Category: Accessibility

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/

Thankfully the United States Department of Justice (DOJ) ADA enforcement actions demonstrate ignorance is no excuse. For example, in 2017, the DOJ entered voluntary compliance agreements with two Iowa restaurants to resolve designated accessible parking space issues. At Cedar Grill, the spaces were not located on the shortest accessible route to the main entrance. At Birdsall Ice Cream Co., the stripes were worn and did not effectively define the van accessible parking space and adjacent access aisle. 

Doors are another bone of contention for people whose disability limits their ability to push or pull. Heavy doors can effectively block people from entering a building or getting out of a public bathroom. For example, when my husband Robert did not return from using the bathroom at a COVID-19 testing site, I asked a paramedic on duty to go and check if he was okay. Sure enough he was trapped by a heavy door. Likewise, the closer on the Cedar Grill restaurant bathroom door at 7 lbs force was heavier than the maximum allowable force of 5 lbs.

It may surprise you to know that many people with dwarfism choose a restaurant based on furniture. As Deb Hecht, a little person from Indiana, said:

“Look at ALL the bar stools instead of regular dining room chairs. I am now very selective in my restaurant choices because of the height of the chair, not the food choice!”

Although food is important, it’s irrelevant if you can’t sit comfortably while eating it.

As it turns out, inaccessible seating is not something little people have to accept. The DOJ called out the two Iowa restaurants, named above, on this very issue. Both were required to remove architectural barriers—like fixed bar stools—that failed to provide accessible dining surfaces. At least five percent of the seating or standing spaces at dining surfaces must provide a dining surface 28 inches minimum and 34 inches maximum above the finished floor. 

Counter heights can make the difference between being served or not. The accessible height is between 28 and 36 inches high. The 42 inch service counter where orders are taken and filled at Birdsall Ice Cream Co. caused the DOJ to require management to agree to transact business with disabled customers at the 30” high sales counter near the cash register when requested.

This is just a sampling of access issues the ADA addresses. What barriers are you ready to challenge?

You may also want to read:

• Angela Muir Van Etten. Take Action Against ADA Access Violations. January 24, 2022. https://angelamuirvanetten.com/take-action-against-ada-access-violations/
• Angela Muir Van Etten. “ADA Compliance Challenge Continues.” January 25, 2021. https://angelamuirvanetten.com/ada-compliance-challenge-continues/
• Disability Rights Cases (2021-2022). United States Department of Justice, Civil Rights Division. https://www.justice.gov/crt/disability-rights-cases.
• Angela Muir Van Etten. Breaking the Six-Inch Reach Barrier. June 28, 2021. https://angelamuirvanetten.com/contests-breaking-the-six-inch-reach-barrier/
• Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities; Architectural Barriers Act (ABA) Accessibility Guidelines. July 23, 2004. https://www.federalregister.gov/documents/2004/07/23/04-16025/americans-with-disabilities-act-ada-accessibility-guidelines-for-buildings-and-facilities
• Angela Muir Van Etten. “Accessible” Public Bathroom Absurdities. November 16, 2020. https://angelamuirvanetten.com/accessible-public-bathroom-absurdities/

• Angela Muir Van Etten. Chapter 5, “At Your Physical Pleasure” in book one of my dwarfism trilogy, Dwarfs Don’t Live in Doll Houses. 1988 print & 2021 digital. Adaptive Living. https://angelamuirvanetten.com/dwarfs-dont-live-in-doll-houses/