I published this article on AC the other day to vent my frustration about apparently non-disabled people who make use of the accessible stalls in the presence of people who need them. This is a primer on what NOT to do in the Loo.
Public Restroom Etiquette and the Wheelchair Accessible Stall
Last week our disability community in Rochester said enough is enough! We were so sick and tired of dealing with RGRTA and their shenanigans that we organized a protest. Folks who use wheelchairs are still being passed up at bus stops. Lift Line users are still being denied rides. It is well know that RGRTA doesn’t deal well with folks who complain about them, particularly if you work for, or are in any way associated with CDR.
Want to know what happened? Find out here.
For the third year in a row, CDR (and I) have tried to illustrate the problems that people with disabilities, particularly, those who use wheelchairs, encounter when trying to navigate snowy sidewalks. In February, 2007, the Mayor and the Commissioner of the Department of Environmental Services (DES) came to CDR, got in wheelchairs, and tried to get through the snowy sidewalks. Of course, it wasn’t happening! The Mayor was so struck by his experience that he allocated more money for snow removal in the city budget. Last year, about the same time, Chris and the Mayor did an op-ed piece in the Democrat and Chronicle, our local newspaper, asking neighbors to be good citizens and clear the sidewalks on, or near their property. On Monday, January 5, 2009, R News (Channel 9 on cable), one of the local cable stations, did a piece about this same issue.
By now, I am really frustrated. Here are my thoughts on the matter:
What I really hope is that the city begins enforcing its own policy. I know that they want fines to be a last resort, but as I said to the reporter, people will follow the city’s lead. No one will take the city seriously on this unless they get tough. Otherwise, we’ll be hearing about a tragedy, and I don’t want that to happen. Somehow, though, I feel that a tragedy is what it will take for the city to open its eyes, and get serious. The message that I take away is that people with disabilities truly don’t matter. Yes, there is more money allocated in the budget for snow removal, but people must understand that it is also their duty to remove snow, and if they can’t do it, they have to see if they can get it done for them. More important, the city, itself, must abide by it’s own rules! The city must clear the sidewalks around any property that it owns, including vacant property. People will not clear the snow if they know that the city is not doing it’s part. Once the city begins doing it’s part, then, they’ll be able to fairly enforce the policy, and hopefully, people will get serious.
Anyway, here is the link to the news story:
http://www.rnews.com/Story_2004.cfm?ID=68231&rnews_story_type=18
In case you can’t get to the video, or you are Deaf, here is the text:
City Streets Discourage the Disabled
In the dead of winter, many of us spend most of our time indoors – most times from the house to the car and back inside.
A group of folks forced to spend more time outdoors to get around is having problems in the City of Rochester. City residents could be unknowingly making it difficult for the disabled.
“To travel in the street? It is extremely scary,” Anita Cameron of Rochester said.
Cameron gets around the only way she knows how.
“People yell, they scream ‘get out of the street’,” Cameron said.
Wheels on a wheelchair spin out just like those of a car. It’s a problem the disabled, like Cameron, find challenging in a western New York winter.
“I have to wait for the bus right here because there is no way we can get on. The last time I did this, I had the police called on me and I was considered a danger to myself,” Cameron said.
City streets are the city’s responsibility right? Not so fast. According to a Rochester snow ordinance, shoveling is up to you.
“The property owner or the first floor tenant must keep the sidewalk area free of snow and ice,” Neighborhood Empowerment Teams Director Molly Clifford said.
An ordinance the City of Rochester says can cost you up to $75 if not followed.
“That’s really a last resort for us. We really want people to take a proactive step and keep their sidewalks shoveled,” Clifford said.
The city plows sidewalks as long as there’s more than three inches of snow. Fine print in the rulebooks Cameron believes needs to be even clearer.
“I think that the city should begin enforcing its own policies because otherwise there’s going to be a tragedy,” Cameron said.
In case you don’t remember what the Boulder Coffee issue is about, this is the venue where one of the community discussions on health care reform was held on December 30th. The place was inaccessible to people who use wheelchairs, and one of the employees had to use a creative method (plywood board) to get me in so that I could attend the meeting.
This morning, January 8, 2009, I received an e-mail from the Regional Manager of Boulder Coffee. Here it is:
Anita,
My name is Dan Cepullio and I am the Regional Manager for Boulder Coffee Co. Rochester, NY.
