Category: Accessibility

Categories
Accessibility Medical

Tackling Inaccessible Medical Equipment, Part II

Cirrus DME

My first post on inaccessible medical equipment was April 19, 2021 before and after cataract surgery. Lamentably, a subsequent diagnosis of a hole in the macular mandated surgery and further access to diagnostic eye equipment. Once again, I was confronted by equipment incompatible with my height of three feet four inches.

Although two reams of copy paper enabled me to mount a chair in front of an eye scanner, I was still short of the chin rest. One imaging technician, citing rules against lifting me, suggested skipping the scan. Too bad that this would leave the surgeon without critical information for diagnostic decisions! Clearly, this was not an option.

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All I needed was another couple of inches. So I asked the technician to get another ream of paper. She complied because she had no idea what to do. I leaned left raising my right buttock cheek off the seat and had the technician slide the third ream under this side of my butt. After placing my right cheek on the ream, I asked her to push it to the other side of the chair while I scooted my left cheek onto the ream. And voilà, my torso was raised within reach of the chin rest, and the surgeon got his scan.

My annual cardiology check of my Top Hat mechanical aortic valve is also an occasion for confronting access barriers. Although the electrocardiogram (EKG) and echocardiogram equipment are accessible, the examination table is not. The technologist told me that the office did not have an accessible table because it cost $5,000 compared to the $1,500 for a regular table. The accountants won.

As a result, I declined to climb onto the exam table for the EKG and had the test while seated in a chair. The echo was a different story. Although it could be done with me seated, the result would be more accurate if I lay on the table. Here I surrendered my independence and, with assistance, climbed onto a stool then a chair and up to the table.

I’m only one of thousands, possibly millions, of people with disabilities being denied independent access to medical diagnostic equipment (MDE). So where do we go to file a discrimination complaint? The answer is NOWHERE.

Although the Architectural and Transportation Barriers Compliance Board (Access Board) technical criteria for medical diagnostic equipment (MDE Appendix to 36 CFR Part 1195) was due to expire in February 2022, the rule was extended for three years. The Board sought additional time to complete research on low transfer heights. However, the MDE rule remains unenforceable under the Americans with Disabilities Act (ADA) or Rehabilitation Act because it has not been adopted by the United States Departments of Justice (DOJ) and Health and Human Services (HHS).

So instead of filing a complaint, advocate for the Access Board to expedite the research so that accessible MDE can be mandated by enforcement agencies. And share your experiences on inaccessible MDE with Attorney Advisor Wendy Marshall, (202) 272-0043, marshall@access-board.gov.

For further reading, see Standards for Accessible MDE. A Rule by the Access Board. February 3, 2022. https://www.federalregister.gov/documents/2022/02/03/2022-02133/standards-for-accessible-medical-diagnostic-equipment For discussion of diverse disability issues, follow Top 100 Disability Blogs and Websites at https://blog.feedspot.com/disability_blogs/ You can follow my blog on feedspot or at my website, https://angelamuirvanetten.com.

Categories
Accessibility

Take Action Against ADA Access Violations

Measure Up

Thirty years after the effective date of the Americans with Disabilities Act (ADA) on January 26, 1992, I didn’t expect to read about an accessibility nightmare. But that’s exactly what a Little Person wrote about her recent experience trying to order fast food from a McDonald’s self-serve kiosk. The menu graphics on the screen were too high for her to click on!

And from there this FaceBook conversation expanded to stores out-of-reach point-of-sale terminals. Commenters reported a store raising the height of all their terminals when it remodeled three years ago and, when asked to lower the terminals, other stores either refused or did nothing despite agreeing to look into it.

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The need for a store cashier to enter the order or read information on the checkout screen clearly did not compensate for the loss of independent use of the equipment.

Instead of fuming about ongoing access denials and being unwilling to accept the status quo, group commenters shifted gears into problem solving. Why accept what doesn’t need to be? Doesn’t the ADA mandate an accessible height for point-of-sale terminals? How do we find out the required height? Where do we get the documents to print and show store managers?

