Advertisement

Archive for Sunday, July 27, 2008

Disability rights advocates push ADA changes

July 27, 2008

Advertisement

Glen White has used a wheelchair for 45 years.

Glen White has used a wheelchair for 45 years.

Shopping at a store, going to the pool or watching an event at an auditorium are daily activities that most take for granted.

For those with disabilities, however, these activities pose a wide range of questions about accessibility: Where can I park? Do they have a wheelchair ramp? Are the restrooms easy to get to?

"It's hard enough dealing with a disability in everyday life without having to deal with additional obstacles," said Mike Oxford, executive director for the Topeka Independent Living Resource Center.

Oxford, who suffers from a neuromuscular condition that often requires him to use an electric scooter, cites problems he faces when conducting business, such as getting through doorways or accessing conference tables.

But with Saturday marking the 18th anniversary of passage of the landmark 1990 Americans with Disabilities Act, the federal government is proposing new regulations requiring businesses and government facilities to be even more accessible for those with disabilities.

Glen White, who directs the Research and Training Center on Independent Living at Kansas University, was in Washington, D.C., last week providing information to policymakers about the proposed changes.

"As a person with a disability - I've been in a wheelchair for 45 years - I believe in trying to maximize freedom and want to make sure our laws represent everybody," said White, 58.

ADA's impact

ADA has helped remove barriers to millions of people. It required the ramps, curb cuts, Braille signs and captioned television programs that have become part of everyday life.

In recent years, however, advocates for those with disabilities say court decisions have restricted ADA's coverage in the workplace.

"The courts have systematically been chipping away at ADA, so we are trying to get Congress to strengthen it," White said.

Last week, White was among hundreds of disability rights advocates participating in the National Council on Independent Living's annual conference. The ADA Amendments Act has been approved by the House and is expected to go to the Senate soon.

Rocky Nichols, director of the Disability Rights Center of Kansas, says the changes are overdue.

"If you're a person with a disability, you've been fighting for 18 years to get your rights realized," Nichols said.

The proposed changes would affect government facilities such as courtrooms and public swimming pools, as well as new businesses and renovations to existing businesses - affecting a variety of amenities including restroom facilities, entranceways and location of light switches. The public has until mid-August to comment on the changes.

Compliant facilities

Many of the government facilities in Lawrence will be spared expensive renovations thanks to planning, officials say. The three public swimming pools in Lawrence are already handicap accessible with available water wheelchairs, and the Douglas County courthouse would already meet the requirements.

"We've always been aware of the community," said Douglas County Court Administrator Linda Koester-Vogelsang. All of the county courtrooms are handicap accessible, and the witness stands either have wheelchair ramps or are on ground level, she said.

Other municipalities are not so fortunate and could be required to make some expensive changes. Shawnee County, for example, would need to modify all 16 of its courtrooms if the proposed changes take effect.

Cost

The U.S. Chamber of Commerce is one group expressing concerns about the financial effect on the private sector because of the proposed changes. Marc Freedman, director of Labor Law Policy at the Chamber, said the proposed changes were "very complicated," adding that provisions in the changes don't go far enough to limit the potential effect on businesses.

The Justice Department estimates the changes will cost businesses and governments $23 billion to implement, but will provide more than $50 billion in public benefits.

Chuck Warner, president of the Lawrence Chamber of Commerce, brushes aside concerns that local businesses will suffer significantly because of the possible changes.

"(The changes) will add to the cost of construction," said Warner, but added that additional costs will be "gradual, over time," lessening their impact.

Sue Millstein, co-owner of Liberty Hall, is one local business owner who could be affected by the changes to theater accessibility. But even if the changes cost money, Millstein says it's worth it.

"I think any place should be accessible for the handicapped," she said, adding that she views her business as a "community building."

'Basic human rights issue'

Nichols and Oxford say that the proposed changes are a step in the right direction but do not address all of the accessibility issues associated with disability.

"These are just words on a piece of paper," said Nichols, who says how the changes are implemented is as important as the actual changes.

Regardless of the potential costs, though, Nichols says that valuing the rights of all our citizens is the main issue. "This is not a dollars and cents issue : this is a civil rights and basic human rights issue."

- Staff writer Scott Rothschild contributed to this report.

