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August 22, 2005
Access burnout
A story on the Roanoke (VA) Times website yesterday (Sunday, Aug. 21) tells us that in the community of Blacksburg, VA, "aging buildings and misconceptions about disability laws exclude customers." This story is another in what by now must be a genre: articles describing the many barriers encountered by an individual in a wheelchair going about in the community. Usually with this type of story, the reporter goes along with the wheelchair user and marvels at the many places that continue to have steps, heavy doors and so on.
Fifteen years after Congress passed the Americans with Disabilities Act, shops and restaurants in Blacksburg, as in many places across the country, remain off limits to people with disabilities, more than 11,000 of whom reside in Montgomery County [VA]. Meanwhile, many business owners labor under the misconception that they are exempt from the accessibility rules -- until someone files a complaint or a lawsuit against them.
What interested me was Renee Brown, the wheelchair user who's the focus of this story.With reporter Tonia Moxley in tow, Brown visited Joe's Diner: "But she never got through the door," Moxley wrote. "Like many businesses in the heart of Blacksburg's historic district, the restaurant's threshold sits several inches above the sidewalk, forming an impenetrable barrier to a motorized wheelchair." Moxley's story continues:
It's a problem Brown has dealt with all her life. She doesn't rant and rave about the limitations.
"But it don't make me real happy, let's put it that way," she said. And it's never made her mother, Karen Brown, happy either. She's complained for years at stores, restaurants and even federal buildings. She remembers one day when her daughter was about 6 years old. A trip to the Main Street post office in Blacksburg became an exercise in inaccessibility. She had to heft her daughter up the long bank of steps leading to the post office door, leaving a stroller behind.
And then, a few paragraphs down:
Karen Brown still watches her daughter run into obstacles every day. But she complains a lot less.
"I'm kind of burned out," she said. "Especially when you go back to a place and nothing has changed."
The story goes on to talk about suits that have been filed elsewhere; it quotes businesses saying the usual things -- that access costs too much; that there "aren't enough incentives" to make it worthwhile (a federal law, I suppose, isn't enough incentive). There's an independent living center staffer saying the usual stuff, too -- that stores should "get creative" in how they serve disabled shoppers (!) and that making businesses accessible will bring in more customers.
Same old, same old... and I am left with my thoughts about Renee Brown and her mother. Renee has "dealt with it all her life." She "doesn't rant and rave." Mom is "kind of burned out."
Against this backdrop I recall Sam Bagenstos blogging back on June 19 that a California lower court had basically ruled that an attorney couldn't collect fees in an access suit against Taco Bell. The judge said that the person filing the suit hadn't sent Taco Bell an "unambiguous warning" in advance, and hadn't given them a chance to correct the problem. Not that the law required them to do so -- it was just something this judge thought should have been done.
As Bagenstos points out, this is really only another effort -- by a court this time -- to give business still more "warning time" before they have to do anything to obey what is by now a 15-year-old federal law. It's akin to the ADA Notification Act -- which so far hasn't made headway in Congress, but which keeps being re-introduced.
I hear that the attorney in this Taco Bell suit is appealing this ruling, but my point is not about whether this ruling ultimately is overturned or not -- my point is about the ongoing frustration about the lack of access. Renee Brown's "doesn't rant and rave" sticks with me; as does her mother's "kind of burnt out." Businesses against you; judges against you -- who is for you, I wonder? I'm sure I would feel burnt out as well. I'm sure I'd stop ranting and raving, too, after awhile.
What I really want to try to understand is why there is so very very little national outrage -- on the part of nondisabled people as well as disabled people -- about the ongoing problem of access -- a problem that a 15-year-old law was supposed to clear up. I want to try to understand why people don't rant and rave; why they give up. And I want to see if there is any way -- any way at all -- that any of this can be changed.
But I'm not sure where to look.
