ADA Webinars

The Great Lakes ADA Center on behalf of the ADA National Network is pleased to announce the schedule for the 2011-2012 ADA Audio Conference Series. The Audio Conference Series offers numerous subject-specific sessions that cut across all titles of the ADA. The 90 minute sessions provide participants with an opportunity to ask questions and interact with the presenters. Audio is delivered via the telephone or on-line. All sessions offer real-time captioning via our on-line platform.

Please join us for one or all of the following sessions:

· October 18, 2011 » ADA Case Law Update

· November 15, 2011 » Did you hear me? Ensuring effective communication with your customers

· December 13, 2011 » Open Dialogue with the Department of Justice

· January 17, 2012 » Refresh on the 2010 ADA Standards – March 15th is just around the corner

· February 21, 2012 » Planning a trip: What you need to know about making hotel reservations

· March 20, 2012 » No pets allowed: Service Animals and Post Secondary Institutions

· April 17, 2012 » Open Dialogue with the Equal Employment Opportunity Commission

· May 15, 2012 » Being Prepared: Inclusion of people with disabilities in emergency planning

· June 19, 2012 » No Parking Here: Accessible parking requirements and enforcement

· July 17, 2012 » ADA Anniversary Update: 22 Years Later

· August 21, 2012 » Segways, golf cars, four-wheelers, Oh my!

· September 18, 2012 » Don’t forget to cast your vote! Accessibility of Polling Places

Go to www.ada-audio.org and choose “ADA Audio Conference Series” to learn more about the program and platforms used, view individual session descriptions and available CE or to register.

Questions regarding the series should be directed to adaconferences@adagreatlakes.org or by phone at (877)232-1990 (V/TTY).

We were hacked!

The site is almost back to normal. Much thanks goes to MacHighway the best hosting company there is for helping me get back online. More thanks will go to Rich who will get it back to normal in time and help me make the site more ironclad to reduce the risk of this happening again!

Huron Sunrise

My wonderful 2 day splash on the Sunnyside of Michigan

view of sunrise from Huron House
I put my accessibility needs to the test at Huron House in Oscoda and had a wonderful 2 days there. I didn’t expect or request full accessibility. I had been there before and knew what to expect. Last time I was not able to access the beach at all. I couldn’t get my footing and just stared enviously at the sand and the water – this time I got in.

First let’s start with what Huron House is…a couple’s resort. I wanted some time away and here you do get transported far away. My significant other, Rich, and I stayed in the Alabaster Room, last time we stayed in the Sunrise Room – which we both prefer.  Both rooms are beautifully appointed with a king sized bed and a seating area, a fire place, a kitchen nook, and a long narrow bathroom. Outside the room is a private deck with your own private hottub and a view of the most amazing perrenial garden (Alabaster) or the lake (Sunrise).  Your breakfast gets delivered to your room each morning at the requested time – left by the door. Special dietary requests were made and were honored.

Breakfast is fresh juice, fruit, and coffee/tea/hot chocolate and the day’s special. We had a perfect croissant with a drizzle of honey and a sprinkle of nuts the first day and a delicious piece of quiche the second.

You can only reach these two rooms by 3 stairs. A ramp was needed to access the stair to beach and it was put in place when needed. I left my scooter in the car as I was able to negotiate getting to the room with some help and it wasn’t going to be any help getting me to the beach. The large garden and deck area is flat and is easily accessed. It has a beautiful unobstructed view (as does the Sunrise room) of Lake Huron sunrises. There is lots of room for privacy even when you are sharing the deck with other couples.

The bathroom is a bit of a problem as there are no grab bars in the shower or near the toilet. I had no trouble with the toilet as I found other things to grab hold of. The shower needed one of the metal chairs from the deck outside our room. It is also too narrow to access except from the narrowest of chairs. But I managed.

OK, so now for the truly exciting aspect of this trip. A beach wheelchair! I asked for and they found me a beach wheelchair. How many places could you make this request and they follow-thru! It is chair made of pvc pipe and enormous balloon tires. I wouldn’t say we got across the beach effortlessly, but the fact I got there at all is a miracle. Getting to the water’s edge was not a problem. You need someone strong to push you – especially in the case of a person who weighs over 250 pounds as I do. It is not designed to be self-propelled or for a person over 250 pounds.

