public place
can become accessible. But is the ADA
effective in ensuring this? This paper
will examine this question.
All public places should be
wheelchair accessible. Some
people—especially those who use wheelchairs or who are close to those who
do—voice strong approval of this stand.
Others disagree, saying this is unnecessary, not cost effective, and
even harmful to people with disabilities.
Beau Thompson is a young adult with cerebral palsy who depends upon a
wheelchair for mobility. “The lack of
accessibility in our nation today weighs on my mind heavily,” Thompson
shares. “It doesn’t come and go in my
mind, it is always there, and I have to deal with it daily.” Thompson explains it is when he leaves his
accessible home that he gets the clear picture of just how inaccessible the
world is for the disabled (Thompson 34).
On
July 26, 1990, President George Bush signed the ADA into law (“ADA at a
Glance” 1).
It is estimated there are 49 million Americans with disabilities (Coelho
20). The ADA protects the rights of
those affected with disabilities in several areas, including wheelchair
accessibility (“ADA at a Glance” 1).
Reno and Thornburgh report before the ADA was passed into law,
employment, using public transportation, eating out, and shopping were life
activities often out of the reach of people with disabilities (23).
The 1990 law requires public
buildings to include accessible parking and level surfaces into the
building. Restrooms and aisles must be
large enough for wheelchair users to navigate freely (O’Boye). Also businesses with more than 25 workers
are required to have wheelchair accommodations
(Koretz).
The
ADA provides enforcement of its regulations through litigation. Private lawsuits may be brought against
those businesses who are not in compliance with what the ADA states. Complaints can also be filed with the
Attorney General who can bring suit against the discriminating parties (“ADA at
a glance” 10). Critics claim the ADA
has led to needless lawsuits (Hudgins 39).
Since
no funding was provided by Congress to enforce them, the regulations for
accessibility are often ignored until businesses are sued for
noncompliance. Some businesses still do
not comply after being sued. Even
worse, ADA lawyers can milk defendants by filing suits, settling out of court,
and move on without ensuring compliance
(O’Boye, screen 1, 2).
For many businesses the
reason behind not making their establishment wheelchair accessible is one of
cost. However, according to a Job
Accommodation Network survey, 31 percent of changes made to accommodate
wheelchairs are cost free and another 66 percent cost less than $500 (Lord
27). It has been proven that when a new
building is constructed it costs less than 1% more to make it accessible (Johnson
79).
In a study of three large
shopping malls in the Southwest United States, McClain uncovered what are
believed to be some typical deficiencies.
Parking, building entrances, and inaccessible bathrooms were problem areas,
making for big challenges to people in wheelchairs attempting to shop, often
excluding them from using the services or obtaining the goods contained
therein. Although the study suggests
progress is being made, it is discouraging in that there is wide inconsistency
in what deficiencies people might run into when shopping (178, 181- 183). Obstacles that are normally not even given a
thought can become a tremendous barrier to a wheelchair user (Lee 3).
The Department of Justice
has a four-step process for planning for removal of physical barriers. First, make the place accessible for parking
and on the sidewalk to the building.
Second, provide accessible pathways in and around the building where the
goods and services are located. Third,
offer accessible restrooms. Fourth,
take any other steps necessary to make goods and services readily
available. (Johnson 113)
ADA guidelines require one
“Handicapped Parking” space for every 25 slots in a parking lot. It is important for disabled persons to have
extra room for the wheelchair lift and to maneuver around (Johnson 64). Vehicles may not be parked in a handicapped
parking space without a proper permit. The person with a disability also must
be intending to exit the vehicle. It
angers the disabled to see the able-bodied parking in those spaces
unnecessarily (Goldstein).
Upon
exiting the vehicle successfully, the next challenge for a wheelchair user is
to get from the parking area to the front door of the business or agency. This requires either a curb cutout or a curb
ramp. Mike Collins, one wheelchair
user, states that not having curb cutouts where needed is not only
inconvenient, but also dangerous and costly.
He sees no excuse under the ADA to not install cutouts (Johnson 64, 65).
Sidewalks
can prove to be a challenge to a wheelchair user. Old, broken, cracked, or raised walkways create big
problems. Missing pieces and holes can
be extra hazardous (Lee 2).
