Fightin' The Man: The Determination To Our Ada Fight

See the get-go chapter of this study here: Part 1

When people tell I should file a legal complaint when someone denies access on our trips fourth dimension together with fourth dimension again, I tell them that don't hold opor-garai to instruct a lawyer or to start a legal fight...I'm at that spot to taste it. Small hassles are endured or avoided but sometimes you lot only can't avoid it.

That's especially truthful when you're at home. Now I produce cause got the fourth dimension to produce something well-nigh it, but still, I don't kicking the bucket out of my agency to choice a fight.

There are times when you lot only can't instruct out the condition quo.

I'm non a litigative or combative person. I tin privy count on my 1 hand...four...the times, inwards l years, that I've been bugged plenty to truly acquit through a struggle to conclusion.  The 4th fourth dimension is hither at the Fri Night Family Festival inwards Monrovia.

When the director of the festival decided they could squelch inwards roughly other distich of vendor booths past times putting them on the corner curb ramps, blocking wheelchair access to roughly really pop eateries on Myrtle Avenue, I couldn't permit it top by.

It's funny...if you're inwards this province of affairs you lot likely know...that when you lot complain to the people responsible for denying you lot access, many times the resultant is that they dig inwards their heels together with dare you lot to produce something well-nigh it.

Complaining to the vendors together with the director did zilch together with after 3 weeks, the province of affairs remained. Time to accept it to the adjacent level.

My adjacent pace was to detect the relevant passage inwards the law. Although the entire text of the Americans alongside Disabilities Act is online, searching it was non easy. I searched on ramps together with constitute specifications for edifice one. I searched on curb cuts together with constitute specifications for installing those too.

I searched for a distich of days, off together with on, until I striking upon "path of travel." Bingo! Section 12147 of the ADA specifies that publicly owned "paths of travel" tin privy solely endure blocked temporarily when a repair is necessary.

I went to the City of Monrovia's website, constitute the e-mail address of the mayor, together with fired off the most polite alphabetic quality of electrical load I could muster telling them that every bit possessor of the curb cuts together with streets, they were responsible for curing this situation.

That alphabetic quality is every bit follows:

Dear Mayor ____

We go out at Movement Unlimited every Fri nighttime alongside our son, together with several other people, who purpose wheelchairs. After our workout, nosotros kicking the bucket over to the Family Festival for dinner together with to taste the fun together with farmer's market.

Recently, nosotros cause got noticed several times at the Fri nighttime Family Festival that vendors cause got been directed to gear upwards booths on curb cuts made for wheelchair access, peculiarly on the Southwest together with Northwest corner of Myrtle together with Colorado Boulevard.
 

I cause got complained to Festival staff together with to Mr. ______, president of _____________ Productions, that blocking the wheelchair access is non ethical or legal. Both times, I was told that they only had to supply a narrow path on the side of the ramp for wheelchairs or that they didn't cause got to comply for a special lawsuit (even though an lawsuit that takes identify every unmarried Fri nighttime does non appear to jibe the Definition of "special").
 

This is a motion painting of 1 of the booths:

According to the Americans alongside Disabilities Act, world paths of move are to endure maintained, barrier free.  Since this is a violation of that regulation, I would similar the City of Monrovia to brand clear to Mr. ______ and ________________ Productions that the urban inwardness does non approve or condone the placing of a barrier inwards the path of move meant for people alongside disabilities.
 

I would promise you lot would bring together me inwards this effort to maintain the best Family Festival inwards Southern California together with to brand certain all of its aspects are available to all citizens, non only those who are able to accept a pace onto a curb without the produce goodness of a ramp.

Thankfully, that's every bit far every bit this electrical load would cause got to go. Three days later, I got this reply from the mayor:

Hi Darryl 
Thank you lot for your email. I concur alongside you lot that nosotros should non violate the Act together with should non allow Family Festival to either. I volition hold off into this situation. Thank you lot for bringing it to my attention.

That was well-nigh 3 months ago. The ii corners cause got been clear together with barrier costless always since. 

Moral of the story, if you lot cause got the mightiness to accept action, produce so. Your beau special needs citizens volition endure thankful.

Next time, I'll kicking the bucket over the steps to accept if you lot require to invoke the ADA inwards your situation.

Darryl

Copyright 2013 - Darryl Musick

All Rights Reserved.