Category: Accessibility

This experience was just the beginning. In the next few weeks, I encountered numerous out-of-reach public bathroom features—door locks, toilet flushers, toilet paper, faucets, soap, and paper towels. Rarely could I see into the bathroom mirror. Living 70 years without such essentials, prepared me for some of this exposure—I carried my own tissue paper and sanitizing soap, accepted air drying as an alternative to blow drying or hand towels, and risked using the toilet with an unlocked door.

It amazes me that more than 35 years after publishing the first book in my dwarfism trilogy—Dwarfs Don’t Live in Doll House—I’m still writing about access issues as shown in the following excerpt from Chapter 5, At Your Physical Pleasure:

“I remember too well the time I locked the toilet door in the airplane taking me to Malaysia. That time I took the risk and locked the door anyway. There seemed to be more at stake. Unless the door was locked, the light would not come on and I would have to leave the door wide open. I did not fancy exposing myself to the strangers waiting in line outside the door.

When ready to leave, all my energy failed to release the lock. I was trapped. After several attempts, I sat back on the toilet, lid down, exhausted. The thought of spending the rest of the flight in there did not thrill me at all. A person can only spend so much time sampling the lotions and potions. I should have been grateful that they were in reach.

My eyes settle on the emergency button. It was so attractive that I pressed it, twice. Nobody came. I felt relief and panic simultaneously. Relief, because I didn’t really want to be rescued from the toilet and be associated with the usual child victim; and panic, because I had pressed the emergency button twice and nobody responded. There was truly no escape.

The panic subsided as my strength returned. It didn’t take as long as Samson’s hair to grow, but I suspect that in the single moment when I needed extra energy to stretch up to the lock, I was given divine help. I reached up and again the door sprung open. I was relieved to get out of there in more ways than one. . .

When ready to wash my hands [in another location], I discover the taps (faucets) are out of reach. They’re not too high, just set too far back in the hand basin. My mother’s well-worn advice to always wash my hands after using the bathroom must be put to rest this time. The words don’t die easily. Of course, reaching the tap was only the first of three steps necessary to accomplish the joy of clean hands. After the tap comes the soap and then the hand towels. In this bathroom, I can’t reach any of them.

It’s even more frustrating to come across a bathroom where you can reach some of the amenities but not the others. To be offered the sensation of water running over your hands and be denied the cleansing effect of soap is infuriating. To have the water pour from the tap and extend to a flow from the wrist to the armpit as you reach in vain for the hand towel is drenching. To have the air dryer not only diminish the quantity of water on your hands, but also destroy the style of your hair is enough to make you blow your cool.”

At the time of writing Dwarfs Don’t Live in Doll Houses there were no laws mandating access. But the public bathroom photos taken in New Zealand and Australia, and shown in the table below, depict both current and early examples of various bathroom barriers that occurred long after laws mandating accessibility were in place.

Let’s install the toilet paper above her head so as not to mess with the tiles. (picture left) No tile preservation excuse for elevated toilet paper (picture right)

Toilet flush on top of tank! (picture left) Toilet flush even higher on the wall (picture right)

It’s apparent to me that lack of access can be attributed to flouting building access codes, lack of common sense, lax building inspection practices, and failure to consider or care about the needs of people with disabilities. It’s especially aggravating given how much technology has provided access solutions. See, for example, the three photos of accessible locks.

So what needs to happen to make for accessible bathroom experiences? How much longer do people with disabilities need to endure access inequality? And why do we continue to tolerate inaccessible bathrooms? The law mandates access, so let’s use it to achieve our equality.

For additional Angela Muir Van Etten accessibility blog posts, go to:

• “Accessible” Public Bathroom Absurdities. November 16, 2020. https://angelamuirvanetten.com/accessible-public-bathroom-absurdities/
• ADA Compliance Challenge Continues. January 25, 2021. https://angelamuirvanetten.com/ada-compliance-challenge-continues/
• Breaking the Six-Inch Reach Barrier. June 28, 2021. https://angelamuirvanetten.com/contests-breaking-the-six-inch-reach-barrier/
• Take Action Against ADA Access Violations. January 24, 2022. https://angelamuirvanetten.com/?s=Take+Action+Against+ADA+Access+Violations
• “My Trip to New York City Was Full of Accessibility ‘Hits’ and ‘Misses.’” July 16, 2022. The Mighty. https://themighty.com/2022/07/using-mobility-scooter-new-york-city-accessibility-challenges/
• Defendants Feign Ignorance When Hit With ADA Complaints. January 30, 2023. https://angelamuirvanetten.com/defendants-feign-ignorance-when-hit-with-ada-complaints/
• The Long Road to Update Federal Reach Guidelines. July 24, 2023. https://angelamuirvanetten.com/federal-reach-guidelines/#respond
• Are We There Yet? January 29, 2024. https://angelamuirvanetten.com/are-we-there-yet/