Comments

pace 6 years, 4 months ago

There should be a day in your life that you borrow a wheel chair and do simple errands. Good luck. Take someone with you. Watch clerks look at the person with you and they ask them if you want something. Sometimes strangers pat you on the head, so carry a cane and hit them. Reach your hand over high counters and have the alert clerk place your change , out of sight, your fingers searching, Change banks. Want sunflower cable, standing lines only and yell up over their counters hoping to hear what they say, as they throw bags of equipment in your general direction. Traverse cracks and canyons, watch bounding young men bounce out, with a hang tag on their hummer, using the parking space. Save a corporation a couple of thousand dollars by hiring a person to enter a building for you for the rest of your life. Hire a builder that says he knows how to build accessible and hear that a couple of steps could easily be remedied by a ramp later. Check out assisted living places in town, presbyterian manor apartments and assisted living rooms are not ada, they say what is ADA? No wheelchair sinks, just old fashioned cabinets so you need help to wash your hands. CRAP. Go apartment hunting. that will be fun.

redneck 6 years, 4 months ago

I have a disability myselft and use a power wheelchair. I have a couple of times gone to a gathering with co-workers or friends and I was not able join in because the business was not handicap accessable. You have no idea how stupid that makes you feel. In a sence they are making a statement that my kind are not welcome there. I wonder how that would fly if women or African American's were not welcome somewhere. My sister tried to tell me once that I can't expect everything to be accessable. I don't know why that isn't possible in today's world. Everybody bashes Wal-Mart and the like, but guess what. They are ALWAYS handicapp accessable. I hate not being able to support some of our local business's just because they don't want to obay the law & accomodate people with a disability. I'm sorry, but I don't feel sorry for business's who get into these lawsuits. Business's who are not ADA compliant are just asking for a lawsuit. Wana hear good one? I was dispatcher for the Hays PD & they were not ADA compliant. The very people who are supposed to enforce the laws are not even ADA compliant. I know these business's are not picking on people like me. They just don't want to spend the money. Hey; I don't want to pay my income taxes. But I will have to pay fines or go to jail if I don't. Get the idea? I'll get of my soap box now.

Linda Endicott 6 years, 4 months ago

There's one thing I don't understand about all these sue-happy people, whether they're physically disabled or not...why would you deliberately file a lawsuit knowing it would mean the business would have to close?If you find a business that doesn't have the things required by ADA, report them, by all means. If they are required to comply, okay. That doesn't mean you have to file a lawsuit as well. Many businesses may be able to remodel to comply, but most would not have the funds available to comply and fight a lawsuit along with it. If your intention is to have them comply, then let them spend their money on remodeling, not lining your own pockets. Remodeling is very expensive. Maybe they could let the businesses do these things a little at a time, instead of demanding that everything has to be completed RIGHT NOW. And if older buildings are required to be ADA compliant, then why are owners of them allowed to rent them to businesses, knowing they're not compliant?I knew a woman once who had a bookstore that had one step up, and no ramp. There were many disabled people who visited there and the employees at the store assisted them in getting in and out. But for one person in a wheelchair that wasn't good enough. She decided to refuse the offer of help, and sue instead. She singlehandedly guaranteed that the store would have to close.

bearded_gnome 6 years, 4 months ago

Many of these suits have been filed by one of a handful of disabled plaintiffs who are represented by Thomas Frankovich, one of the best known and mostcontroversial ADA accessibility lawyers in California.marion,often you are just irritating, however in posting this article you are correct. in salinas, a fifty-year-old walk-up burger place is closing because of such a suit. it has happened here in lawrence where an out-of-town person, usually a man in a wheelchair, drives to town and scouts around for violations. these are called "trawlers." one caught that old hamburger joint in salinas ca. at least once, lawrence has been visited by a trawler. also, marion, you want some good reading on this topic: look up what clint eastwood has had to say! now, the ljworld/wire article is correct that ADA needs some strengthening. and maybe the feds need to put some money behind those mandates on local/state government. finally, wish to note that overwhelmingly this article addresses needs of persons in wheelchairs, using crutches. not all persons with disabilities need all of what is advocated in this.

