http://www.sltrib.com/10292001/utah/144157.htm
Monday, October 29, 2001
A paraplegic cannot maneuver his
wheelchair through a restroom door. A woman with multiple sclerosis finds
a business lacks accessible parking and has to go elsewhere because she
is unable to walk long distances.
Although it has been more than 10
years since passage of the Americans with Disabilities Act, which was supposed
to increase handicapped access in every area, these scenarios are encountered
daily by Utahns with disabilities, advocacy groups claim.
And, they say, no one is watching
those businesses that have yet to comply with the ADA. In Utah, there is
no city, county or state watchdog organization monitoring or enforcing
codes for people with disabilities. In most cases, it falls to the disabled
themselves.
"We have to enforce the ADA," said
Barbara Toomer, a board member for the Disability Rights Action Council
and a longtime advocate for people with disabilities. "Nobody is going
to do it for us." Last week, DRAC filed suit against The Boyer Co. and
Sizzling Platter Inc., saying that some facilities they own are inaccessible
to people with disabilities.
The Boyer Co., which develops commercial
real estate, was sued along with related entities over the Life Centre
Athletic Club in Sandy. Plaintiff Lester Bryan Morgan of Sandy claims in
the suit the swimming pool, free weights and locker rooms are inaccessible
to wheelchair users.
Sizzling Platter, meanwhile, operates
several Sizzler restaurant franchises in Utah. Plaintiff Tammy Miner of
Salt Lake City claims in that suit the restaurant does not provide adequate
parking, remove obstructions to tables and ensure bathrooms are wheelchair
accessible.
Greg Gardner, who manges the Life
Centre building, said at the time the suit was filed it came as a surprise;
in 10 years, he said, the company has never had a complaint.
Sizzling Platter's Steven Lowe, one
of two owners and the firm's attorney, said last week all Sizzler restaurants
have handicapped accessible restrooms except for a few that were built
in the early 1960s. The design of the Sugar House restaurant, 2111 S. 1300
East, which Miner visited, makes it impossible to enlarge the bathrooms,
which are in the middle of the building, Lowe said.
Problems like those identified at
these two businesses can be found all over the valley, said John Pace,
senior litigation attorney for the Disability Law Center. "Every block
in this city has parking that's illegal . . . every public service business
has little things they could do to make their business accessible."
Many business owners claim they don't
have customers or clients with disabilities, Pace said. That's likely,
because if people with disabilities can't mount steps in front of a building
or find accessible parking, they will go elsewhere.
"You put a step on a business, it
says, 'If you're disabled and use a wheelchair, stay out,' " Toomer said.
The ADA mandates all public access
buildings -- banks, hotels, restaurants -- be made accessible to people
with disabilities.
The law applies in three ways, Pace
said. Brand-new buildings need to be made accessible, and a building that
is "significantly renovated" needs to be brought into compliance. A third
way is modifications deemed "readily achievable" -- parking, cuts in curbs
to allow wheelchair access, adding a ramp, if possible, and widening doorways
to public bathrooms, for example.
Businesses are required "under every
circumstance" to at least perform the readily achievable tasks, he said.
There are exceptions -- if, for instance, a business can prove it would
be impossible to make the changes to ensure accessibility, or if other
arrangements can be made.
"If I have to put in an elevator
to get you to the second floor, it may break my business," said Steve Wrigley,
spokesman for the state Division of Services for People with Disabilities.
"I could bring the business to you on the first floor."
For instance, a loan officer on the
second floor of a bank could come to the first floor to help a customer
with disabilities, he said.
Also, a building is not required
to make accommodations if it can prove it's impossible to do so, Pace said.
Different rules can apply if a building is historic.
City and county building inspectors
usually only check for ADA compliance in newly constructed buildings or
those that have been remodeled after the owner obtained a permit, said
Calvin Schneller, director of the Planning and Development Services Division
for Salt Lake County.
"We don't have the staff to routinely
go into buildings and check them out," Schneller said.
But the county's inspectors can barely
keep up with the new construction currently under way, he said.
Schneller said he wouldn't venture
a guess as to the percentage of businesses in the valley that are ADA compliant
because of the many variables. "You have to assume that anything new built
after 1990 was in compliance," he said. "And [you would have to know] how
many buildings were in compliance before that time."
But since the ADA is a federal law,
enforced by the U.S. Justice Department, cities and counties have no jurisdiction,
said Enzo Calfa, Salt Lake City plans examiner. Building inspectors do,
however, point out compliance issues when residents apply for permits to
build or renovate, he said.
Still, the ADA remains unpopular,
Toomer said. A bill that would have required people with disabilities to
give businesses 90 days' written notice before filing suit died in a congressional
committee some time ago, "but that's a threat."
"People want to get rid of the ADA,"
she said. "It's really too bad, because making [a building] accessible
for one group makes it accessible to everybody."
Toomer said she has a 4-foot-11-inch-tall
relative who benefits from lowered counters, installed to be accessible
to those in wheelchairs. Also, mothers with baby carriages might appreciate
using a ramp instead of stairs, she said.
"They benefit everybody. People just
don't see it that way."
aebroughton@sltrib.com
© Copyright 2001, The Salt Lake
Tribune
BY ASHLEY ESTES BROUGHTON
THE SALT LAKE TRIBUNE