You may also want to read books in Angela’s dwarfism trilogy, https://angelamuirvanetten.com/books/:

• Dwarfs Don’t Live in Doll Houses
• Pass Me Your Shoes: A Couple with Dwarfism Navigates Life’s Detours with Love and Faith; and
• Always An Advocate: Champions of Change for People with Dwarfism and Disabilities.

Agency Guidance Now a Mandate

How about the question and answer in my March 18, 2022 post:

“So where do we go to file a discrimination complaint? The answer is NOWHERE.”

Three years later, I’m excited to report that two federal agencies—Health and Human Services (HHS) and the United States Department of Justice (DOJ)—have adopted “Standards for Accessible MDE” developed by the Architectural and Transportation Barriers Compliance Board (Access Board). This is monumental news! The Standards are no longer mere guidance, but are enforceable federal law under section 504 of the Rehabilitation Act or Title II of the Americans with Disabilities Act (ADA)!

HHS was the first agency to adopt the Access Board’s “Standards for Accessible MDE on May 9, 2024” when it adopted the 2017 edition which allowed a low transfer height of 17 to 19 inches. However, the Access Board revised the accessible MDE Standard on July 25, 2024 to specify a low transfer height of 17 inches for MDE used in the supine, prone, side-lying, and the seated position. Although HHS has indicated its’ intent to adopt the update, until this happens the 17-inch mandate is not enforceable.

On August 9, 2024, the DOJ issued a final and enforceable rule under ADA Title II to improve access to MDE for people with disabilities. The rule clarifies how public entities that use MDE, like hospitals and health care clinics operated by State or local governments, can meet their obligations under the ADA. As Assistant Attorney General Kristen Clarke, Civil Rights Division, DOJ, announced:

“Thirty-four years after passage of the ADA, people with disabilities should not have to forgo needed medical care due to inaccessible medical diagnostic equipment.”

Highlights of the DOJ rule requires the following of State and local government entities:

• Beginning on October 8, 2024, all MDE that state and local government entities purchase, lease, or otherwise acquire must be accessible, until the entities have the required amount of accessible MDE.
• Although not every piece of existing MDE is required to be accessible, entities must ensure that their services, programs, and activities that use MDE are accessible to individuals with disabilities.
• Entities that use examination tables and weight scales must have at least one accessible examination table and weight scale by August 9, 2026.
• Entities must have staff qualified to operate accessible MDE.

ALERT: On September 5, 2024, from 2:30–4:00 p.m. (ET), the Access Board will provide an overview of its’ July 26, 2024 final rule on accessibility standards for MDE. See https://www.accessibilityonline.org/ao/schedule/.

You may also want to read:

“Nondiscrimination on the Basis of Disability; Accessibility of Medical Diagnostic Equipment of State and Local Government Entities.” Civil Rights Division, U.S. Department of Justice. August 9, 2024. https://www.federalregister.gov/documents/2024/08/09/2024-16889/nondiscrimination-on-the-basis-of-disability-accessibility-of-medical-diagnostic-equipment-of-state.

“Fact Sheet: New Rule on the Accessibility of Medical Diagnostic Equipment Used by State and Local Governments.” Civil Rights Division, U.S. Department of Justice. August 08, 2024. https://www.ada.gov/notices/2024/08/08/mde-fact-sheet/

“U.S. Access Board Issues Final Rule Setting Low Transfer Height for Certain Medical Diagnostic Equipment.” Access Board. July 26, 2024. https://www.access-board.gov/news/2024/07/26/u-s-access-board-issues-final-rule-setting-low-transfer-height-for-certain-medical-diagnostic-equipment/

“Standards for Accessible Medical Diagnostic Equipment.” Architectural and Transportation Barriers Compliance Board (Access Board). July 25, 2024. https://www.federalregister.gov/documents/2024/07/25/2024-16266/standards-for-accessible-medical-diagnostic-equipment

“Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance.” Health and Human Services Department. May 9, 2024. https://www.federalregister.gov/documents/2024/05/09/2024-09237/nondiscrimination-on-the-basis-of-disability-in-programs-or-activities-receiving-federal-financial

Angela Muir Van Etten. “MEDICAL DIAGNOSTIC EQUIPMENT: Proposed for State and Local Government Entities.” Blog post, January 15, 2024. https://angelamuirvanetten.com/medical-diagnostic-equipment-proposed-for-state-and-local-government-entities/

Angela Muir Van Etten. “Tackling Inaccessible Medical Equipment, Part II.” Blog post, March 18, 2022. https://angelamuirvanetten.com/tackling-inaccessible-medical-equipment-part-ii/

Angela Muir Van Etten. “Tackling Inaccessible Medical Equipment.” Blog post, April 19, 2021. https://angelamuirvanetten.com/tackling-inaccessible-medical-equipment/

• Lack of text alternatives (“alt text”) on images—pictures, illustrations, and charts—hides the content from people who are blind.
• No captions on videos fails to communicate the content to people with hearing impairments.
• Inaccessible online forms may not be fillable by people with disabilities who need labels that screen readers can convey to their users, clear instructions, and error indicators.
• Mouse-only navigation withholds information from people with disabilities who control their computers and other devices with verbal commands instead of a mouse, trackball, or keyboard.

In effect, an inaccessible website can exclude people just as much as steps at an entrance to a physical location. Just as the Americans with Disabilities Act (ADA) provides for barrier removal of steps, it also sets obligations for barrier removal on websites. In accordance with this requirement, the United States Department of Justice (DOJ) has issued a final rule, under ADA Title II, clarifying the obligations of state and local governments to make their websites and mobile applications accessible to people with disabilities.

Attorney General Merrick B. Garland signed the rule on April 8, 2024 saying:

“This final rule marks the Justice Department’s latest effort to ensure that no person is denied access to government services, programs, or activities because of a disability. By issuing clear and consistent accessibility standards for state and local governments’ digital content, this rule advances the ADA’s promise of equal participation in society for people with disabilities.”

Assistant Attorney General Kristen Clarke of the Civil Rights Division added:

“This rule is truly historic and long overdue as it will help break down barriers that have kept people with disabilities from fully participating in American life. For far too long, people with disabilities have been left behind as we’ve witnessed more services and government activity increasingly move online. This rule is helping to usher us into a new era by bringing an end to the discrimination faced by millions of Americans with vision, hearing, cognitive and manual dexterity disabilities across our country.”

As is customary with sweeping regulatory changes, the effective date for this rule is delayed. State and local governments with a population of 50,000 or more must comply beginning on April 24, 2026; those with a population of less than 50,000, as well as special district governments, must comply beginning on April 26, 2027.

To find out more about the ADA, visit ada.gov or call the DOJ toll-free ADA information line at 1-800-514-0301 (voice) or 1-833-610-1264 (TTY).

Image credit: Mudassar Iqbal from Pixabay

Reference sources:

• “Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities.” Federal Register. April 24, 2024. https://www.federalregister.gov/documents/2024/04/24/2024-07758/nondiscrimination-on-the-basis-of-disability-accessibility-of-web-information-and-services-of-state
• Press Release. “Justice Department to Publish Final Rule to Strengthen Web and Mobile App Access for People with Disabilities.” U.S. Dept. of Justice, Office of Public Affairs. Monday, April 8, 2024. https://www.justice.gov/opa/pr/justice-department-publish-final-rule-strengthen-web-and-mobile-app-access-people  
• Fact Sheet: New Rule on the Accessibility of Web Content and Mobile Apps Provided by State and Local Governments. March 8, 2024. https://www.ada.gov/notices/2024/03/08/web-rule/
• Web Content Accessibility Guidelines (WCAG). Published by the Web Accessibility Initiative of the World Wide Web Consortium. https://www.w3.org/WAI/standards-guidelines/wcag/

For more of Angela’s writings, please visit her website for links to her books, blog, and media at https://angelamuirvanetten.com.

I called the FedEx customer service toll free line to ask for a driver to come and move the package. However, the computerized menu did not have a pick for packages already delivered. After listening to the menu a few times, the closest choice was “something else.” Finally, the computer transferred me to a live person!