Ronda Miller 6 years, 4 months ago

pace, I agree with you that if those of us who normally are not in a wheelchair spent just one hour, or one day per your suggestion, in a wheelchair that we would have a much better idea of what limitations there are in area businesses, etc. We all need to open our minds and walk - or ride, for awhile in someone elses' shoes.

simplykristib 6 years, 4 months ago

I have lots to say about this subject..... I was one of a ton of people with disabilities to get this historic piece of legislation enacted in July 1990. It saddens me to see that the law is being weakened. Why are disability rights advocates and people with disabilities doing more to strengthen this important piece of legislation? I admit that I am out of the loop at this point as far as disability rights goes. Caring for two parents with lung cancer is full-time job.Marion,You look like a fool. You have NO idea what ADA entails. If you did, you would be more supportive of your friend with a disability. Accessibility benefits everyone! Look at our population which is aging. My own parents can benefit from ADA. Small businesses can get help... Owner just need to look for resources. If they can't figure it out, they can contact their local center for independent living.BTW, I used to know both Mike and Glen real well thru my advocacy work.

classclown 6 years, 4 months ago

Allow me to be the first to call B.S. on pace's post. Sunflower Cable does indeed have counter space that is designed for people in wheelchairs. In fact the last time I was there about 3 weeks ago, a woman in a wheelchair came in and utilized that spot.Granted, they like to keep their bill paying basket and some fliers there, but when she came in on of the employees moved them out of the way in order for them to wait on her.I'm not saying that there aren't places in town that are not ADA compliant. I imagine every place in town that is designated as "historical" is in violation of the ADA. But his/her rant about Sunflower is obviously a lie, so one has to wonder what else (s)he is flat out lying about. Or at the very least grossly exaggerating about.

bearded_gnome 6 years, 4 months ago

well, Marion,you got Roy's closing in salinas. what benny and others are forgetting in their insistance on access is:the mods cost money; these businesses have to make a profit to stay in business; if mods cost $50,000, and the business's annual budget doesn't have that, the margin of profit isn't very high, etc., they're losing money to provide access. is that the true intent of ADA? and, then, the trawlers (see above) actually make money on doing this. in the case of Roy's in Salinas Ca you quoted and I cited, look at where the plaintiff lives, and how many other suits he has! bennyotes,my point was that some groups benefit more than others do from current, and the original, ADA language. aren't the curb cuts we have on every corner of lawrence directly or indirectly there because of ADA? those benefit people using wheelchairs/crutches. they can cause trouble for blind pedestrians. and, worst of all, most of the curb cuts in lawrence lead to impassible sidewalks for wheelchairs. often, even pedestrians on two feet have trouble with the sidewalk condition. simon gilmore (crazy homeless man often seen downtown, has low-vision) has even said, published in this newspaper, that the reason he walks in the street is because the sidewalks (or lack of sidewalks) are too dangerous for him to walk there! redneck,I fully agree with the first half of your post: you shouldn't face any barrier to participating with your friends, and it does feel like sh*t when you're excluded! yes, i know. however, how would those friends feel towards you if you profited from a lawsuit against the favorite wateringhole of you and your buddies, a lawsuit that closed that beloved tavern? that's what we're talking about. and since we're talking about the ADA, early on, drug addicts and alcoholics were included under it. I think that's been fixed, but don't know. the net effect of including them under ADA was to increase stigma for people with real disabilities.

bearded_gnome 6 years, 4 months ago

a great quote from that page:on Jan. 21, 1997, zum Brunnen's attorney, Paul Rein, who has initiated more than 20 ADA cases, filed a federal suit against Eastwood. John Burris was broughtin for the trial. He specializes in litigating complaints of ADA violations and believed Eastwood had broken the law. "There was a clear violation of therules when Mrs. zum Brunnen visited, and Mr. Eastwood, as owner of the Mission Ranch, is responsible for the violations of those rules," said Burris duringthe trial.For more than two years after the complaint had been filed, zum Brunnen and her attorney sought a cash settlement from Eastwood. Last spring, Eastwood tolda congressional committee that zum Brunnen wanted an out-of-court settlement of $576,000. It wouldn't have been her first. Previously, zum Brunnen hadwon an ADA lawsuit filed against Mendocino's historic Heritage House Hotel, which paid $20,000 to her and $48,000 to her lawyer. In that case, zum Brunnencomplained that a doorway was too narrow and an ocean-front path too rough for her wheelchair.Not only did Eastwood refuse to settle but he also turned the case into a media war and a four-year legal slugfest. "I'm doing this to help protect small-businesspeople from the same kind of lawsuit," he told this columnist before the trial. Eastwood's attorneys warned him that if he fought the case in court, hecould end up stuck paying $1 million worth of zum Brunnen's legal bills. Under the law, the complainant's attorneys in ADA cases can collect their legalfees from the other side if they win. This double-whammy is why businesses often settle out of court rather than fight.During the trial, Eastwood's attorney, Chuck Keller, told the jury that zum Brunnen may not have even visited the hotel. "There are many discrepancies inher story, and there is a lack of corroboration," Keller said. "For zum Brunnen to win, she must prove that she visited Mission Ranch as a bona fide guest,not on a pretext, setting the stage for this lawsuit." For her part, zum Brunnen had pledged to give her legal winnings to charity.READY TO APPEAL. The jury took only five hours to deliberate -- and it came down squarely on Dirty Harry's side. "The verdict was correct. I hope I setan example for other small businesses to follow," said Eastwood, adding he would have appealed if he had lost. And he's right on the money. All along,Eastwood says that he has supported the ADA's access requirements and continues to. And the facts support him: Eastwood's hotel did have a wheelchair-accessiblebathroom and a wheelchair-accessible room. When notified of existing problems, he fixed them, as mandated by the law. And zum Brunnen's offer to settlefor nearly a half-million dollars seems excessive to this columnist in light of the circumstances.

