How to Fight for ADA Standards?

Introduction

The article "What Is Happening to the Accessibility of Restaurants for Disabled People?" (0) published in April attracted the interest of a readership. In addition to other comments, the editorial office received a letter from a reader asking for practical help in protecting ADA standards.

"Mr. Kuljuk has inspired me to be more of an advocate. If you know of any agencies that can assist me in my new role, please advise. I do want to add that I will be a "reasonable advocate". The physical constraints restaurant owners are working with is real. But I do not think it is unreasonable to request at least one table to be accessible," the reader wrote.

In response to their wishes, we tried to find out what a person who wants to protect ADA standards in the United States can do. Here's the result.

Main Item

The Path of Lone Heroes

Going it alone is the most difficult and unpredictable way to fight for ADA standards. As someone who has experience dealing with such powerful organizations as OFAC or Wells Fargo Bank*, I do not advise anyone to try to change this world alone :) However, since I once made such an attempt, I will share my understanding of independent struggle.

If you love justice, then at the federal level your assistant can be the U.S. Department of Justice (DOJ). Here is what the organization's website says about our topic:

"The DOJ issues, enforces and provides technical assistance on the ADA regulations governing public accommodations and state and local government services. Technical assistance is provided by telephone and by web-based material on title II and III issues such as service animals, polling places, accessible websites and emergency preparedness."

The DOJ website provides an online complaint option for people who have noticed a violation of the law. If you believe that you or someone else has been discriminated against based on a disability, you can file an Americans with Disabilities Act (ADA) complaint against:

A state government or local government, such as a:

• Public hospital
• Public school
• Other state or local government program
• A private business that serves the public, such as a:
• Restaurant
• Doctor's office
• Shop
• Hotel

A special page for sending complaints (1) contains information to help you write a letter. There are also phone numbers you can call to find out the status of your complaint.

You can try your hand not only at the federal level, but also at the regional level. In this case, you will have more helpers. Since very often local authorities stimulate such activity of citizens. For example, this happens in North Carolina. There, on one website, citizens are offered to write letters to three addresses in case of violation of ADA requirements:

• Building owner
• Local (town, city or county) building inspector
• Local ADA Coordinator.

Sample letters for each recipient are also posted on the website. (2) You can use these sample letters or search for a similar local government initiative in your region.

Common Cause

It is easier and more effective to fight ADA violations by joining an organization. This can be done at the state or city level. Each state government has a department that supports volunteers. Very often, these volunteers fight for ADA standards. For example, in New York State it is the "Commission on National and Community Service", (3) and in Georgia it is "The Georgia Commission for Service and Volunteerism (GCSV or Georgia Commission)". (4) Find a similar department in your state government and find out if volunteers are needed to fight for ADA standards.

In some states, officials themselves are looking for volunteers. For example, this is the case in Nevada.

"We are looking for volunteers with special insight to assist the State of Nevada agencies in their remediation efforts in the hope that we can eliminate ADA barriers. It is our goal to deliver the same experience to everyone, and we appreciate your willingness to participate in this process. This program is on a strictly volunteer basis, even though it may provide a reference for future employment opportunities," - says the website of the state government of Nevada. (5) And this is said beautifully!

There are also opportunities to advocate for equity at the city level. For example, Portland, Oregon has a Portland Police Bureau's Disabled Parking Enforcement Unit.

The city government's website states:

"The Disabled Parking Enforcement Unit is comprised of citizen volunteers educating the public on disabled parking and enforcing disabled parking permit violations allowable under ORS 811.632. The unit focuses on parking lots throughout the City of Portland with properly designated disabled parking." (6)

Perhaps there is a similar organization in your city. Look for it! It is worth noting separately that the creation of police departments consisting of volunteers is permitted in many states. For example, this opportunity is provided for by the legislation of the state of North Carolina. The law states:

"Under N.C. General Statutes § 160A-282(a)," [a] city may by ordinance provide for the organization of an auxiliary police department made up of volunteer members."

That is, there is an opportunity to create such a division if it is not in your city. In the fight for the rights of the disabled, doing more is better than doing less!

Alternative Option

Enforcing and maintaining ADA standards has become a real business. Several companies at the state (8) and even federal (9) level are engaged in commercial activities in this area. These firms not only help restaurant and other property owners comply with ADA requirements, but also provide legal protection to property owners if they comply with the requirements and are attacked. There are also companies that develop software that helps with ADA compliance. (10)

Collaborating with such companies can be a profitable business, unlike volunteering alone or with someone else. In this case, you can not only do a good deed, but also earn money.

The average cost of volunteering in the United States in 2024 shows how big the earnings can be. This figure is $33.49 per hour! (11) You don't need to value your work in a commercial company for a good cause cheaper.

Bingo! But this phrase can be said if you get such a job.

Conclusion

As we can see, there are at least three ways to fight ADA standards. The choice of methods of struggle depends on the personal characteristics of the person wishing to take up this matter. It is worth remembering that the path to justice is so difficult that sometimes the process itself becomes more important than the result. This gives strength not to turn off the path.

*These events had no bearing on ADA standards but provided valuable insight into what it means to be a bureaucracy backed by money and political power.

Check List

0) https://www.disabled-world.com/disability/accessibility/restaurant-access.php

1) https://www.ada.gov/file-a-complaint/

2) https://disabilityrightsnc.org/resources/a-guide-to-accessible-parking/

3) https://newyorkersvolunteer.ny.gov/

4) https://www.dca.ga.gov/local-government-assistance/partnerships/georgia-serves

5) https://adahelp.nv.gov/volunteer

6) https://www.portland.gov/police/disabled-parking-enforcement-volunteers

7) http://www.ic.nc.gov/ncic/pages/statute/160a-282.htm

8) https://www.proactiveaccess.com/restaurant-casp-inspections

9) https://inspectionsada.com/

10) https://www.xenia.team/templates/restaurant-ada-compliance-checklist

11) https://independentsector.org/resource/value-of-volunteer-time/

Author Credentials:

Pavel Kuljuk's articles and poems are published in Australia, North America, and Europe. In recent years, he has been constantly collaborating with Australian Rural & Regional News (Australia), Red Hook Daily Catch and OpEd News (USA), and Disabled World (Canada). Kuliuk's individual publications are in Forbes (Kazakhstan), Rural 21 (Germany), London Loves Business (UK), Karrep (India), RealClearDefense (RCD), Change Links, Daily Caller (USA), and many others. Explore Pavels' complete biography for comprehensive insights into his background, expertise, and accomplishments.

Page Information, Citing and Disclaimer

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Cite This Page (APA): Kuljuk, P. (2024, July 31 - Last revised: 2024, September 20). How to Fight for ADA Standards?. Disabled World. Retrieved December 10, 2024 from www.disabled-world.com/disability/accessibility/ada-standards.php

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