Being part of this conversation was just the nudge I needed. I had long planned to write about ADA enforcement procedures for public accommodations. And here right in front of me was a group motivated to take action. I provided them with the link to the ADA Standards Adopted by the U.S. Dept. of Justice (2010) and U.S. Dept. of Transportation (2006). Armed with this document the group now knows that an accessible terminal height is no more than 48 inches (ADAAG §§308.2 forward reach, 308.3 side reach, and 309.3 height of operable parts).

A suggestion to carry a tape measure to document the height of these inaccessible screens or terminals was followed by another question. Who do we contact after we measure? In other words, if operable parts on out-of-reach equipment violate the ADA by measuring more than 48 inches and stores refuse to comply, who has authority to enforce the law? The answer lies in ADA Title III regulations 28 CFR §§36.501 to 36.503 which gives authority to both the person subjected to disability discrimination and the U.S. Dept. of Justice (DOJ).

The individual can either make an official complaint to the DOJ (see instructions at https://www.ada.gov/filing_complaint.htm#1) or file a private lawsuit against the store. However, given the large volume of ADA complaints from people throughout the United States, a DOJ review can take up to three months.

Alternatively, the DOJ can investigate a complaint, intervene in an individual’s private lawsuit in cases of general public importance, or initiate a compliance review. Settlement negotiations are often used to resolve disputes. In appropriate cases, the United States Attorney General may file a lawsuit in federal court and obtain civil penalties of up to $55,000 for the first violation and $110,000 for any subsequent violation.

So are you ready to challenge the access violations that limit your independence?

To dig deeper, read ADA Accessibility Standards at https://www.access-board.gov/ada/ and ADA Title III regulations at https://www.ada.gov/regs2010/titleIII_2010/titleIII_2010_regulations.htm.

For history on how Little People of America led the charge to lower the unobstructed side-reach standard from 54 to 48 inches in federal and state law, read Chapter 15, Breaking the Six-Inch Reach Barrier, in “ALWAYS AN ADVOCATE: Champions of Change for People with Dwarfism and Disabilities.” Print, audio and e-books are available at https://www.amazon.com/dp/1737333600/.

Categories
Accessibility Transportation

No Wheelchairs Allowed

No Wheelchair on Train

Our attempt to board the St. Louis zoo-line railroad almost got us arrested in May 1993. Robert and I planned to ride the train and use Robert’s wheelchair to reduce walking between the zoo’s exhibits. But the sign posted at the railroad station telegraphed trouble ahead:

OUR INSURANCE PROHIBITS
WHEELCHAIRS OR STROLLERS
ON THE TRAIN.

Because this was a clear violation of the Americans with Disabilities Act (ADA), we stayed in line determined to ride with Robert’s wheelchair.

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When we reached the front of the line, Robert wheeled onto the platform but was told he must leave the wheelchair at the station. The attendant had no interest in Robert saying he needed the wheelchair when he got off the train. She was adamant he leave the wheelchair behind. We asked to see the manager when she wouldn’t budge even after I told her this refusal was an ADA violation.

Initially we blocked the path of people waiting to board the train, but agreed to step aside while waiting for the manager. When several trains came and went with no arrival of a manager, the need to take further action was evident.

We moved back to the front of the line and when the next train pulled into the station, moved onto the platform ready to board with the wheelchair. However, our plan was thwarted when several zoo security staff surrounded us, blocked our attempt to board, and ordered us off the platform so that the train could leave the station.

Now we had a choice to make. We could cause the trains to stop running by refusing to leave the platform and be arrested for refusing to move. The alternative was to step aside again based on the assurance that the manager was on his way. We chose to be reasonable and moved off the platform so that the train could leave. Even so, we kept the pressure on by blocking the front of the line so that no one could board incoming trains. But this plan was foiled when staff began loading trains from the other end of the line.

It took another 30 minutes for the zoo manager to show up. We were grateful that he recognized separating Robert from his wheelchair was against the law. Even though he wouldn’t allow the wheelchair on the train, the manager offered an acceptable alternative accommodation. We rode the train and watched the wheelchair ride alone in an electric cart alongside the train.

We declined the manager’s offer of a designated driver to ride us around the zoo in an electric cart. A principle was at stake. We didn’t want special treatment. Our only desire was to ride the train like everyone else.