When a person in a
wheelchair makes it to the front door, will he/she be able to get inside? Johnson explains that ADA requires door
width must be at least 32 inches when it is open 90 degrees. Round knobs can be replaced with lever
handles for easier manipulation by a person with physical impairments (68, 69).
Stores
with accessible entrances sometimes do not have wide enough aisles for people
who use wheelchairs. The aisles are
commonly cluttered with sale items.
This often causes the disabled person to avoid entering the store
because of the inconvenience (Koretz).
In
places such as arenas and theaters, it is not unusual for people using
wheelchairs to have a poor seating area and often away from companions. People who use wheelchairs do have family
and friends (Goldstein).
A
key issue in public places is restroom accessibility. Many restrooms that are said to be accessible are impossible for
chair users to navigate. Marilyn
Phillips calls these “Houdini Accessible Restrooms” – a person in a wheelchair
has to be Houdini to get in and out successfully! The main issue here is space; it must be made large enough (Johnson 75).
The U. S. Justice
Department’s first priority is to encourage voluntary compliance with the
ADA. It has geared most efforts on
education of businesses and government, offering technical assistance and
information on how accessibility can be obtained easily and cost effectively. A
Harris Poll conducted in the mid 1990’s concluded that a large majority of
businesses are in favor of the ADA.
However, some journalistic publications charge the law has brought
unreasonable expectations (Reno and Thornburgh 23, 24).
Tony
Coelho, Chairman of the President’s Committee on Employment of People with
Disabilities under the Clinton administration, believes that it is more
important to have people’s attitudes change than have law changes. Coelho states, “Congress can pass laws ‘til
the cows come home, but real change comes from a change of heart” (21).
Many places are inaccessible simply due
to people unwittingly placing items such as cigarette machines, newspaper
stands, or even waste baskets in an otherwise accessible pathway. As one can
imagine, this is frustrating to the person in a wheelchair (Johnson 69).
Other entrepreneurs do not see the
disabled person as important. Their reasoning is that they have no wheelchair
users as customers, so why would they install ramps and special doors. They are not taking into account that
wheelchair users cannot get inside to shop, so of course the store gets no
business from those folks. They go
somewhere else (Johnson 99).
Some business owners believe their money
can be spent on more important things than making their business
accessible. June Kailes, an independent
living skills trainer suggests that businesses are missing an opportunity to
increase sales. It is estimated that
about ten percent of people experience mobility impairments. Kailes projects a customer averages ten
dollars per sale. If a store has 100
shoppers in a day, the store would lose $100 a day if it is inaccessible. Marian Schooling Vessels, head of Maryland’s
Governor’s Committee on Disabilities, is also a wheelchair user. She claims she personally spent up to $600
in one accessible restaurant over a three-month period, while her friends spent
about $200 while dining with her. Each time she went there, she passed 10 to 15
other cafes that were not accessible (Johnson
99, 100).
Businesses need only remove physical
barriers when “readily achievable”, which means it can be done with little
difficulty or cost. In fact, the ADA
encourages low cost solutions (Reno and Thornburgh 24). Critics argue it costs more for businesses
and government to offer services without positive cost benefits (Hudgins 39).
Opponents
assert that making public places wheelchair accessible actually reduces
property value by limiting use and offering no compensation. Furthermore, they argue that many accessible
accommodations go unused or little-used, with no funding available (Hudgins
39).
In conclusion, public places must be
wheelchair accessible so wheelchair users like me can fully participate in the
community. There are no good excuses
for public places to be inaccessible.
Tony Coelho summarizes my point in a speech delivered May 18, 1994:
Discrimination has no place
in America. It is morally unacceptable
and personally reprehensible to most Americans. We’ve made great progress, but complete victory will not have
been won until we have total support for the principles embodied in ADA. Not just because the law says so, but
because it is the right thing to do. Not just because you can be fined or sued
for noncompliance, but because discrimination is an evil the American people
will not tolerate (22).
Physical and attitudinal barriers can be overcome
today with solid planning, minimal cost, and education. Simply put, it is the law for public places
to be accessible to all people.
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