MaryKatesPillStash 6 years, 4 months ago

Tremendous post, Pace. I tore both my Achilles tendons in high school, and was in a wheelchair for 6 months. I was stared at every time I went out in public. I remember going to the mall to do some back-to-school shopping, only to discover that, although I could get INTO the mall, wheeling into virtually any store was impossible. I had to sit outside in my chair in the hallway, dictating to my mother which pair of earrings I wanted from my favorite jewelry store. Seriously, though, the most annoying thing: wheeling into a bathroom, which is completely empty, except for one stall--the handicapped one. Of course, someone is in there doing their biz, taking their time. Once, in school, I sat there for about 10 minutes, and I could actually hear magazine pages turning. I didn't want to say anything, because what was the person supposed to do, squeeze it out really quick for me? But the other girls' bathroom was on the other floor, and I kept saying to myself "surely she'll finish soon..." Finally, the door opened, and out emerged...my teacher.Since my accident, I have tried to be cognizant and respectful of those who are impaired in some way. It was one of the most embarrassing, frustrating, and infuriating times in my life. I know it is difficult for every store--especially small locally-owned businesses--to come into ADA compliance. After all, to do so is catering to the minority, and that's always costly. But, as another poster pointed out, this will become a more pressing issueas our baby boomers age. It's also expensive to renovate buildings to comply with ever-evolving emergency and building codes. Yet, it's something that must be done, costly or not.

Ronda Miller 6 years, 4 months ago

benny, thanks for the clarification. I am ashamed to say that I know too little about the ADA - as probably do most people who do not themselves, or someone they know, need to use it. I can understand it could be a great hardship for a small business owner to comply with all aspects, but that is when government needs to step in and assist. We seem to do this in our school system for people with disabilities.I know what I experienced was a small and temporary disability but it was one none the less and I was thankful that there was a means for me to be allowed to enjoy myself that evening. I imagine there are people who attend the Sprint Center who are out of shape, or overweight (seats are quite small) who need to go to this area as well. If you have not been before it is quite an experience in many respects. ;)

Aisling 6 years, 4 months ago

why so antagonistic, Pogo? I hope you don't think that your attack on Ronda is going to further whatever cause you seem to have embraced.

bearded_gnome 6 years, 4 months ago

mr. oates,I never did ref clint eastwood's politics, you're connecting two disparate dots. what I am saying is that the ADA does not serve well much of the population it is supposed to, and that by bringing a legal minefield, may actually further stigmatize people with disabilities. note my reply to 'Redneck.' I am also saying that benefit from the ADA is far from universal among disabled persons. no, a huge number of curb cuts I am familiar with in east lawrence came in in the '90s. one very good example of a failure of ADA along with 504 etc., is:KU will happily put in a ramp, and pay $$$$$$$ for it. that way they can point to it, put it into their brochures, feature on websites, etc. but KU has failed in almost every case to properly provide services for blind students during the past three decades. one person I knew was discriminated against because she is blind. she couldn't get a lawyer to represent her because the discriminator was Columbia Artists and they didn't want to face them in court. ***finally, mr. oates, please be very careful about assumptions you may make about me. you remember what assumptions are, ...they make an ....

pace 6 years, 4 months ago

Oh, well what a peach you, donÂ't ask details just call someone a liar. , I went with a person to sunflower with a broken leg, using a walker, not a wheel chair, they did not clear or use the lower counter, I went and got a chair for the person and that is what happened. i am glad there is accommodations for a wheel chair, it was during that time when everyone in town was told to come get a box. So maybe they usually do use the lower counter if needed. As for the rest, I have two people in my life in chairs and things are better but you should borrow a chair and go find an apartment or house. Call presbyterian manor and ask if any of their apartments or assisted living areas are ADA? Their bathroom sinks are old cabinet types, we asked if we could change the sink to an accessible one and waited 4 months with no decision. She doesnÂ't live there now. The showers are step up not roll in showers, narrow hall kitchens rather than open kitchens that allow access by chair. STupid designs for the elderly and the handicapped.An assisted living facility in Kansas city, one or more meals provided but roll in showers, chair friendly kitchen sink and bathroom sink, chair friendly closet made those people able to live without constant help.