This post is a condensed excerpt from Chapter 14, Let Me Ride, pages 139-141, in “ALWAYS AN ADVOCATE: Champions of Change for People with Dwarfism and Disabilities.” Buy your print or e-book copy today at https://www.amazon.com/dp/1737333600/.

Categories
Accessibility Disability Rights

Making the Impossible Happen

Always An Advocate

Characterized as the biggest state and local building code change in 20 years, October 8, 1997 is a date few know to commemorate. This is when the ICC/ANSI A117.1 Committee on Accessible and Usable Buildings and Facilities (the Committee) broke the six-inch reach barrier. Lowering the standard from 54 to 48 inches in new or altered buildings and facilities made ATMs, gas pumps, elevators—everything activated with a push, pull or turn—accessible to people with dwarfism and half a million others whose disability involved a reach limitation.

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LPA proposed the change in 1994 after becoming a Committee member in the consumer category as one of ten disability organizations requiring accessibility. Other categories include building owners and operators, producer/distributors of manufactured products, professional organizations, regulatory agencies, and building code officials.

As the delegate representing LPA, I learned the Committee had no appetite for our proposed changes. But after a vigorous debate in February 1996, the Committee agreed to place 48 inches in the second draft revision of the ANSI Access Code—the key word being draft. In the Fall of 1996 and Spring of 1997, the Committee considered public comments and negative ballots filed on the draft. The American Bankers Association and manufacturers of gas pumps and vending machines joined the Building Owners and Manufacturer’s Association in opposition to the 48-inch change. Given the size and economic power of these opponents, a David and Goliath battle was imminent.

It seemed there was no hope for change. Experienced disability advocates were concerned that our early victory of getting 48 inches into the draft was about to slip away. Delegates were under a lot of pressure to change their early votes in support of the change. But I used my arsenal of weapons: preparation, persuasion, and prayer. And I believed God could move the hearts of Committee members to retain 48-inches.

After a five-hour battle, the room was quiet as the votes were carefully counted: 13 in favor of 54 inches, 18 for 48 inches, and seven abstentions. Victory. I attributed the triumph to Divine intervention. How else do you explain the force that withstood three of the most powerful industries in the nation—banking, oil, and retail?

In a surprising move, the Committee met again in October 1997. Once again I had to argue for lowering the reach standard from 54 to 48 inches. I didn’t think I could handle going through another battle. In my anguish, I called Robert to put this on our church prayer chain. God was faithful, and the Committee chairperson limited the debate to a recap of the main issues and only allowed the clock to run for one hour. After the fifth and final debate on LPA’s proposal, the victory was more decisive—22 votes for 48 inches, eight votes for 54 inches and only two abstentions.

Many little people have said they think of me every time they use an ATM, but I think of God’s grace, power, and justice. He deserves the credit for making the impossible happen.

This post is adapted from Chapter 15, Breaking the Six-Inch Reach Barrier, in “ALWAYS AN ADVOCATE: Champions of Change for People with Dwarfism and Disabilities.” Buy your print or e-book copy today at https://www.amazon.com/dp/1737333600/.

Dedication

Marilyn Golden


This post is dedicated to Marilyn Golden, Senior Policy Analyst for the Disability Rights Education and Defense Fund. Marilyn was our strongest ally on the Committee and used her legendary advocacy skills to garner support for LPA’s 48-inch proposal. I’ll be forever indebted to Marilyn for taking me under her wing to understand the process, know who to trust, and lead by example. https://dredf.org/2021/09/22/in-memory-of-marilyn-golden/

Categories
Accessibility Celebrations

Access Hits and Misses in New York City

Decade Birthday Tradition

On August 30, 2015, Robert and I continued our decade birthday tradition with siblings and spouses.  This was my brother’s 60th so he chose the destination. Our flights from Australia and Florida landed all six of us in New York City for five days and a weekend with Greg’s daughter Holly who flew in from London.

Upon arrival at LaGuardia airport, Robert and I appreciated the help of the airport taxi dispatcher and a driver willing to load two scooters into his vehicle. We assured the driver that family would help him unload at our lodging. This was a better solution than scrambling to find an accessible taxi.