Although the customer service representative (CSR) was polite and apologetic, his approach fell far short of any solution. He used the tracking number to identify the station that delivered the package and sent them a message asking for a driver to come and move it. But he refused to give me a direct contact number or email address I could use to follow up with the station in the event nothing happened. At least I pried out of him the street address of the station that delivered the package.

When the package sat in front of my garage for another eight hours, I used this address to locate a direct phone number to speak with a CSR at the station where the package came from. The CSR claimed to have no knowledge of the message sent by the toll free CSR earlier in the day. His action was to call the owner of the station closest to where I live and get his commitment to send a driver to move the package first thing in the morning. This CSR also refused to share the name or phone number of the local station, thus depriving me of direct follow up if the package was not moved in the morning.

So what did I see when I looked first thing the next morning? The scooter package still sitting in front of the garage door! Once again FedEx failed to follow through. So I called a friend who works at FedEx and she located a driver willing to come and move the package. And I’m sure he would have come, but a cousin came by about the same time and offered to not only move the package, but also to assemble the scooter. Naturally, I accepted his offer and cancelled the service offer of my friend’s contact.

Have you fared any better getting a delivery company to correct their mistakes?

For more of Angela’s writings, please visit her website for links to her books, blog, and media at https://angelamuirvanetten.com.

2. Trains

Train systems built before the ADA are not wheelchair accessible and, according to the Federal Transit Administration, about 20% of transit stations nationwide still do not have elevators or ramps. For example, only about 25% of New York City subway trains are served by elevators and these are frequently broken. And despite an historic settlement with the Metropolitan Transit Authority on April 24, 2023, it will take until 2055 for at least 95% of train stations to be made accessible with elevators and ramps.

3. Taxis

A family of three people with disabilities traveling with two power scooters, a bunch of stools and suitcases tell how hard it was to get a taxi from a public transportation terminal to a hotel. Upon placing calls to cab companies that advertised service to disabled people, the first two companies denied service and hung up on them. A third company declined saying they don’t pick up from the airport and only transport people to and from doctor appointments. It took “sweet talk” and a private pay fare of $75 to convince the company to accept the ride. Sadly, this experience is more the rule than the exception not only for this family, but for many others with disabilities.

4. Hotels

After reserving an accessible hotel room, there’s no guarantee it will still be available when the disabled guest arrives at the hotel or if the room will even be accessible. In 2022, the United States Department of Justice resolved two such cases:

• In U.S. v. Hilton Worldwide, Inc. (HWI)—after ten year of litigation—a Consent Decree ordered HWI to institute a reservations policy for accessible guest rooms that will hold open two non-premium accessible guest rooms as the last rooms sold at each hotel.
• In U.S. v. Badrivishal LLC (owner and operator of the Holiday Inn Express Hotel & Suites in Columbus, Ohio), the hotel must ensure that its rooms, including bathrooms, that are required and advertised as accessible to people who use wheelchairs are, in fact, accessible.

5. And so much more
What can you add to the list of ADA violations that need to be addressed?

Photo Credit: Image by Foundry Co from Pixabay

You may also want to read:

• Access Board Rule. “Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way.” August 8, 2023. https://www.federalregister.gov/documents/2023/08/08/2023-16149/accessibility-guidelines-for-pedestrian-facilities-in-the-public-right-of-way
• Disability Rights Advocates. “Historic Settlement to Make NYC Subway Accessible to Disabled.” April 26, 2023. https://www.disabled-world.com/disability/accessibility/nyc-subway.php
• Angela Muir Van Etten. “Defendants Feign Ignorance When Hit With ADA Complaints.” Blog post. January 30, 2023. https://angelamuirvanetten.com/defendants-feign-ignorance-when-hit-with-ada-complaints/
• U.S. v. Hilton Worldwide, Inc. (HWI). December 26, 2022. https://archive.ada.gov/hilton/hilton.htm#:~:text=For%20the%20term%20of%20this,in%20the%20new%20construction%20or
• Amanda Michelle Gomez and Sarah Y. Kim. “D.C. Is Falling Short Of Its Taxi Accessibility Requirements. What Went Wrong?” December 6, 2022. https://dcist.com/story/22/12/06/d-c-is-falling-short-of-its-taxi-accessibility-requirements-what-went-wrong/
• “Justice Department Secures Agreement with Hotel in Columbus, Ohio, to Ensure Access for People with Disabilities.” May 5, 2022. https://www.justice.gov/opa/pr/justice-department-secures-agreement-hotel-columbus-ohio-ensure-access-people-disabilities
• Angela Muir Van Etten. “Take Action Against ADA Access Violations.” Blog post. January 24, 2022. https://angelamuirvanetten.com/take-action-against-ada-access-violations/
• Angela Muir Van Etten. “ADA Compliance Challenge Continues.” Blog post. January 25, 2021. https://angelamuirvanetten.com/ada-compliance-challenge-continues/

