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ACCESSIBILITY: It's Yours for the Asking!

Do you often have difficulty hearing the dialogue in a movie theatre?
Are you unable, because of a disability, to reach items on higher shelves in grocery stores?
If you use a wheelchair or walker, are there places you don't go because you can't get in the store or office or can't move down the aisles?
Does vision impairment make it difficult for you to read small-print menus in dimly-lit restaurants?

You May Have Rights Under the Americans with Disabilities Act!

Many older persons have one or more physical or mental impairments that affect their daily lives. Due to the lack of information or even embarrassment, some people may be reluctant to ask for accomodations that could allow them to take part in a variety of activities.

We all need varying degrees of assistance -- from birth and early childhood on into later years. The Americans with Disabilities Act (ADA) was created to ensure that all Americans, regardless of abilities, have access to the entire fabric of our rich culture -- be it busines, government, recreation, or service.

The ADA was enacted in 1990, yet research indicates that most older persons, many of whom could benefit from the Act, are unaware of it. Here is a brief overview of the law that could help make the world more accessible to YOU!

The law protects persons with disabilities: anyone has a physical or mental impairment that substantially limits a major life activity such as seeing, hearing, breathing, walking, learning, working, speaking, caring for oneself, or performing manual tasks.

Employers with 15 or more employees cannot discriminate against persons with disabilities and must make reasonable accommodations to enable otherwise qualified individuals to perform duties.

Example: Ms. Superb is turned down for a cashier's job because she uses a wheelchair which doesn't allow her to reach the register. Solution: A reasonable accommodation would be to lower the register.

Public programs, such as those sponsored by state and local governments, must be accessible - this includes courts, government offices, and services for seniors as well. (Federal programs have the same requirements by virtue of an earlier law.)

Example: Mr. Proud, who wears a hearing aid, wants to attend a community meeting on a new zoning ordinance in his community. The meeting is in a large courtroom with no sound system and Mr. Proud can't hear the speakers. Solution: Assistive listening devices such as audio loops are accommodations that may be required or requested under the ADA. These devices should be made available for the benefit of persons who use hearing aids. Another alternative would be to hold the meeting in a place with a built-in assistive listening system.

"Public acccommodations" -- such as restaurants, hotels, stores, theatres, parks, doctors' offices, and hospitals must remove barriers to access if it can be accomplished without much difficulty or expense. Also sign language interpreters, large print or Braille, taped materials, and assistive learning devices, are examples of auxiliary aids that may be required or requested under the ADA.

Example: Ms. Genuine goes to her doctor who just moved into a new high-rise medical facility. She cannot get to the doctor's office from the lobby, however, because there is no signage for persons with sight-impairments and no one in the lobby to ask for help. She cannot use the elevator because the controls are not marked. Solution: install signage for permanent rooms and spaces in large print and in Braille. Elevator controls should have raised and Braille characters.

Telecommunicatios: All phone companies, both local and long distance, must provide free telephone relay services for persons who are deaf, hard of hearing, or speech-impaired. These services are now available 24 hours per day, seven days per week, in every state.

Example: Mary Sue can now call her grandma who is deaf whenever she wants, by using the relay operator who types messages from Mary Sue. The messages are then read by her grandmother on her TTY. The relay operator also reads Mary Sue the messages from her grandmother.

Religious institutions and private clubs are exempt from the ADA. However, many religious organizations are attempting to achieve an accessible worship area.

For More Information or Assistance Contact:
Department of Justice
1-800-514-0301 (Voice)
1-800-514-0383 (TTY)

Equal Employment Opportunities Commission
1-800-669-4000

Disability Business and Technical Assistance Center
1-800-949-4232 (Voice/TTY)

Your local center for indpendent living.

Your state ADA Coordinator or Governor's Committee on Persons with Disabilities.

Your state Protection and Advocay agency.

Your local legal services office.

A private lawyer.

WHAT CAN YOU DO IF YOU THINK A BUSINESS OR SERVICE IS NOT ACCESSIBLE?

There are a number of approaches you can take:

You can contact the business or service and try to resolve the matter informally by explaining your needs and what the DA requires.
If it's a government office with 50 or more employees, the law requires that a grievance procedure be established for filing a complaint against that agency.
You can explore alternative dispute resolution options, such as mediation, that may be available in your community. Check with the court or your local bar association for referrals.
You can file a complaint with the Department of Justice. For complaints regarding state or local government programs and services, you must file within 180 days of the time the discrimination occurred.
If you think you have been discriminated against by a potential or current employer, you must file a complaint with the Equal Opportunity Commission (EEOC) within 180 days.
You can file a lawsuit. You should probably contact an attorney before filing suit for advice and representation if necessary. If your complaint concerns an employment matter, you must file a complaint with the EEOC before going to court.

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