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Greg’s wife, Julie, had asked every conceivable question to ensure that our second floor Airbnb loft had an elevator and no stairs. We planned to come and go independently like the rest of our crew. But the booking agent overlooked the three-inch rise from the sidewalk into the building and the elevator was a far cry from accessible. But we were thankful that one scooter at a time could squeak through the narrow door into the small elevator car.      

We primarily navigated our way around Manhattan riding accessible city buses and the subway to stops with elevators. This eliminated any parking problems, unless you count the perturbed parking attendant who did not appreciate my photo op humor when I backed my scooter into a ground level space underneath a car on a second tier hoist.

Greg’s birthday dinner was fine dining with great décor, toasts, and God’s blessing. And his birthday gift from Deborah proved to be the highlight of the trip—tickets to the opening night matches of the US Open at the Billie Jean King National Tennis Center in Flushing Meadows, Queens.

The accessible seats in Arthur Ashe Stadium gave us an unobstructed view of the tennis court and were near the section where Serena Williams family and coach were seated. The challenge was getting to our seats. The volunteer elevator usher repeatedly let us out on the wrong level. This was a big deal because of the long wait for an elevator car with room for the scooter. (Yes, only one scooter this time as Robert is not a tennis fan.)

After enjoying two matches of top-tier players, we exited the stadium and moved with the masses to the subway about 1:00 AM. However, we were shocked to exit the train at our stop and find the elevator out of order! Thankfully, Greg and Rob carried my scooter up the stairs and Deborah and Julie helped me. The next day we learned that the UK tourist we met on the train the night before was also confronted by an out-of-order elevator at his station. His power wheelchair was too heavy to lift and he had to board another train, exit at Grand Central Station, and wheel back to his hotel on city sidewalks in the early hours of the morning.

Do you have an access vacation story to share?

This post is based on outtake material removed from “ALWAYS AN ADVOCATE: Champions of Change for People with Dwarfism and Disabilities” releasing on Amazon on October 8, 2021.

Categories
Accessibility

A Trendy Olympic Sport – Hotel Bed Climbing?

Hotel Bed Height
Image by Solomon Rodgers from Pixabay

In our last hotel stay, we enjoyed accessibility in the parking lot, at the entrance and service counter, and in the elevator. We could even reach the key card slot for our room. But when we opened the door to our accessible room, we were dismayed.

It wasn’t something silly like the remote on top of the TV or towels on high shelves. No, it was height of the bed. How would we climb onto it? The bed was level with our chest and must have been at least 27 inches tall. At our height of 40 inches, this was an impossible feat. There was no stool in sight and none were available at the front desk.

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In the last decade, hotels have trended to taller beds, with the top of the mattress ranging in heights from 25 to 30 inches from the floor. Although we borrowed a stool from the gift shop, this solution would not work for people who use wheelchairs. The typical seat height of a wheelchair is 19 inches above the floor.  So a bed as tall as 30 inches creates a height difference of nearly one foot! An independent transfer is impossible and standing on a stool is unattainable.

So how could this happen in an accessible room? Doesn’t the Americans with Disabilities Act (ADA) address bed height? Well, not specifically; tall beds weren’t a problem in 1990 when the ADA was passed. As a result, the ADA Accessibility Guidelines (ADAAG) are silent on the subject. Even though ADAAG was updated in 2010, no bed height mandate was added.  

However, all is not lost for people with disabilities who don’t qualify for the “Olympic sport” of bed climbing. The hotel can be asked to make reasonable modifications in the assigned guest room. Engineering or maintenance staff can be called to lower the bed by removing the bed frame, box spring, or mattress and replace it with a lower profile mattress. 

If the hotel refuses to make the modification, complainants can take this access violation to court. For example,  an ADA Title III (42 U.S.C. §§ 12181-12189) lawsuit on inaccessible tall beds, Migyanko v. Aimbridge Hospitality, LLC, was filed in a Pennsylvania federal court on June 7, 2021. Although ADAAG does not cover hotel bed height, both the plaintiff and the U.S. Department of Justice argue that the ADA’s general nondiscrimination requirements apply and require hotels to make reasonable modifications where necessary to provide the hotel’s goods and services to people with disabilities.