Little People know all too well that without accessible MDE, individuals with disabilities are often denied an equal opportunity to receive medical care, including routine examinations. According to the DOJ, patients with disabilities have had to forgo Pap smears because they could not safely transfer from their wheelchairs to a fixed-height exam table. Similarly, inaccessible mammography machines have contributed to low breast cancer screening rates for patients with disabilities. But no example was given about the health consequences for people with dwarfism.

In a Section-by-Section Analysis of the proposed rule, the DOJ details the changes to the title II ADA regulations, including the reasoning behind the proposals, and poses questions for public comment. Powerful and easy to follow public comments should also reference the section or DOJ issue on which comments are based. Recommended changes should include data, information, or supporting authority. Please follow the link dated January 12 under Additional Resources at the end of this post to get details of proposed changes.

Now is a great time for people with dwarfism and Little People of America (LPA) to get on the DOJ’s radar, especially since they have called for public comment on this proposed rule change. Although many of the changes and issues directly impact public entities, it’s important to be on the lookout for changes that will adversely impact patients, especially little people.

The following are a few areas I have tagged for my comments:

•     § 35.210 Requirements for Medical Diagnostic Equipment

•     Several Issues on scoping

•     Issues 6 to 8 on dispersion of accessible MDE

•     Medical Equipment Used for Treatment, not Diagnostic, Purposes

You get the idea. Please read through the rule and pick areas on which you want to share your observations, approval, concerns, or whatever else comes to mind.

Somewhat surprising, is the DOJ only allowing 30 days for the submission of comments. This means we only have until February 12, 2024 to submit comments. Even though this tight turn around might limit how much you can say, please say enough to put the DOJ on notice to LPA issues.

Interested persons are invited to submit comments, identified by RIN 1190–AA78 in the subject field, by any one of the following methods:

• Federal eRulemaking website:https://www.regulations.gov. Follow the website’s instructions for submitting comments.

• Overnight, courier, or hand delivery: Disability Rights Section, Civil Rights Division, U.S. Department of Justice, 150 M St. NE, 9th Floor, Washington, DC 20002.

Please help to spread the word. The more public comments received the better.

Additional Resources:

• “Nondiscrimination on the Basis of Disability; Accessibility of Medical Diagnostic Equipment of State and Local Government Entities.” A Proposed Rule by the Justice Department on 01/12/2024. https://www.federalregister.gov/documents/2024/01/12/2024-00553/nondiscrimination-on-the-basis-of-disability-accessibility-of-medical-diagnostic-equipment-of-state 
• Angela Muir Van Etten. “MAKING PUBLIC COMMENTS: Time Wasted or Well Spent?” Blog post. November 7, 2022. https://angelamuirvanetten.com/making-public-comments-time-wasted-or-well-spent/
• Angela Muir Van Etten. “Tackling Inaccessible Medical Equipment, Part II.” Blog post. March 28, 2022. https://angelamuirvanetten.com/tackling-inaccessible-medical-equipment-part-ii/
• Angela Muir Van Etten. “Tackling Inaccessible Medical Equipment.” Blog post. April 19, 2021. https://angmuirvanetten.com/tackling-inaccessible-medical-equipment/
• “Standards for Accessible Medical Diagnostic Equipment.” January 9, 2017 rule of the Architectural and Transportation Barriers Compliance Board. https://www.federalregister.gov/documents/2017/01/09/2016-31S186/standards-for-accessible-medical-diagnostic-equipment

Ten years later, little people were still struggling to reach elevator buttons. Hotels hosting Little People of America (LPA) meetings would temporarily equip elevators with wands and stools. But this only worked if floor buttons didn’t require heat from a skin touch or the person was able to use a stool. And sadly, the accommodations were removed when the meeting was over.