COMMENT-AUTHOR:
COMMENT-DATE:8/24/2005
COMMENT-BODY:As a wheelchair user, my answer to "giving up" is basically that I feel I have to choose my battles. If I were to complain about every barrier I encounter in an average day, the only thing I'd be doing all day is complaining. As much as I want to have better access to everything, I also want to live my life - I don't want to be a crusader all the time. If the barrier is interfering significantly in my daily life - such as in a job situation - I raise all the hell I can muster. But if I'm out shopping or something and a doorway is too narrow, am I going to complain loudly, call city hall, etc.? No. It takes too much out of me emotionally and time-wise, and the benefits I may reap aren't enough for me to bother.
So many people see me struggling out and about every day and say things like, "There really ought to be a push button on that door!" or "I don't know why they don't have an elevator!". Duh. I wish more people would pass on that information to someone who doesn't find it obvious, like the businesses who are causing me the problem. I don't think the problem is so much that people aren't aware - I think a lot of people are - the problem is apathy. People often don't feel outraged enough to do something about it. Which is not a general statement - I've been very moved by what friends and family have done on my behalf to make the world more accessible for people like me. But I'd really like to see more people care enough to really try to do something about it.
COMMENT-AUTHOR:
COMMENT-DATE:8/24/2005
COMMENT-BODY:The term "rant and rave" and others like that are always used in articles that porport to be siding with the person who is disabled.
Its like the words "carousing or gallivanting around town" when in all reality we were on our way to the grocery market or to the local library. Or even a nice ride in the evening.
The problem with using terms like this is, it misrepresents what and how we go about dealing with the given situation. It also casts people who are disabled as though we are 'inciting riots' or 'disturbing the peace' to such a degree that we are just basically 'unlikable' and even 'spiteful' when we politely request accessibility.
Sadly, this reporter even sees polite complaining and requesting accessibility as "ranting and raving."
I know for myself, there have been numerous occasions that I've requested a ramp, or a curb cut or even sidewalks and when the story is told by the one who was requested, it comes out as "she ordered us!" or if it actually comes to a dialogue about this access, it is reported to others as "she threatened and was impossible to work with" "her attitude, as if she has the right to ask such a thing!" and many other stereotypes to shed me, my integrity, my honesty, my sincerity, my kindness and my upfrontness in a very dark shade of altogether unworthy of even speaking with.
Why is it when we request what is Lawful, the story that hits the media most always uses words that put us in a dark light? This immediately turns the reader of the article against the one who is disabled. Words are powerful and can be very poisonous.
It shows the bias in neon lights, yet will the media or others somewhere along the line, begin to watch how they word things even if this bias in them is pointed out? So far, in very few instances has it ever played out to our advantage.
Same with the mother in this story. I'll quote just this part and comment a bit:
"But she complains a lot less.
"I'm kind of burned out," she said. "Especially when you go back to a place and nothing has changed."
That paragraph alone lets all the businesses in town know that if they ignore a situation long enough, the person will:
1-Complain a lot less
2-Get burned out
And why? Because....
"Especially when you go back to a place and nothing has changed."
It's almost a secret code or something to the businesses in how to wear us down or get away with doing nothing. This is how to report these types of stories when there is bias in your heart already as a reporter.
And Mary, you wanted to get to the bottom of why...
Well, to be truthful, it does get old to continue asking but that doesn't stop me from asking. Nor will it stop me from attending city council meetings and making mention of these issues with anyone I speak with. If we all give up, we will never ever have the access we need.
Personally I'd love to be a part of society and be able to enter any place I'd like or to just take a joy ride on my power wheelchair without the hassle of riding in the street, dodging potholes, being pulled over by policemen (which has been done to me more than once) because I was in the road where there were no sidewalks.
It would be wonderful to not have to watch out for telephone poles, bus stop benches, trash cans, and cars where there are sidewalks. It would be wonderful to get onto a sidewalk without having a hard jolt from the one to two inch cement between the tar on the road and the curb cut to get onto a sidewalk. It would be nice to get on a sidewalk and not have it end abrubtly into dirt, sand or a big gap impassable on a wheelchair.
There's so much more to be said on accessibility and where we "can't" go at present in this world.
No, I'm not giving up.