Alternatively, a petition can be filed with the U.S. Access Board to change ADAAG to “require bed regulations in wheelchair accessible lodging facilities.” Gina Schuh has started this ball rolling. Her petition to the Access Board on bed design at change.org currently has 87,320 signatures.

So let’s celebrate the ADA’s 31st birthday by putting an end to hotel bed climbing. This is not a “sport” suitable for people with disabilities.

Read more about access issues in the first book of my dwarfism trilogy, Dwarfs Don’t Live in Doll Houses, Chapter 5, At Your Physical Pleasure. Pre-owned copies are available on Amazon and an e-book is coming soon.

Categories
Accessibility Little People of America

Measure Up for Independence

Measure Up

Independence is highly valued and celebrated by nations, people groups, and individuals. For some, independence relates to coming of age and, for others, it’s a prolonged struggle with many battles along the way. For people with dwarfism, independence in the built environment is a prolonged and ongoing struggle. The Measure-Up Campaign was one of the many battles Little People of America (LPA) won in our fight for independence.

When LPA applied for membership on a national committee setting building code standards in accessible and usable buildings and facilities in 1994, we had one primary objective—to change the standard to lower equipment with operable parts to be within the reach of people with dwarfism. We asserted our right to independently use ATMs, self-serve gas pumps, elevators, and the like.

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LPA knew that our request to amend the standard to lower operable parts on equipment by six-inches, from 54 to 48 inches, was like firing the first shot across the bow. We anticipated resistance from the affected industries represented on the committee. And the push back was immediate. Committee members returned fire with a call for more research. As LPA’s representative on the committee, I quickly learned that a committee call for research was “code” for delay and denial.

Instead of waiting for the committee to conduct the research, LPA took action to answer the questions:

  • Is 48 inches the right height?
  • How high can people with dwarfism reach?
  • And what effect will this have on people with other disabilities?

The 1995 LPA national conference in Denver, Colorado was perfectly timed for gathering the data to answer these questions. And so the LPA Measure-Up Campaign was born.

Robert Van Etten (a rehabilitation engineer and former LPA president) partnered with Dr. Ed Steinfeld (an architect, university professor, and Committee member) to design a reach range survey. One hundred subjects would have made the survey statistically valid. This number was easily surpassed when the Measure-Up Campaign captured the measurements of 172 adult little people. The reward of a Hershey chocolate kiss may have induced some to line up for measurements of their height, arm extension, eye height, and vertical reach, but the desire to independently use ATMs was a greater motivation. The results were documented in multiple tables and graphs in the study called the “Anthropometric National Survey of Adult Dwarfs of 1995.”

Within weeks of the survey, I returned to the Committee meeting armed with research results that pulled the rug out from under those determined to keep the status quo. The data documented that if the unobstructed side-reach standard was reduced to 48 inches about 80% of people with dwarfism would be able to reach ATMs and everything else activated with a push, pull, or turn.

Winning this key battle moved committee members beyond sympathy and forced them to face the need to break the six-inch reach barrier. People with dwarfism and other reach disabilities were one step closer to functioning independently in public places.

This post is adapted and excerpted from Chapter 15, Breaking the Six-Inch Reach Barrier, in “ALWAYS AN ADVOCATE: Champions of Change for People with Dwarfism and Disabilities” releasing in October 2021.

Categories
Accessibility

CONTESTS: Breaking the Six-Inch Reach Barrier

Gas Pump

Over a trillion photographs are taken every year. And on an average day, 95 million photos are uploaded on Instagram and more than 300 million photos are uploaded on Facebook. Mobile phones’ were estimated to account for 89% of these photos in 2020, only 20 years after the first mobile phone with a built-in camera was introduced.

So let’s be counted in the trillion and celebrate National Camera Day on June 29th and Social Media Day on June 30th. Have some summer fun and enter the photo and/or social media contests running in July and August.

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But instead of taking typical photos, focus on the independence people with dwarfism—and half a million others with reach disabilities—gained when the six-inch reach barrier was broken on October 8, 1997. Submit photos of yourself, or someone you know in this population, independently using an ATM, self-serve gas pump, elevator, bathroom faucet, doorbell, cashier point of sale, or anything that is touch activated. And follow the contest specs outlined below.