So what could LPA do about out-of-reach elevator buttons? In the 1990s, when out-of-reach ATMs propelled LPA to advocate for lowering ATMs in the ICC/ANSI A117.1 Committee on Accessible and Usable Buildings and Facilities (ANSI Access Committee), we discovered that the reach range code section applied to everything open to the public activated with a push, pull or turn. Removing the six-inch reach barrier for ATMs would also bring elevator buttons within reach of at least a half million people with dwarfism, limited upper arm strength and movement, and other disabilities.

After vigorous debate in February 1996, the ANSI Access Committee agreed to LPA’s proposal to lower the unobstructed side reach from 54 to 48 inches in the second draft revision of the ANSI Access Code. Although the elevator industry was generally willing to meet the 48 inch standard, they sought an exception for buildings with more than 16 elevator stops. Without this exception, the industry would be boxed in between a 48 inch high side reach and a 15 inch low side reach needed to accommodate people who are blind; this left insufficient room for floor buttons in high rise buildings. The industry needed time to re-engineer the control panel.

LPA agreed not to fight the exception sought by the National Elevator Industry Institute (NEII) in the 1998 ICC/ANSI code given their commitment to form a Task Group to understand the access needs of little people and explore ways of providing 100% elevator access in the future. At the same time, LPA put the industry on notice that we would propose removal of this exception in the 2003 revision cycle.

After meeting with LPA representatives three times, NEII came up with a technology solution designed to enable little people to reach ANY floor destination. With technology comparable to setting the time on an alarm clock,people use an up or down scan button to select a floor destination. The LPA/NEII proposal was accepted at the May 2002 ANSI Access Committee meeting and appears in § 407.4.8, ICC/ANSI A117.1-2003.

Yet despite this technology breakthrough being added to the ANSI Access Code, I have yet to see this feature on any elevator. Please comment if you have seen a floor destination scan button in service? This post was based in part on excerpts from two books in my dwarfism trilogy memoir: ALWAYS AN ADVOCATE: Champions of Change for People with Dwarfism and Disabilities and Dwarfs Don’t Live in Doll Houses. Book details and buy links are found at https://angelamuirvanetten.com/books/.

In 1994, the Access Board established an advisory committee to review and recommend changes to update the 1991 ADA Accessibility Guidelines (ADAAG). When LPA learned that the committee was tentative about recommending a reduction in the unobstructed side reach from 54 to 48 inches, Robert Van Etten and I drove almost 400 miles to a July 7, 1996 committee meeting. We fervently advocated for breaking the six-inch reach barrier. We were ecstatic when the Advisory Committee’s recommendation to the Access Board included a side reach of 48 inches!

It took another three years before the Access Board published a Notice of Proposed Rulemaking (NPRM) to jointly update and revise its ADA and ABA Accessibility Guidelines. I coordinated LPA’s advocacy in support of lowering the side-reach to 48 inches by encouraging LPA’s members, allies, and disability organizations to send comments to the federal Access Board.

Although the Access Board rejected the Advisory Committee’s 48-inch recommendation, I believe this flawed decision swayed several hundred to make comments favoring the six inch reduction. I prepared and submitted LPA’s official comments—a 25-page document that took more than 45 hours to prepare. During the NPRM comment period, LPA members also testified at public hearings in Los Angeles, California, and Arlington, Virginia.

After the public comment period closed, I represented LPA and recruited local LPA members to attend Access Board informational meetings on October 24-25, 2000, in Washington, DC. Their purpose was to determine the effect a 48-inch standard would have on manufactured equipment and newly constructed building elements. In a jaw-dropping moment, ATM manufacturers announced that their new generation of machines would meet the 48-inch standard! Our jubilance couldn’t even be dampened by the gas pump manufacturers’ continued fight for an exception.

Another four years passed before the final rule was published on July 23, 2004. Euphoria barely described the joy of finally seeing the 48-inch standard accepted in the new ADAAG. Federal law now mandated this accessible height for ATMs and everything open to the public activated with a push, pull or turn.

Yes it was disappointing to see gas pump manufacturers granted an exception for machines installed on existing curbs and allowed installation of operable parts on gas pumps as high as 54 inches. But victories are celebrated and disappointments motivate us to keep advocating for change.

