Happy 20th Anniversary, ADA

July 20th, 2010
Signing of ADA into Law

Signing of ADA into Law

The Americans with Disabilities Act (ADA) has its 20th anniversary on July 26, 2010. This ground-breaking civil rights law was intended to “establish a clear and comprehensive prohibition of discrimination on the basis of disability”.  This protection is intended to be similar to that afforded Americans on the basis of race, religion, sex, national origin and other characteristics through the Civil Rights Act of 1964. Disability is defined by the ADA as “a physical or mental impairment that substantially limits a major life activity.” The determination of whether any particular condition is considered a disability is made on a case by case basis. Certain specific conditions are excluded as disabilities, such as current substance abuse and visual impairment which is correctable by prescription lenses.

So, after 20 years, has the ADA made a difference? For this writer, it has! The ADA prohibits discrimination in employment, in communication access, programs and services in state and local government and access to community (public) accommodations. All of these are evidenced in my personal life.

I grew up, a wheelchair user from my elementary school years, in a small town in the 1960’s and ‘70’s. There were no curb cuts on street corners. No accessible parking spaces at the nearby shopping locations although there were hand controls and other devices to modify your car to accommodate a disabled driver. When I learned to drive, I had to find that rare extra-wide parking spot to allow me space to park and get my wheelchair out of my car. It was rare that I could plan on a trip to the bathroom at a restaurant (without a parent helping to carry me in the bathroom). I learned to plan bathroom trips carefully, always “go before you go out”, and to plan lots of extra time getting to a location because I might not be able to park.

Now, my daughter is growing up in a very different world. She is also a wheelchair user but as a young teen, hasn’t known a world where she was limited by physical barriers in her community. She walks down to our neighborhood center with her friends, getting a push when the hills are steep, but not limited by curbs. Curb ramps abound in our neighborhood! She assumes I can park our modified van in an accessible parking space at any store, movie theater, school, mall, airport or park that she wants to visit. She was shocked to find, to her dismay, that not every restaurant has a fully accessible restroom when 90% of our community restaurants are available to us (see, Mom is still right to say, “go before you go out!”)

She sees adults with disabilities in nearly every work position she encounters. We know successful business professionals, folks in the medical and business fields, science and education. She has role models in a wide variety of occupations – as a “wheelchair girl”, she knows she can do whatever she wants for a job in the future (well, she did check flight attendant off her list as she finally acknowledged that she couldn’t get down the aisle with the drink cart successfully.  But that’s only one of MANY, many jobs out there!) And discrimination in employment is just one of the many barriers that the ADA is helping to break down.

She is still too young to notice the third benefit that I use frequently – access to communication.  My hearing is declining rapidly as a part of my disability and while my hearing aids help immensely, I still struggle at lectures or the theater. I have become quite saavy about getting assistive listening devices at the symphony, lectures, theater or any time I can’t seem to catch what is being said. This is still a great job to me – that I can do things with friends out in the community and be a part of it all.

I wonder, at times, if all this benefit, invisible to her since she has known nothing else, will go uncelebrated. Accessing my community independently still brings me intense pleasure, in part, because I cherish what I worked hard to obtain. Will our young people still hold it community access dear? There is still work to be done – our civil rights can still be removed or reduced. The ADA allows a community of people to be contributing members of our society – but we can do more! Many people with disabilities are waiting for job opportunities, to allow them to get involved, to contribute, to pay taxes.  The ADA has made a change in our physical community, now we just need to change our attitudes along with it.

Happy 20th Anniversary, ADA!  I am looking forward to the next 20 years of change.

What Fair Housing can do for you

June 30th, 2010

You might assume that modifications to allow us to age gracefully in our own home are available only to those who own their homes. Perhaps you imagine that if you rent, you are not allowed to make change to your living environment and your only option for an easier living environment might be to leave your apartment. Not so!