I wanted to take the opportunity to introduce myself and also to let you know that we are in the process of working on the accessibility ramp that will allow for a much easier entrance and experience at our Brooks Landing Location.
If you have any other questions or concerns you can direct them to me at (I removed the e-mail and phone number).
Thank you for your time Anita and I hope to see you at the store,
Dan Cepullio
Regional Manager
Boulder Coffee Co
Rochester, NY
I immediately called him after receiving the e-mail. Here is the gist of what was said:
They have already drawn up the plans, and are procuring the materials. Dan states that the ramp should be completed in two weeks. The ramp will be near the back entrance (there are right-of-way issues with the sidewalk out front), but there will be clear signage at all entrances pointing to the accessible entrance.
Needless to say, I am pleased — that this is being done in a timely fashion (yes, this should have been done BEFORE it opened, but better late than never), and I didn’t have to fight with anyone.
Dan will contact me to let me know when the ramp is finished. I’d like to do a press conference with them when it is completed, so I’ll keep in touch with him.
It’s been so busy (seems to be the story of my life these days), but I had to pause, and take time out to let everyone know what has happened in the Tops saga. On January 6, 2009, Tops installed a new, ACCESSIBLE cart barrier! Terrie and I tested it, and we loved it! I will be working with folks here at CDR, along with Rocco Marcellino, the Upper Falls Tops store manager on a joint press conference as soon as possible. I’ll keep you updated.
For the past few days, the Obama Transition Team has asked for community discussions on health care reform. There have been several in Upstate New York, including two here in Rochester. I attended one of these meetings yesterday, and I am still fuming! Let me tell you what happened, and please note that part of the story is taken from an email that I sent to Chris and Diane.
Yesterday evening, I attended the Health care reform community discussion meeting–or shall I say, I tried to. The site, Boulder Coffee, located at Genesee and Brooks, is inaccessible to people who use wheelchairs! There is one large step at each entrance to the shop. I asked for the manager, who was very apologetic, and looked around, and found a plywood slab, and I was able to gain access. Unfortunately, that solution would not have worked for someone using a power chair; the slab was too flimsy and lightweight. Further, the meeting was set to be held upstairs, and the building has no elevator. I told Emily Queenan, the organizer of the meeting, that I wanted to attend, so they held it downstairs.
To say that I am livid would be a vast understatement! This site was part of the original Brooks Landing project, and since the building was renovated, should not have opened without being accessible. They seemed to believe that the ADA says that they don’t have to be accessible because they did not receive federal funds, but I told them that they are wrong. The building is a public place that can be made accessible, and by federal law, it must be. I left my card with the manager to give to the owner, but this is not the last that they will hear from me!
I would like to write two letters-one to the Obama Transition Team because if this was done under their auspices, they must know that these meetings are being held in inaccessible venues. After all, if yesterday’s site was inaccessible, there is a fair possibility that other sites used for these meetings were inaccessible, as well. I’d also like to include the state Democratic Party representative as a recipient of this letter.
The other letter would go to the Mayor, Molly Clifford, John Borek, who is the Sector 4 President, and of course, the owner of the business (perhaps, that should be a third letter). These folks have to understand that the ball was dropped regarding accessibility, and that is unacceptable!
RA’s note: Some of you, Gentle Readers, might be familiar with Brooks Landing and Sector 4. I wrote fairly extensively about it last year, when Sector 4 held its Brook’s Landing project unveiling at an inaccessible location. You’ll remember the letters that I wrote to the Mayor, the aforementioned John Borek, and others, and how that led to Sector 4 holding a another unveiling at CDR. There was follow-up between CDR and the architects, as well as the city on the Brooks Landing project, with input from us on how to make certain venues within the Project fully accessible. Honestly, I though that we had made some inpact. WRONG!!