Beach wheelchair

Rolleez All-Terrain Beach Wheelchair

Once we got to the water’s edge, I wanted to get in. As we got closer the seat belt became needed as I could see I was risking falling forward in the chair – what I didn’t realize until later was I also risked floating out of the chair. With a big push I was in the water in the chair and I were floating. That was good for about 2 minutes. The chair actually floated with me in it! So when the first wave hit, I toppled over. Not good. It was a bit of a panic as I was strapped in and the strap around my waist was moving upward. I sincerely thought I might drown. But I was released and made my way on my knees to a safer spot in the water and sand.  I stayed there about 2 hours soaking up the water and the sand. It was heaven!

Time to leave the beach and we ran into a bit of a problem. I had to get back in the chair and the chair had to get back up the beach. With a little help I got back in the chair. Mostly it had to be stabilized while I got into it. Once in, pushing it up the beach was pretty hard until we got to where it was level. Two hearty men pushed while I tried to help by grabbing my toes into the sand. This beach chair made my trip so special. It was the highlight of the trip.

The beach wheel chair is best for people who are smaller than I am, but it worked for me. Kids would love it! It’s not really designed to be in the water as it is for the beach. If you can transfer out of the chair into the water, you will be all set.

The other water feature to the trip was the hottub. The sunrise room is preferred for two reasons – the more easily accessed hottub and the view. Watching the sunrise from bed over what seems like an endless expanse of water is breathtaking. I could have laid in bed forever listening to and watching the waves. The hottubs differ – the Alabaster Room has what is truly a jacuzzi and does not have a flat bottom. The back rest aspect might be preferred by some, but I had a hard time getting in and out because I had difficulty getting a good footing. The Sunrise Room hottub is a more typical design with a flat bottom and at night has a private view of the lake and the stars. Next time we go (and we will go again), we first find out when the Sunrise Room is available and than we plan our trip.

I talked to the owners about access and they are trying to make changes. I made some suggestions and I can see where with some better planning I could have made things easier on myself too. They do have two rooms with level access, but neither have both the view and the private deck with a hottub that are integral to the visit for me.

If you can manage a short distance without a wheelchair, or use a walker or cane – I think you will find Huron House to exceed your expectations. Finding a place as beautiful and extraordinarily accommodating as Huron House is is a rarity. Check them out!

Huron House Bed and Breakfast
3124 North US-23
Oscoda, Michigan 48750
(989) 739-9255
huron@huronhouse.com
http://www.huronhouse.com

PVC Wheelchairs – Maker of Rolleezz ll-Terrain Wheelchair
http://www.pvcbeachwheelchairs.com/

delta

Bad Service can cost you 2 million – Just ask Delta Airlines

Delta logo The ADA is not the only law important to people with disabilities. Other laws apply to businesses and their relationship to people with disabilities.  The U.S. Department of Transportation utilizing the Air Carrier Enforcement Act fined Delta Airlines two million dollars for not providing adequate customer service and not responding to complaints as required.

What didn’t Delta do?  People with disabilities filed complaints that they were not offered adequate assistance to board and deplane.  The Department of Transportation has specific requirements that includes when wheelchairs, ramps, mechanical lifts, and additional service staff must be used.

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Save funding for NPR and PBS

National Public Radio logoNPR and PBS are at risk of being totally defunded by the government. Why should this matter to people with disabilities? Both NPR and PBS cover disability related news more than mainstream or cable stations, do investigative reporting on disability issues, and provide a venue for the voices of people with disabilities.

The Ragged Edge says of NPR “National Public Radio has increased its reporting about people with disabilities, and the issues that touch our lives. All of their stories are available for free listening online, and some offer transcripts of the stories as well.”