Apartment building

Apartment building

The Fair Housing Act (FHA) prohibits discrimination based on race, color, religion, national origin, and sex. When the act was amended in 1988, it was changed to include discrimination against people due to disability and due to familial status (the presence of children under 18). The Fair Housing Act is enforced by the US Department of Housing and Urban Development (HUD). This Act makes it unlawful for any person to refuse to “make reasonable accommodations in rules, policies, procedures, practices and services when such accommodations may be necessary to afford… person(s) [with disabilities] equal opportunity to use and enjoy a dwelling.”

The FHA covers most housing. The Act does not cover Owner-occupied buildings with 4 or fewer units, housing operated by private clubs and some single-family housing rented without the use of a broker. Multi-family housing is covered.

The Fair Housing Act has been in effect for over twenty years but still both renters and landlords are often confused about their rights. Recently, the Department of Justice and HUD jointly released new guidance on “Reasonable Modifications” under the Fair Housing Act.

One type of discrimination prohibited by the FHA is the refusal by housing providers or homeowner associations to permit a reasonable modification when the modification may be necessary to afford the person full enjoyment of the premises. A reasonable modification is a structural alteration of the current building occupied by or to be occupied by a person with a disability. Although the housing provider or homeowner association must permit the modification, the tenant (or prospective tenant) is responsible for paying the cost of the modification. Examples of reasonable modifications include widening doorways to make rooms more accessible to persons who use wheelchairs or installing a ramp to provide access to a public or common use area, such as a clubhouse.

If a tenant makes a structural alteration to the premises that affects the use of the premises for the next tenant, the housing provider may require the tenant to remove that alteration. If the alteration doesn’t change future tenants’ use or enjoyment of the premises, then tenant may leave the alteration. For example, if a tenant used a mobility device and made an alteration to widen the door to the bathroom to accommodate that mobility device, it is not reasonable for the housing provider to request that the tenant restore the door width to its original size, since the wider door does not substantially alter the use of the bathroom. If a tenant removed a bathtub and installed a no-step shower, the housing provider could reasonably request that the tub be replaced for the next tenant because a shower does not provide the same experience as a tub.

Fair Housing also allows for “reasonable accommodations”.  Sometimes a policy or procedure may have a different effect on a person with a disability than on others. In these cases, modification of a standard policy or procedure may be required to allow a person with a disability equal opportunity to enjoy and use a dwelling as their neighbors. An example that is often used is when an apartment complex has a standard policy that all parking spots are first-come, first-serve. A resident, who has substantial mobility impairment, requests a reserved parking space close to the entrance to her building. There are available parking spots near her building that meet her needs that are currently available to any resident on a first-come, first-served basis. The landlord must make an exception to his policy and allow her an assigned spot.

For more information on your rights and what to do if you suspect you have been discriminated against, please see http://www.justice.gov/crt/housing/fairhousing/reasonable_modifications_mar08.pdf

Originally published on www.silverplanet.org

Making Chaos work for you

June 28th, 2010

I am a passionate reader – I love to read fiction and non-fiction alike and I enjoy sharing books with friends. Recently, three pals have each written books related to architectural practice (don’t I hang around with an elite crowd!) and I thought I’d introduce each book to my blog readers. Each book allows the inherent knowledge of each author that I value so much to the larger community of architects and designers.

Cover of Small Firm Management book

Cover of Small Firm Management book

Today, I want to introduce Rena Klein’s book:

The Architect’s Guide to Small Firm Management: Making Chaos work for you

From the Wiley website -

“The definitive guide to management success for sole practitioners and leaders of small design firms

Owning and operating a small architectural design firm can be challenging, with tight project deadlines, on-the-fly meetings, rush proposals, and fluctuating workloads as part of the firm’s day-to-day activities. To help small firm owners cope with the chaos and prepare for the unexpected, here is The Architect’s Guide to Small Firm Management, a no-nonsense guide to repurposing daily demands into workable, goal-directed solutions.

Crucial topics such as self-aware leadership, people management, technology, financial health, scenario planning, sustainable practice, and future trends are examined using real-life case studies and business model paradigms. This definitive text explores the whole system experience of a small firm practice to deliver organizational strategies proven to keep a firm’s creative mission on a steady, productive path.