Let me say it again. I am livid. Fuming. Furious. Outraged! Furthermore, I am tired, okay? I am simply tired of the same apologies, tired of the stupid excuses, tired of being made to feel that I am being unreasonable, tired of my community being rendered invisible, and tired of having to put up with discrimination when there are laws in place that are supposed to protect us. I am tired of the fact that my people are an afterthought, at best, unless we are present, and even then, sometimes are still unconsidered unless we speak up. I’m tired of the verbal (and sometimes literal) pats on the head that I get when I introduce myself, or speak of my accomplishments in nondisabled settings. Frankly, I am tired of having to bite my tongue, and be professional when I am raging inside, but I know that if I say what is truly on my mind, people won’t see me as Anita Cameron, Systems Advocate with the Center for Disability Rights. They’ll see me as an Angry Black Disabled Woman, and treat me as such. What is especially tiring for me is the constant fight that I and other disability rights activists must engage in every day without fail, and without end. I can’t give up, though, because I am not fighting for me alone, but for every person with a disability who cannot fight for themselves, who dreams of a better world, who, themselves, has given up. It’s not about me, so, in the words of the Mozambique and Angola Freedom Fighters, “A luta continua” (the fight continues) because, in the words of Nelson Mandela, “The struggle is my life”, so I will, in the words of Justin Dart, “Lead On”!
Today, Terrie, Lisa, and I went to check out the structure at Price Rite, and took pictures and video, and measured the posts, and its barriers, as well as the carts. We then reported to Rocco Marcellino about the access, and how a mere two inches in the structure would allow unfettered access for people who use wheelchairs. He studied the video and pictures, and gave his own input, describing the plan for access. He was very excited, and hopes to have his project done by the end of next week.
Incidentally, the gate at Tops was locked, and there was no one there. However, by the time I got out of the van, the guy was there. I did take pictures to show Rocco when he asked, and of course, he did. I told Rocco that the poor guy was out in the cold, and probably wanted to warm up, which was even more reason to put the accessible structure in. He agreed.
After this, we’ll be making a call to Price Rite, since their access changes will be miniscule compared to Tops.
We had our meeting today with representatives from Tops stores. It actually turned out well. Diane was there, and so was Lisa. Rocco Marcellino, the manager of the Upper Falls Tops, and Robin Perrone, a Service Specialist, came to meet with us. During the meeting, ideas were presented regarding access. It was agreed that a structural change would be made to to the gate area that would eliminate the gate, but provide cart security and access for people who use wheelchairs. In the interim, if staff are not available to be at the gate, it will remain open. We all agreed that this change is satisfactory, and will work to see that it is done in a timely manner. Folks from CDR will periodically check to make certain that the interim solution is working, and inform Tops officials if it is not. I have been asked to be a contact person for Tops if there are questions, or if other problems or issues should occur.
Here is the letter that I received from Tops after our meeting:
Ms. Anita Cameron,
I have met with Paul Hetzel, the District Manager, who agrees that to implement the barrier poles as at the Price Rite store, is a good solution.
Rocco and Paul will be speaking with the necessary corporate associates, this afternoon. We are all also in agreement that in the interim, if an associate is not available at the gate, at the Upper Falls Tops, the gate will be unlocked.
I would like to thank you for your time today and for bringing this important issue to our attention as well as helping us to understand how to look at this from the view point of our customers with disabilities. All of our customers are very important to us and to the success of our business.
I would appreciate very much if you would allow me to utilize you as a contact in the future if I should have any questions and would very much appreciate if you would contact me if you should notice any other opportunities in our stores that may hinder those will disabilities from having an enjoyable shopping experience.
Sincerely,
Robin Perrone
Service Specialist
Tops Friendly Markets
Here is the letter that I wrote to Tops in response:
Ms. Robin Perrone,
I would like to thank you and Rocco Marcellino for coming to meet with me and my colleagues regarding the access issue at the Upper Falls Tops Store. We are happy to know of the plan to implement the barrier structure at the Price Rite store as a solution that encompasses cart security and access for people who use wheelchairs.
We also agree that in the interim, if an associate is not available at the gate at the Upper Falls Tops, the gate will be unlocked.
I am unsure what the procedure is for implementation of the new structure, for example, if you first build a model of sorts, test it, then build the actual structure, but my colleagues and I would like to test the new barrier as you are installing it. The main reason for this is due to the difference in the area and floor plan, if you will, of the Tops and Price Rite stores. Also, it is good to test this out with people who use different types and models of wheelchairs. Since I have never been to the Price Rite, I plan to go there with a colleague tomorrow to test it out. I will immediately report my findings to Rocco Marcellino so that he and Corporate will have direct input.
I will be happy to be the contact person if you should have questions, etc, in the future, and I will be more than happy to let you know of any ways that Tops Friendly Markets can help people with disabilities to have a more pleasant shopping experience at Tops!