dweezil222 6 years, 4 months ago

He raises a good point. ADA was initially supposed to have exemptions for small business owners, who often cannot afford to comply with its provisions. One solution to this problem would be government grants; give the small business owners the money to make their facilities ADA compliant. But it serves no useful purpose to run a small business into the ground with lawsuits when it's only going to be replaced with another small business that also can't afford to modify its building.

Ronda Miller 6 years, 4 months ago

Did I mention I like Aisling, Pogo? :) to aisling (my hero!)

Ronda Miller 6 years, 4 months ago

Thanks, lonelane_1: You are a peach. Not back to topic of which I am really not included.

bearded_gnome 6 years, 4 months ago

scott~~~~~,your ignorance of conservatives is amazing. do you not read what we conservatives post on here? we did not support John McCain in the primary; conservatives in droves voted for other candidates; you are engaging in strawman tactics so beloved of the far-left-fringies on here. at most, McCain agrees with us about a third of the time; that certainly doesn't make him conservative!

bearded_gnome 6 years, 4 months ago

simplykristib,okay I happen to know that a bill is coming out of the congress to strengthen the ADA, and apparently without further encouraging the suits marion and I have been talking about. just to be clear, ADA is very important. but to think that by passing it we have solved or will solve all access problems in america is foolish. no one has answered, did drug addicts and alcoholics get removed from ADA coverage as I believed (mentioned above)?
Mr. Oates, the intention of the act was never to force closure of historic hamburger joints like Roy's Drivein [reffed at least twice above by Marion and me]. you have in all your postings failed to actually address this.if I recall from your previous postings on other threads, perhaps you work for a nonprofit and thus has no concept for the vital need for businesses to make a profit. businesses do not simply exist to employ people or offer access to people with disabilities. finally, Mr. Oates, I will note on a related topic, that the National Federation of the Blind protests the recent court decisions attempting to force the U.S. Treasury to make money (paper bills) adapted for recognition by the blind. their argument is that the massive cost throughout our economy would far exceed the cost of giving each blind person a talking bill reader instead. they further point out that such litigation exaggerates the trouble blind people face in their daily lives. there's a good example of a wise disability group.

lonelane_1 6 years, 4 months ago

At no time did Ronda ask for better seats. In fact, she asked if after the show started she could stand with the usher outside the main arena in the hallway. It was the usher who showed compassion and took us to see if better seats could be used. It was an authorized Sprint employee who looked on her list to see if there were any seats available in the ADA section. Had there not been any seats available there she would not have let us use them. That was made clear to us. Also, these weren't Ronda's "buddies" - these were her son and daughter in a crowd of 14,500. The ADA section at Sprint is quite large and there was still plenty of room there after we sat down.We would have been just as happy to stand and listen to Tom Petty if necessary. However, it wasn't necessary.So, Pogo, please don't critisize one of the most compassionate people I've known for the last 35 years and accuse her of trying to somehow take advantage of the disabled.

Ronda Miller 6 years, 4 months ago

Pogo, believe it or not I am sure there are plenty of people who have temporary disabilities. Let me assist you by naming a few of those: someone breaks a leg or two and ends up "temporarily" in a wheelchair. Someone who is diagnosed with MS sometimes has balance issues and/or no feeling in their extremities - temporarily needs to be in a wheelchair. Someone has a stroke and is regaining the use of one side of their body. Someone who just had surgery on a ruptured appendix, gave birth, had eye surgery, had a heart attack, etc., etc., etc., - really nothing to do with "life of the entitled and gentry", but yes a "temporary disability". My situation doesn't seem to have offended any of the people on this site who say they are in a wheelchair - why then does it you? Oh wait, maybe because they understand. Yeah, key work, understand.