However, until the company who sold me my wheelchair comes to fix it, which they refuse, my wheelchair is now only good within the confines of my apartment and this keeps me from even checking my mail.
Oh sure, I called Social Security and we had a 3 way call and the company outright refuses to replace my motors and Social Security tells me there's nothing they can do about this.
When the motors finally stop soon, I have over a year to wait for another wheelchair--IF I can get another one these days with the budget cuts and all. And no attorney will help, But that's another story altogether I suppose.
The above commentor, Susan, has spoken correctly too when she mentions "apathy." Much of our society is apathetic and those who are not have no more power than we do to get things done unless we all join ranks and begin a nationwide protest--disabled and able bodied together.
Susan, you are blessed to have people to help you. And I'm with you that if we could get enough people who cared enough together--I'd like to see that also. Wouldn't that be great?
Does that help at all Mary? Even though there's much more that can be said.
COMMENT-AUTHOR:
COMMENT-DATE:8/24/2005
COMMENT-BODY:Please excuse the typos above--
COMMENT-AUTHOR:Mary Johnson
COMMENT-DATE:8/24/2005
COMMENT-BODY:Susan wrote,
" If I were to complain about every barrier I encounter in an average day, the only thing I'd be doing all day is complaining."
You're not alone, Susan. I have heard this so often from crip activists... I know it's true. But what a statement it makes about our society! I think much of the public believes that now that "there are laws", things "are so much better for the disabled." In other words, "it's all been taken care of." How wrong they are!
COMMENT-AUTHOR:Susan
COMMENT-DATE:8/25/2005
COMMENT-BODY:They are very wrong - the ADA feels like a patronizing pat on the head to me. Don't get me wrong - I'm eternally grateful for it and without it, I'd probably be a shut-in - but it just doesn't cut the mustard. People largely ignore it or don't understand it or just don't care. Restrooms are designed by people who think throwing a grab bar into a tiny stall makes it accessible...and according to the ADA, they're often right! Ramps are put behind buildings, accessible parking spaces are put farther away from the building than other spaces...the list goes on and on. It really makes me angry.
So much so that I have just started a blog to vent my anger in! You've inspired me. Here it is:
http://theangrygimp.blogspot.com/
Feel free to link to it!
COMMENT-AUTHOR:
COMMENT-DATE:8/25/2005
COMMENT-BODY:Susan,
You've hit the nail on the head alright. Society does believe that now that we have the ADA, everything is just hunky dory. How little they understand our daily obstacles--each and every single day. Those you have named are just the tip of the iceberg.
It's also true that when we do complain and ask for compliance, we are met with loathe and harsh words or mocking laughter. It is very tiring, no doubt about that, but I still won't give up. None of us should if we want genuine accessability.
Now I'm about to check out your blog.
COMMENT-AUTHOR:imfunnytoo
COMMENT-DATE:8/25/2005
COMMENT-BODY:Susan and Mary wrote:" If I were to complain about every barrier I encounter in an average day, the only thing I'd be doing all day is complaining."
The thing that strikes me about this is that those of us with the least time or energy to use "complaining" are the ones that are forced to do it, because few of the able in power 'get it' enough to move things forward.
Mary said,
"You're not alone, Susan. I have heard this so often from crip activists... I know it's true. But what a statement it makes about our society! I think much of the public believes that now that "there are laws", things "are so much better for the disabled." In other words, "it's all been taken care of." How wrong they are! "
I now have new "crip guilt," when I can't make it to a meeting or physical problems make it problematic to attend an event.
Email is a good tool to connect with those in power if you are partially homebound...it's not enough, but it is a start.
I'm going to your blog also Susan :)
COMMENT-AUTHOR:
COMMENT-DATE:8/26/2005
COMMENT-BODY:Imfunnytoo,
Thank you for saying this:
"Email is a good tool to connect with those in power if you are partially homebound...it's not enough, but it is a start."
That's precisely what I've been doing. At least it's something and somewhere in here I feel like it can help make some changes. That's my hope anyhow.
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Posted by mjohnson at August 22, 2005 03:03 PM