PHOTO CONTEST

  1. GRAND PRIZE: US$100 digital Amazon gift card and a free e-book of “Always An Advocate: Champions of Change for People with Dwarfism and Disabilities.”
  2. Contestants must own the rights to the photo and can be either the model, photographer, or both.
  3. Contestants must obtain a written photo release (email or text) from photo models agreeing to their image being entered in the contest and, if selected, used in social and print media marketing campaigns for “Always an Advocate.”
  4. Photographers will receive a photo credit if their entry is used in a marketing campaign.
  5. Photo entries can date anywhere between 2000 and 2021.
  6. Specifications: 1200 x 1500 dpi.
  7. Increase your chance of winning, by entering photos with different models, or the same model using different devices.
  8. Write a caption naming the device depicted, the town or city and State of the photo location, and the photo model’s first name. 
  9. Enter your photo with a post on social media with the hashtag #AlwaysAnAdvocate and email to angela@angelamuirvanetten.com.
  10. The Van Ettens reserve the right to cancel the contest if there are fewer than ten entries.

SOCIAL MEDIA CONTEST

  1. PRIZE: US$25 digital Amazon gift card and e-book of “Always an Advocate.”
  2. Request a copy of the “Always an Advocate” book cover from angela@angelamuirvanetten.com.
  3. Post, share, tweet, and/or comment on the book cover with the goal of making it go viral on your social media platforms: Facebook, Instagram, Twitter, etc.
  4. Mark your posts with the hashtag #AlwaysAnAdvocate.
  5. All entrants will be entered into a drawing with a chance to win.

RULES APPLICABLE TO BOTH CONTESTS

  1. Eligibility: contestants and photo models must be age 18 or older.
  2. DATES: begins June 28 and ends August 30, 2021.
  3. Winners will be selected by the author, Angela Muir Van Etten and her husband, Robert Van Etten.
  4. Winners will be posted on
    a. Angela’s website at https://angelamuirvanetten.com on September 6, 2021, the date pre-orders begin for the “Always An Advocate” e-book edition; and b. Angela’s social media platforms: Amazon Author page, Facebook, Instagram, Goodreads, and Pinterest.
  5. All contest decisions are final and cannot be appealed.

This post enhances Chapter 15, Breaking the Six-Inch Reach Barrier, in “ALWAYS AN ADVOCATE: Champions of Change for People with Dwarfism and Disabilities” releasing in October 2021.

Categories
Accessibility Accommodations

Why Did You Buy a House With a Dead Tree in Front?

Norma & Angela

In our first two years living in Rochester, New York we rented a one-and-a-half bedroom apartment with windows so high that we could only see the sky on one side and the carport roof on the other side. We bypassed properties with a view and rented a cheaper unit so we could save for a deposit on our own home. We hated not seeing out the windows, but it was the only way to accomplish our goal of home ownership.

So after being married five years, we bought a modest two-bedroom home with window views accessible to our 35-inch line of sight.

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However, our delight was not understood by our young niece who couldn’t understand why we bought a house with a dead tree in the front. As a Florida girl, she didn’t know about deciduous trees.

Among other things, we chose the house because of its accessible features and potential:

  • The attached two-car garage eliminated the need to scrape winter snow and ice off the cars.
  • The short driveway reduced the snow shoveling volume.
  • The steep steps from the garage into the kitchen could be modified with a handrail and five low-rise steps.
  • A platform lift could ride us down the stairs to the basement laundry.
  • A ramp could be placed over the steps at the front door.
  • The large kitchen could be gutted and modified to our specifications.

After a year of saving for the kitchen modifications, we retired the platforms built for our Baltimore apartment. The renovations began during a three-week visit from Eric, a contractor friend from New Zealand, when he ripped out the inaccessible cabinets before recovering from jet lag. Eric built the custom cabinet frames; inset a stovetop into one of the cabinets; painted, plastered, wallpapered, and replaced missing floor tiles.

After Eric’s departure, we hired a carpenter who was visually-impaired to design, build, and install the pullout drawers and cabinet doors. Robert recognized the carpenter’s talent when he provided his rehabilitation engineering services to equip the carpenter with assistive technology to access the design program on his computer.