The Architect’s Guide to Small Firm Management addresses how small firm owners can:

  • Deal effectively with unexpected circumstances and shifting work requirements
  • Meet the demands of the marketplace while creating a satisfying workplace
  • Set and achieve goals in an environment of constant change

This book is a must-have for those facing the often harsh reality of managing small design firms in a difficult and changing economy. Entrepreneurial architects and designers will discover how to define their own personal and professional meanings of success, as well as how to refocus their business approach to replace long, unrewarding hours with manageable, satisfying ones.”

If you are small design firm owner, this book brings management insight to what seems like a uncontrollable set of factors – how do you handle the dramatic ups’n'downs of your workload, the erratic schedule, the changing whims of your clients? I’ve attended many of Rena’s seminars in the past and found nuggets of revelation in each one. I just got my copy of the book last night so I am anxious to read this. I encourage my readers to check it out (and, in disclosure, I am profiled in the book, so be warned!).

Evaluating lifts for your home

June 1st, 2010

If you are looking for an alternative to stairs to reach another level in your home, you probably think first of an elevator.  There are two other basic devices marketed for home use.  A platform lift and a chair lift are both common solutions to getting up stairs when climbing stairs becomes troublesome or difficult.  Each is useful for different purposes and different users.

Chair liftsflow2_01

When walking up or down stairs becomes difficult (or even unsafe) a chair lift may be all that is needed to will allow the user to sit and ride up/down a full flight of stairs in safety.  A chair lift is a seat that runs on a track over your existing staircase and is intended for interior applications and retrofit applications in existing homes.  The chair seat should have armrests, seatbelt and a footrest, for a stable ride.  The controls for the mechanism are on the seat arm, allowing the user to control the movement independently.  Chair lift tracks are designed to follow the stair, with most able to curve 180 degrees around switchback stairs or to curve to a bottom or top landing.  The seat and footrest often fold up, allowing more room on the stairway for family members to pass by when the lift is not in action.  Keep in mind that, if the chair lift user also uses a wheelchair or scooter,  that the wheelchair doesn’t ride up with them.  Therefore, a wheelchair is needed for each floor served by the chair lift.

Platform LiftPLRA01

If a wheelchair or scooter user wants to rise up more than a few steps in their wheelchair and a ramp isn’t practical/feasible, then a platform lift would be a great solution.  This device appears to be a mini elevator that is open to the elements.  It consists of a four-sided box with gates on either end or side, and an interior platform that rises up within this housing to bring the user to the next level.  These are designed for both interior and exterior applications and can rise as far as 72”.  One manufacturer even calls these “Porch lifts” because they are often considered as solutions to get up to elevated porches or into garage entries when the vertical distance is too great for a ramp in that location.  These require house power, have controls both inside and outside of the device so they can be operated independently and have safety mechanisms to prevent lowering the device onto pets or items that may have gotten below.  They also have battery back-ups in case of power failure.   These are appropriate for retrofit installations to existing homes.

Elevatorlula

Adding an elevator to an existing home is the most requested item I am asked about and the most challenging one, too.  An elevator is the most versatile device as an alternative to stairs:  it allows a user to ride in their mobility device if they have one, it is fully enclosed, more than one person can ride in it (depending on size) and it has increased safety and independence controls.  The addition of an elevator to an existing home requires finding a location in the house that allows a large shaft to be constructed that punches through multiple floors and a nearby area to contain the machinery.  Some homes will accommodate a new elevator in an addition, attached to the side of the exterior of the home.  In new or remodeled homes, an elevator is easy to plan for, even for a future installation.  Providing a large closet stacked on each floor can accommodate a future elevator without the headache of carving out space in existing rooms.   Regardless of the final location, residential elevators when fully installed are quite attractive, with doors that appear to be just closet doors and interior cabs finishes that can match your home interiors.  The addition of an elevator increases the usability of your home for you and future owners so can boost the value of your home.

Each of these three devices can increase your independence and safety within your home.   Evaluating your current and future needs and the particular conditions of your home will help you to select the right device for you.

All images from ThyssenKrupp Access at www.tkaccess.com