These are two of my favorites I have bookmarked: Looking back on 20 years of Disability Rights and Beyond Affliction: The Disability History Project

PBS has a series called POV – Point of View.  It provides a place where independent filmmakers can have millions see their work that might never make it to the big screen. Many of these filmmakers have been people with disabilities or family members. I don’t always like the way people choose to depict their disability, but I glad there is a place where their voice is heard. These are some I especially appreciated:

Best Boy (one of my favorite movies of all time), How the Blind Surf the Web , Wo Ai Ni Mommy, and  If I can’t do it .

So why the plug? NPR and PBS need you.   Sign the petition to save NPR and PBS

doj

You need to bring someone with you to sign for you…

No, that won’t cut it anymore. The Justice Department entered into an agreement with H&R Block that  included that they would provide auxiliary aids when necessary for their tax preparation services, classes, and training; that they would post this policy on their website and distribute it to all their employees; establish a list of local ASL interpreters; and post their policy conspicuously in every H&R block office. You want your taxes prepared and you are Deaf and you don’t want to share your private financial information with you child who often serves as your interpreter – you can.

But, buyer beware, this is not just about H&R Block. This is about any business that provides information to the public  – like lawyers, doctors, and accountants. If you have important, confidential, complex information to relay, you must have the ability to relay it in a means that is meaningful to the person who needs to receive the information.

It also not just about ASL interpreters. Other auxiliary services include speech to speech relay: a service where people who have difficult to understand speech can call a relay and have specially trained operators relay the information you want to say; Braille; large print; assistance in filling out forms if you cannot read well; and accessible electronic formats.  Did you know that older screen readers and computers cannot read a PDF file out loud or translate it into Braille? Did you know that an alternative to providing a document in Braille might be to send it to your customer in a doc file via email?

Businesses need to have a plan in place for how they are going to communicate with their customers with disabilities. No one expects every business to have on hand at all times an ASL interpreter or a copy of every piece of paper in Braille, but what they do expect and the law requires is that you know what you are going to do when you do have a customer who need an auxiliary aid to interact effectively with your business.  It is much easier than you think if you plan for it ahead of time.

AshleyX

Ashley X and her continuing importance

Ashley X is a little girl whose parents thought her growing size made her disability a greater burden. Usually  a child maturing and growing into puberty is looked forward to with happy anticipation. But Ashley X’s parents thought a bigger body brought with it greater difficulty in managing her care and her sexuality would make her ripe for abuse. Instead of facing those challenges head-on her family petitioned a hospital successfully to have her breast buds removed, her growth stunted, and her uterus removed.

The horror of this hasn’t diminished. Even though the hospital was strongly criticized for approving these procedures bypassing their legal responsibilities, nothing really happened but a strong slap on the wrist.

The Inclusion Daily Express recalled a news story they published four years ago today entitled US and UK Advocates Protest Ashley’s treatment. In it, it references “A Statement of Solidarity for the Dignity of People With Disabilities: A Reaction to the ‘Ashley Treatment” which is a mission I started and is still alive today. It begins “We, the undersigned individuals and organizations, are in agreement that the growth attenuation therapy administered to the little girl known as Ashley is an affront to her human dignity, and to that of all people with disabilities.” You can still sign on today. It is still an important message to send.

Closed_captioning_symbol.svg

Comcast and Closed Captioning

closed captioning symbolI don’t have cable TV, but I have heard plenty of complaints from people who do and enjoy closed captioning. The reasons to watch captioning are varied. At our house we have them on for me because I can only hear the TV at full volume and for Teddy who is making some inroads to learning to read – and the more exposure to words the better. Comcast, who happens to be my local provider has not made it possible for many of the closed captions to pass through the black box and onto the screen.

All that now changes. The FCC has reached an agreement with Comcast that within 120 days procedures will be reviewed to ensure people who want closed captioning are getting closed captioning. Than they will have 60 days to be sure existing customers have closed captioning capability. They have to report to the FCC any customers whose closed captioning capability is compromised and do an annual report on their testing procedures for the next two years.  They also must make a 500,000 contribution to the US Treasury which helps all of us – Comcast customers or not.