Snow covered the yard when we made an offer on the house, so when the snow melted it uncovered too much garden for us to manage. But instead of returning the garden to lawn, we accepted a sharecropping offer from my co-worker, David, and enjoyed an abundance of fresh vegetables.

Instead of hiring a contractor to mow the lawns, we bought a riding mower with a grass catcher that we could slide on and off and added a foot pedal extension. Robert’s job was to maintain the mower and mine was to ride it. The novelty of mowing lawns for the first time in my life quickly wore off when the hose kept disconnecting from the catcher spraying grass everywhere, and the vibration distressed every joint in my body. And we won’t even talk about all the leaves that “dead tree” dropped in the Fall.

So tell me about modifications you’ve made in your home.

This post is excerpted from chapter 9, Home At Last, in “Pass Me Your Shoes.” For a full account, go to https://angelamuirvanetten.com for several retail links to the book and the opportunity to subscribe to my weekly blog.

Categories
Accessibility Medical

Tackling Inaccessible Medical Equipment

Cornea Diagnostic Equipment
Cornea Scanner

In 2020, I had eye surgeries to remove cataracts, implant intraocular lenses, and remove scar tissue that developed behind each implant. I enjoyed throwing out my old contact lenses and donating my eye glasses to charity. But the inaccessible medical equipment challenged my independence.

After 45 years of regular eye doctor visits, I was accustomed to being unable to reach ophthalmic diagnostic equipment. Typically, I gained the extra inches needed by stepping up onto a phone book. However, this simple solution was unavailable during my 12 pre- and post-op visits. Besides, who has phone books anymore?

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I rejected the step stool staff offered explaining that my knees don’t bend and I couldn’t step onto it. Not ready to give up my independence, I also vetoed staff lifting me onto the stool. I chose to stand on reams of copy paper to gain additional height. Success. What I didn’t know was that we weren’t done.

Next was the cornea scanner. But copy paper wasn’t enough to elevate me to this machine and there was no escaping a stool. Yet I still insisted on accessing the equipment without being lifted. Fearing my fall, staff hovered close by as I used reams of copy paper to create a small step next to the stool and from there swing my leg up onto the stool. Independence maintained.

A couple of months later, I was challenged by an Ophthalmic Yag Laser System at the outpatient surgery center. The equipment accomplished two things: removing the unwanted membrane behind my lens implants and infringing on my independent access. None of my prior strategies got me high enough. I had no choice but to allow the surgeon to lift me onto a chair. But before doing so, I checked if he had a back problem and disclosed my weight. He assured me that he lifted weights way heavier than me in the gym.

Laser Surgery Machine
Laser Surgery Machine

After the procedure, I kicked into advocacy mode. Not everyone has a surgeon who can lift weights heavier than their patients. And what about wheelchair users who can’t stand on the floor let alone a chair? Because the surgeon has a financial interest in the surgery center, I put him on notice that I would be calling on him in the future to be pro-active in ordering accessible medical equipment. Documentation with photos, laid the groundwork for my communication with the manufacturer.

I later learned that the Architectural and Transportation Barriers Compliance Board had issued technical criteria for medical diagnostic equipment (MDE) to be accessible to, and independently usable by, patients with disabilities, to the maximum extent possible. Although the MDE Appendix to 36 CFR Part 1195  has been effective since February 8, 2017, it cannot be enforced because authorities like the United States Departments of Justice (DOJ) and Health and Human Services (HHS) have not adopted the MDE Standards as mandatory requirements for entities subject to their jurisdiction.

Does anyone hear the call to advocate for making accessible MDE mandatory? What’s your experience with MDE?

For additional reading, see Standards for Accessible MDE. A Rule by the Access Board January 9, 2017, accessed on April 15, 2021. https://www.federalregister.gov/documents/2017/01/09/2016-31186/standards-for-accessible-medical-diagnostic-equipment and “Access To Medical Care For Individuals With Mobility Disabilities.” United States DOJ and HHS 2010, accessed on April 15, 2021.  https://www.ada.gov/medcare_mobility_ta/medcare_ta.htm.