{"id":321,"date":"2014-04-01T12:07:50","date_gmt":"2014-04-01T19:07:50","guid":{"rendered":"http:\/\/debbiepetrina.authorsxpress.com\/?p=321"},"modified":"2014-04-01T12:07:50","modified_gmt":"2014-04-01T19:07:50","slug":"how-to-handle-an-ada-violation-if-disabled","status":"publish","type":"post","link":"https:\/\/debbiepetrina.com\/?p=321","title":{"rendered":"How to Handle an ADA Violation if Disabled"},"content":{"rendered":"<p>April 1, 2014<\/p>\n<p>When living with a physical disability, \u201caccessibility\u201d is an important word. It is a word that transforms the word <em>inability<\/em> to <em>ability<\/em>. For example, making a bathroom accessible for a wheelchair user breaks down the barriers that give the person freedom and dignity.<\/p>\n<p>The American Disability Act was created and passed about twenty-five years ago that opened doors for disabled people in so many areas like public establishments and transportation. Standards were set. I know personally how important things like curb ramps, handicap parking, ADA equipped bathrooms and bus lifts are\u2014I would be confined to my home in my wheelchair if it wasn\u2019t for these accommodations. The Act states:<\/p>\n<p style=\"padding-left: 30px\"><em>The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress.<\/em><\/p>\n<p>So many places of the U.S. have done a great job in conforming to these standards. But it\u2019s not a perfect world of course, and many old cities or establishments cannot comply completely. I understand this, and don\u2019t make a fuss when something realistically cannot comply. However, there comes a time when there is a clear violation of code that is inexcusable and action needs to be taken.<\/p>\n<p>I called to book a hotel room yesterday, and when I requested a handicap room, I was asked whether I wanted the handicap room with grab bars in the bathroom. Asking to clarify what this meant, it was explained that standard handicap rooms can fit a wheelchair in the bathroom, but there were no grab bars. If I needed grab bars, I would have to reserve a handicap &#8220;accessible&#8221; suite, which was $10 more. These were the only rooms the facility had for a person needing grab bars in a bathroom!<\/p>\n<p>Time for action. This is so wrong\u2026<\/p>\n<p>I called the ADA and they said that the hotel was in clear violation; if the manager of the hotel had any questions regarding this, they should call the ADA to inquire about their obligation. My choices? I could file a complaint in writing to the ADA for possible action from them toward the hotel, or file a suit against the hotel myself.<\/p>\n<p>The agent informed me that every complaint they receive is evaluated. She assured me that even though the ADA receives so many complaints, I <em>will<\/em> get a response. She added that it is important to notify them in situations like this; but depending upon if, when and how the ADA will respond to the violator is another matter. If they receive multiple, valid complaints of a clear violation, they <em>will<\/em> proceed directly to the violator.<\/p>\n<p>There were some large hotel chains that recently received major fines from the government for handicap accessible room violations.<br \/>\nI called the hotel back (The Extended Stay next to Boston Logan Int\u2019l Airport) and told them about their violation of the room and my call to the ADA agency. The manager wasn\u2019t there, and was told by the hotel agent I could just \u201ctake it or leave it\u201d in a snippy tone, and to follow up with the manager later. I needed the room and the $10 extra was only a big deal in principle for me.<\/p>\n<p>I plan to write a complaint to the ADA agency. However, I will defer writing to the ADA or calling back this hotel before I stay there. I don\u2019t trust saying anything more to the hotel beforehand, as I may find my room was \u201cgiven away\u201d when I show up.<br \/>\nIn addition, I will speak with the hotel manager at check-in or check-out to discuss this in a civil manner. Maybe I\u2019ll get $10 back, but more importantly future guests should not have to pay $10 more for a handicap bathroom with bars. I\u2019ll show her this blog post.<\/p>\n<p>Here is the link to the American with Disabilities Act (ADA) guidebook <span style=\"color: #0000ff\">http:\/\/www.ada.gov\/cguide.htm#anchor62335<\/span> . The standards were updated in 2010-2012, so make sure that anything you read is the updated standard with that year on it.<br \/>\nThe direct number is 1-800-514-0301. The agent I talked to was extremely patient and knowledgeable. This is the same number that could be given to the code violator if they want to inquiry about their ADA obligation(s).<\/p>\n<p>To file a complaint, write up the issue with detail and email it to <span style=\"color: #0000ff\">ada.complaints@usdoj.gov.<\/span><\/p>\n<p>While this particular ADA issue with the grab bars was something the ADA said they will follow up with, there are many other situations where they are the \u201cestablishers\u201d but not the \u201cenforcers.\u201d For example, while state\/city levels have to conform to the number\/size\/etc. of handicap parking places according to the ADA, it\u2019s up to the local governments to enforce the law.<\/p>\n<p>If you are in question as to what to do and who to follow up with about something, call an ADA agent at the above number. I asked about how photo ID cards could be issued\/carried by legitimate handicap placard\/plate holders to defray HP abusers, and was told this is something that I would have to pursue with a state\u2019s Department of Motor Vehicles. (Btw, the agent I spoke with indicated many people have called to inquire about this!)<\/p>\n<p>Some things we have to swallow. For example, when I asked about the extremely high beds that are in handicap hotel rooms, the ADA agent explained that unfortunately, there are no codes regarding moveable furniture these hotel rooms. So if I happen to get a handicap room with a high bed, I have to nicely ask the hotel manager if they could remove the base. (This did this for me at several places.)<\/p>\n<p>Personally, if a valid problem is encountered, I think it\u2019s worthy to pursue an action and\/or a solution. That\u2019s how things get done. And there is strength in numbers. But I would add that <em>what<\/em> you say and <em>how<\/em> you say it is extremely important in achieving that solution. I have stayed in many hotel rooms that needed modification and hotel managers welcomed comments\/suggestions and even gave generous rate reductions for any inconvenience I may have encountered. Sadly, hotels will book a handicap room to a \u201cnormal\u201d person at the last minute just to fill the room. It has happened to me before, and others that I know in my position. When it happened to me, I nicely asked to not be charged for a room that night, and my request was granted.<\/p>\n<p><span style=\"color: #0000ff\">www.DebbieMS.com<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>April 1, 2014 When living with a physical disability, \u201caccessibility\u201d is an important word. It is a word that transforms the word inability to ability. For example, making a bathroom accessible for a wheelchair user breaks down the barriers that &hellip; <a href=\"https:\/\/debbiepetrina.com\/?p=321\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[21],"tags":[48,50,51,52,57,142,143,144,145],"class_list":["post-321","post","type-post","status-publish","format-standard","hentry","category-handicapped-accessibility","tag-ada","tag-ada-complaints","tag-ada-information","tag-ada-violations","tag-american-disability-act","tag-handicap-accessibility-violations","tag-handicap-accessible","tag-handicap-accessible-hotels","tag-handicap-parking-violations"],"_links":{"self":[{"href":"https:\/\/debbiepetrina.com\/index.php?rest_route=\/wp\/v2\/posts\/321","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/debbiepetrina.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/debbiepetrina.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/debbiepetrina.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/debbiepetrina.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=321"}],"version-history":[{"count":0,"href":"https:\/\/debbiepetrina.com\/index.php?rest_route=\/wp\/v2\/posts\/321\/revisions"}],"wp:attachment":[{"href":"https:\/\/debbiepetrina.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=321"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/debbiepetrina.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=321"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/debbiepetrina.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=321"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}