Comcast is the nation’s dominant cable system provider. We must hold them accountable to follow the  law. Without competition they have little reason to be concerned with this small niche market. This will hold the irons to the fire somewhat, but there is something you can do.  When Comcast comes to you and asks you if your closed captioning is working – check it out and be sure it is.  If it’s not – report it. You will be helping people who are dependent upon captioning have louder voices.  Someday you may want to turn on the captioning, too.

toiletlock

Who needs Accessible Restrooms?

http://t0.gstatic.com/images?q=tbn:ANd9GcQ_-dBLnXCBZVcBlyVocL3LwEBiXY26hHfmgzx4rkamSVScqzVicQIt is well known that the ADA requires accessible restrooms. But who actually needs them? Or more importantly who is actually entitled to use them? Unlike accessible parking spaces there is no ticket for a person without a disability who uses an accessible stall or restroom. There is also no rules posted nor any ADA rules about entitlement.

So does that mean anyone can use them?

Technically, yes. No ADA police is going to slap a ticket on you or drag you out of a stall if you don’t have a visible disability. But what about all those looks you get if you are not using a wheelchair and use an accessible stall – are they deserved?

One of the drawbacks of the ADA, is when they created ADA specifications for restroom stalls they made the specifications for people who are chair users. Many people who are not chair users need accessible stalls and benefit from wider spacing between the wall and the toilet, accessible handles on the doors,  and/ or room for an additional person to provide assistance. Many seniors and people with disabilities need the handrails or the raised toilet seat, but don’t need a wider stall.

Some people who are chair users are quite militant about their belief that only they are entitled to use the wider stalls. I believe this is wrong. First and foremost they are accessible stalls and restrooms and different people have different accessible needs that are not dependent upon use of a wheelchair.  What are these people supposed to do when they cannot use a typical narrow stall without handrails?

One solution that I often see is to include some typical width stalls with handrails. This provides access to one of the most necessary accessible elements to people who do not use chairs. Sadly these are not required by the ADA.  Also, when they do exist they are not labeled in any way and people often don’t know they are there.

The other element to an accessible stall, but too often isn’t present (a pet peeve of mine) is to have the handle/latch that closes the door be usable with a closed fist. If all stalls were created with these types of latches it would make it easier for everyone. Have you ever gotten into a stall, were in a big hurry, and encountered one of these tiny buttons you have to turn to lock the stall – you thought you had it, dash to the seat and the door flies open. Oops, sorry.

Bottom line, for anyone’s bottom, is a little courtesy. If there are 6 stalls and they are half empty and you don’t need any of the accessible elements – use a typical stall. If they are all in use except the accessible stall, and no one appears to be waiting specifically for it, go for it. If you are in a line and a person in a chair joins the line – let them have first dibs on the accessible stall. And if you need the access of an accessible stall and no one can tell by looking at you – use it – it was designed for you, too.

z_obese_disability_mobility

Obesity is now recognized as a disability under the ADA

The EEOC (US Equal Employment Opportunity Commission) who enforces Title 1 of the ADA has filed a suit against Resources for Human Development because it discriminated against an obese employee when she was fired. Prior to this the EEOC only recognized obesity when there was an underlying medical cause or it was was considered morbidly obese. The EEOC now claims that “basic obesity”  sufficiently impacts a person’s life activities to qualify as a disability or perceived disability.

The woman the suit is filed on behalf of (she is now dead) was able to perform all the essential functions of her job. She was limited physically by her weight and it was for this reason she was fired. It is because of the perception that she was disabled by her disability on account of her disability that it falls under the protections of the ADA.

So is this a good thing or a bad thing?  I have my reservations. Will this mean that over 50% of Americans are now considered disabled? While discrimination against people on account of weight should be illegal (it is in Michigan), I am not sure I want it to be considered a disability.

Morbid obesity is rarely, if ever, a choice. I do think that morbid obesity should qualify as a disability under the ADA. But when a person is “pleasingly plump” and it is a lifestyle choice, I don’t think that is  disability. So where do you draw the line in the sand?

I guess the EEOC’s suit No. 2:10-cv-03322 in U.S. District Court for the Eastern District of Louisiana has drawn the line and most American’s are on the disability side of it.