Ronda Miller 6 years, 4 months ago

I agree with Bennyoates and redneck, ADA is essential to many people and all businesses should be made accessible to all people. I agree that if it is so expensive as to put the small business owner out of business that there should be governmental grants to fund such places of business.Pogo, I did not ask for a better seat - if you read my blog thoroughly you will see that I said I would be happy to stand beside the attendant to watch the band - I was also prepared to stand outside of viewing range to listen to them while my chlldren and friend enjoyed the show. The usher took me to an area after the list was checked to make sure there was enough room to accomodate me and there was easily enough room for my children and my friend. We saw one person in a wheel chair in our area - there were a lot of other people coming and going. I don't know how many seats are set aside at the Sprint Center, but it was obvious there was a great deal for such a purpose. I am quite sure that because of the intensely steep seating they knew a certain amount of people would need to be accomodated because of "fear of height" issues. We didn't even know about it so it would be an erroneous statement to say we took advantage of the ADA law.I am glad you continue to read my blogs though, Pogo! :)

scott3460 6 years, 4 months ago

"John McCain supports expansion of Americans With Disabilities Act"I thought he was running as a conservative and, therefore, opposed to such governmental interference with business (afterall the disabled can simply choose to shop somewhere where they can gain access.) Guess his true progressive colors are showing through.

Ronda Miller 6 years, 4 months ago

Pogo says, "But you sure took one, didn't you?" - yes, I did and I was thankful for it being there. If it had not have been I would have managed to just listen to the concert from another area. I did not displace anyone with a more serious problem,Pogo says, "I wonder how this "fear of heights" impacts on the ability to ride in an airplane? That's got to be really tough::I mean you're at like 34,000 feet and then some, huh"Actually, Pogo because I know about my fear of heights I take an aisle seat and make sure the window is closed. I also introduce myself to everyone around me and tell them I like to know the names of those people I fly and die with. As many people who have a fear of heights will tell you, fear of heights and fear of flying are very different issues. I think claustophobia may be more of an issue on a plane than heights. The word is "understand", Pogo.

George_Braziller 6 years, 4 months ago

Marion - The ADA has provisions for when alterations are not possible. If the physical access can't be modified then there is to be equal access to the services if it doesn't require undue burden on the business owner. You don't have a clue what you are talking about, you just think that you do.

BrianR 6 years, 4 months ago

crazyks, I agree.Destroying someone's business to make a point or worse to make money!?! I think that would be a good time to hoist the black flag.

pace 6 years, 4 months ago

classclown (Anonymous) says:Allow me to be the first to call B.S, I have thought about this and realized that I was passionate about the issue and responded to classclown because I thought it important that people understood that to judge how it works takes using the system, it is pretty easy to get to know facts, volunteer to take someone a few places, or borrow or rent a chair and just do it. t classclown checked with no one, called me a liar. That is a troll, my guess is anytime reality doesn't suit his prejudices he attacks the poster. I remember when I took a bunch of great kids to a concert, Roy Clark spied us and after the concert, with no press, he came back and sit with us. A woman barged in and asked for his autograph, one of the kids kept saying hi to her, she looked down and recoiled and said,"you should be in an institution" the kid smiled back and said, well I am , you should come and visit me, I like visitors. Roy sent that Kid a card and said he was touched by her friendliness. Class clown reminds me of that woman,

Pro_Counsel 6 years, 4 months ago

Marion (Marion Lynn) says: "E-Business does not have these issues."Sure about that?http://www.dralegal.org/cases/private_business/nfb_v_target.php

Pro_Counsel 6 years, 4 months ago

Marion (Marion Lynn) says:"Man, that would require a totally interactive site and involve some really wild Java and Ativex don't you think?"Regardless, your contention was that the issue does not exist in e-commerce. And however slight the effort and investment is to correct the problem, it is obviously more than one of America's largest retailers wanted to expend.The aspect of the Target suit that I found particularly interesting is that it requires a level of accomodation in excess of what's found in their 'brick-and-mortar' stores. If you walk into a Target, you won't find product descriptions and prices in braille everywhere. I would think that, should Target lose, you'll find this is just the beginning of access requirements for e-commerce.

jafs 6 years, 3 months ago

How about this - when businesses open, they can be put on a list of ADA exempt businesses which would prevent any lawsuits.This list could be easily available and public, and a business owner could post it at their place of business, with their name highlighted if they wish.Or, even easier, have a city inspector inspect for exempt status and provide a sticker for the business - charge the business owner $50 for the service.

jafs 6 years, 3 months ago

If historic and other small businesses that can't comply easily with ADA requirements are exempt, why are all of these lawsuits putting these folks out of business?Is it just the costs of defending against the suit?If so, perhaps there should be an immediate and inexpensive review of the business - if it is exempt, the suit is denied immediately without prohibitive costs to the business owner.

Commenting has been disabled for this item.