You may also want to read:

• “ADA and ABA Accessibility Guidelines.” A rule by the Architectural and Transportation Barriers Compliance Board. July 23, 2004. https://www.federalregister.gov/d/04-16025.
• Angela Muir Van Etten. “ALWAYS AN ADVOCATE: Champions of Change for People with Dwarfism and Disabilities,” Chapter 15, Breaking the Six-Inch Reach Barrier and Chapter 16, Battle for Access in Different Forums. October 2021. https://angelamuirvanetten.com/always-an-advocate/
• “Making the Impossible Happen.” Angela Muir Van Etten blog. October 4, 2021. https://angelamuirvanetten.com/making-the-impossible-happen/
• “Tackling Inaccessible Medical Equipment, Part II.” Angela Muir Van Etten blog. March 28, 2022. https://angelamuirvanetten.com/tackling-inaccessible-medical-equipment-part-ii/

• “MAKING PUBLIC COMMENTS: Time Wasted or Well Spent?” Angela Muir Van Etten blog. November 7, 2022. https://angelamuirvanetten.com/category/accessibility/

I knew outdoor gardening supplemented my Vitamin D intake, but had no idea the sun lowers my risk of certain cancers and other maladies. The exercise involved saves me from a gym membership, promotes sleep, helps maintain a healthy weight, reduces stress, and improves cognitive skills.

In recent years, these advantages are recognized as therapeutic horticulture used in hospitals, rehabilitation centers, senior centers, schools, and prisons. Patients with catastrophic injuries are observed to heal faster when they access outdoor spaces with plants. British primary-care doctors often give patients a “social prescription” for gardening as an effective alternative to talk therapy or antidepressants.

However, in order for me to benefit from therapeutic gardening I need a garden that accommodates my inability to kneel, touch my toes, and stand for any length of time. When designing the garden next to our front door, some plants were kept in reach as a border next to the sidewalk and others adjacent to a circular pathway around the garden interior. Underground watering was linked to the lawn sprinkler. Weeding was reduced with mulch. Dead leaves and flowers on the begonias, bromeliads, and anthuriums were plucked with salad tongs. Debris was gathered in a throw away grocery bag. Gardening for the day stopped when the bag was full.

For 22 years my tropical garden in our Florida climate thrived. But time has left its’ mark with a broken watering system, ups and downs in the soil level, and spreading plants almost eliminating my pathway. This year’s cold spell almost wiped out some plants and many dead leaves weren’t plucked given my lack of access.

My friend Susan helped me clean up the garden, but going forward accessible features are needed. As a retiree on a fixed income, I need affordable options that don’t involve starting from scratch. To avoid kneeling, bending down, and plants spreading into the walkway, I’m exploring easy watering like a seep hose for containers and a raised bed built to my height with plants that won’t grow out of reach. Hanging planters with a pulley system would be cool. Ergonomic light weight tools with a comfortable grip and long reach range are necessary.

What accessible gardening tips can you add?

You may also want to read:

• Jess Richmond, Bruce Dunn. “The History of Therapeutic Horticulture. February 2023|Id: HLA-6472. https://extension.okstate.edu/fact-sheets/therapeutic-horticulture.html

• Rebecca Joy Stanborough. “Seed, Soil, and Sun: Discovering the Many Healthful Benefits of Gardening.” June 17, 2020. https://www.healthline.com/health/healthful-benefits-of-gardening

• “10 Mental Health Benefits of Gardening.” June 19, 2019. https://www.psychologytoday.com/us/blog/think-act-be/201906/10-mental-health-benefits-gardening

• Jill Morgan. “Accessible Garden Design: 15 ideas for landscaping, paths, planting and more.” https://www.gardeningetc.com/design/accessible-garden-design
• “Accessible, No Barriers Gardening (Or Things the ADA May Not Tell You).” University of California: Agriculture and Natural Resources. https://ucanr.edu/sites/mgfresno/Central_Valley_Gardening_with_Master_Gardeners/Projects/Accessible_Gardening_147/
• Ron. “The Best Tips On Wheelchair Accessible Gardening.” January 18, 2023. https://adaptivelivingaids.com/wheelchair-accessible-gardening/
• Chloe Deike. “Adaptive Tools for Gardeners.” https://www.gardengatemagazine.com/articles/how-to/plant/accessible-tools-for-gardeners/