On a final note, I was wondering if, when the new accessible barrier is installed at the Upper Falls Tops, my team and I can join with you, Rocco Marcellino, and Paul Hetzel in a joint press conference? It would be great to put the news out there that Tops cares about all of it’s customers!
I look forward to working with you!
Anita Cameron
I am awaiting a response from Robin, and wiil keep you abreast of things. There seems to be a genuine desire on the part of the folks at Tops to work with us to resolve this to everyone’s satisfaction.
I had an incident happen to me at a local grocery store called Tops Friendly Market. The explanation is in the e-mail that I sent out to everyone in the office, and some folks in the community. Here goes:
Hello Everyone!
Have you, or your consumers, or your constituents ever gone to a grocery store and found that you couldn’t get inside because the poles surrounding the store were to narrow for your wheelchair to get through, and the gate was locked?
This happens more often than we realize, especially in economically depressed, or poor neighborhoods. What the stores are trying to do is prevent the theft of the shopping carts, which they say are quite expensive. One way of preventing theft is to put closely spaced bars around the store, and install a gate in the midst of the bars so that someone who uses a wheelchair can enter. They then assign someone to watch the gate.
The problem arises when the person assigned to the gate is not there to open it, and the person using a wheelchair has to wait for someone to come open it. This happened to me recently. I went to the Tops Store located at Clinton and Upper Falls Blvd around 9:00 am on Saturday, December 6, 2008. When I arrived, the gate was locked. My partner went into the store to look for someone while I waited in the cold. I watched as people who were able to walk slipped between the bars and entered the store, while I had to wait. The unfairness of this hit me on a number of levels-I, a middle-aged African-American woman in a wheelchair, waiting at the Jim Crow entrance.
When I was finally able to get in, I spoke with the store manager, who explained that the person who was supposed to open the gate called in sick at the last moment, and the person who replaced him went and did some other duty. I invited him to meet with us to come up with some ideas on how to achieve access fairly. I believe that access and security are NOT mutually exclusive. People with disabilities should have real access to businesses. Sometimes, mere accommodations do not work. Access is the key to equality!
Representatives from Tops will be here at CDR on Monday, December 22, 2008, at 9:30 am. Join us to let them know how important true access is to you, and give them some ideas on how to make this happen. Let me know if you’ll be able to come. Contact me at 585-546-7510 or acameron@rochestercdr.org. We are located at 497 State Street, and are accessible to folks who use wheelchairs.
Together, we can create change!
Thank you,
Anita
RA’s note: We have had some awful weather in Rochester over the weekend, so the meeting date has been changed to Monday, December 29, 2008 at 10:00 am at CDR. We will be meeting with Robin Perrone with Customer Service, and Rocco Marcellino, the store manager whom I’d previously spoken to.
You know, there’s something about all this that gets to me. In talking with people at CDR, and in the community, as well as the folks at Tops, this issue has been going on for a long time, and the way that other grocery stores have dealt with this is to move out of the area. Here in Rochester, there is really only one grocery store that people can go to in the Downtown area, and it is that Tops store where I had the incident. As noted in the letter above, the corralling of grocery carts typically occurs in low income neighborhoods, though not always. There is a Tops store near CDR that doesn’t have the cart corrals. What bothers me is when everyone keeps saying that they have to do it that way, or they’ll have to move out of the area. Tops officials have told me that the cart are expensive, about 6,00 dollars apiece, and so they can’t afford to lose them. Further, they say that each time one of their shopping carts is found by the city, they are fined. Therefore, they have to corral them. Ok, I don’t have a problem with that. My problem is that they have chosen a security solution that inhibits access to the store by folks who use wheelchairs. They feel that it is cheaper to have the gate there, and pay someone to be there, then to adopt a security method that may cost a bit more, but is more effective, and won’t impede access. What is especially galling is that Tops is crying poor, but they have 158 million dollars available for renovations!
One of the things that we hope to accomplish is to brainstorm ways to come up with a security system that is cost effective, yet accessible to people who use wheelchairs. Barring that, the only thing that we can resort to is the Americans with Disabilities Act, which has several sections related to this issue:
Title III of the ADA governs public accommodations and services operated by private entities. This includes shops, hotels, theaters, gas stations, and restaurants, and other businesses. Section 12182 of Title III states that:
“No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.”
“An individual or entity shall not, directly or through contractual or other arrangements, utilize standards or criteria or methods of administration
(i) that have the effect of discriminating on the basis of disability; or
(ii) that perpetuate the discrimination of others who are subject to common administrative control.”
For purposes of subsection (a) of this section, discrimination includes
(i) the imposition or application of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations, unless such criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages, or accommodations being offered
I was told by the Department Of Justice that this ADA provision could be applied to our case, particularly since the accommodations offered are ineffective. I know that in at least one other city, people with disabilities have prevailed in this issue.
More to come…
RA’s Note: Yesterday was Election Day, and I wrote this after I voted. A cleaned, more refined version of this will appear on the CDR blog.
Most folks who know me know that I have strong feelings when it comes to voting. I feel that as an African American, it is my duty to vote because people died so that I could have that right. I haven’t missed a vote since I was 18 (I’m 43 now), and I’ve served as an election judge and poll worker in several states, and the District of Columbia. The importance and potential historical aspect of this election served as an even stronger motivation for me to get out and vote even though I am recovering from surgery. I wasn’t going to miss this for the world!
My partner and I saddled up early, and arrived at the polling place about 6:30. My polling place is Salem United Church of Christ, located at 60 Bittner Street, only a few blocks from my place. This is my regular polling place, so I knew that I’d be on the books. I’d previously voted at the Center for Disability Rights because prior to this election, CDR was the only polling site that had an accessible voting machine. Now, with the state slowly crawling into compliance with the Help America Vote Act (HAVA), there would be an accessible voting machine at every polling place, and CDR would no longer serve in that capacity.
The polling place was wheelchair accessible via a wooden ramp, and I was able to get in the door by myself, even though the ramp and the doorway were narrow. The voting area was a small room; it looked like the only accessible part of the church. There was a very short line, and everyone was being asked for ID, which set off a red flag for me.
Election inspectors quickly found my name, and I signed on the dotted line, but the fun began when I asked to use the accessible machine. There was hemming and hawing, and a flurry of activity, and finally, I was told that I’d have to wait because the machine wasn’t ready. “Why isn’t it ready”, I asked. “The machine is supposed to be set up, and ready when the polls open”. “Well, this is all new, an experiment”, replied Vicky, one of the election inspectors. “We don’t know how to use these machines. They’re brand new”. “What if someone else wanted to use the machine before I came”, I countered. “Oh, it’s only for the disabled”, said Vicky. “No”, I asserted. “It’s for anyone who wants to use it, not just for us. The New York State Board of Elections decided that months ago. If you do this, you’re separating my vote. This is segregation, Jim Crow, Apartheid stuff”! “That’s an interesting attitude you have about this”, mused Vicky. “It’s true”, I replied. “It’s a separation of our vote. People will know automatically that everyone who voted on this machine is someone with a disability. This is not good. Will our vote even be counted”? “Oh yes”, said Vicky. “Today, along with everyone else’s?” “Yes!”
I took a deep breath. I really didn’t believe her, but I wanted to get this over as quickly as I could. I knew that I’d be making calls to CDR, and the Monroe County Board of Elections later on, so I decided to pay close attention to what happened while I was here.
Presently, I was led to the accessible machine. Apparently, they’d gotten it ready during my exchange with Vicky. I was advised that the process would take 30 minutes. Of course, I was not pleased! Then we started.
Let’s just say, the experience was not pretty! First, I felt a stab of fear as I noticed that the voting machine was about a foot from the stairs! Vicky, and Mary, another election inspector, promised that they wouldn’t let me get hurt. Then, they set up the machine-or they tried to. It kept telling me that the ballot was unreadable. Neither Vicky nor Mary knew how to operate the Ballot Marking Device, or BMD. They kept referring to the manual. Finally, Mary tried to call in for help, but couldn’t get through. Vicky finally called her husband, who tried to walk her through the process. It turned out that they were loading the ballot in the wrong direction, and they had not entered the proper number. Finally, I got to vote. The actual process took only about 10 minutes-still too long for me, since I’ve been known to get through voting on an electronic machine in 5 minutes, or less! When I went through the review process, strangely, I had to vote again! The inspectors tried to take my ballot, but I told them that I hadn’t yet cast my vote. We went through the review process once more, and when Mary went to take my ballot, I said “Wait”! I then hit the green “Cast” button, my ballot slid into a box, and the number on the machine went from 0 Voters, to 1 Voter!
Whew, it was FINALLY over! Too bad it felt like pulling teeth.
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