The Black HoLE- What Those with Disabilities Must Endure

(Literally & Figuratively- the Black Hole…)

 A Recent Situation - 

I was a new customer at a dry cleaners recently. ‘Nice people, good service and prices.

I was told it is owned by the family of the MAYOR of the city adjacent to where I live. 

I encountered a very tight space with cars parked next to me when I tried to get out AND no hash mark area for those of us who need more room and especially wheelchair users  AKA ‘ access aisles.’ 

After I picked up my items two days later, I parked a few doors down, in a  legal space. I went to retrieve my rollator out of the back of my car. I didn’t realize that they did a very poor  patch job behind where I was standing. It was a large, uneven rectangular hole with gravel on a pitched surface. 

As I was retrieving my rollator I took one step back, lost my balance and almost fell backwards which could have resulted in serious injury!

When I went to the City Hall that morning, I encountered a hazard there with a cement ramp and did fall ( without injury).

Unfortunately, there was no response directly from the Mayor.

An email was sent to me. I called the property owner.

He was defensive, but begrudgingly agreed to meet me at the property.

I went on my mission two days later, with two friends accompanying me.

I was not there to be confrontational or threaten legal action.  I was there to plead my case for the greater good for safety and accessibility for everyone, and the merits of Universal Design. 

I and my friends concluded that the property owner really didn’t care about people - or safety,  just about his bottom line. We even noted other deferred maintenance which he didn’t care about ‘ if it would cost him a large sum of money. 

Rather than ‘try to change the world’, I requested that a couple of things be addressed that were the most egregious.

I understand that you can't fix everything. I kind of understand  if you don't care to go through the  bureaucratic channels, and spend lots of time if time is more important to you.

But, I really don't understand a totally indifferent attitude toward a resident who could have been seriously injured! 

THAT is not acceptable!

Other signs of disrespect were noted too, such as flatly turning down my offer of help verbally and by his disrespectful actions.

SO WHAT SHOULD BE DONE?

As in all life decisions, it’s a matter of weighing your priorities and ‘picking your battles.’

1) If you want to sue the property owner,  it is best to hire a civil attorney whose expertise is in premises liability litigation.

“Property owners have a duty of care to maintain a safe environment so that people who come onto the property don't suffer an injury. This responsibility is known as "premises liability." It holds property owners and residents liable for accidents and injuries that occur on their property.”

If you are injured on city owned or public property, Premises Liability would need to be determined- 

Be aware that liability is determined by the laws of the state in which the injury occurred. In some states, the court will focus on the status of the injured visitor in determining liability. In other states, the focus will be on the condition of the property.   

Examples of Premises liability.-slipping and falling on a wet floor in a grocery store, suffering an injury or drowning  in a swimming pool due to a lack of adequate safety measures, or being injured by a faulty escalator in a retail store.   For further information see this source- https://www.findlaw.com/injury/accident-injury-law/premises-liability-who-is-responsible.html

2) If you want to negotiate with property owners and handle the situation privately, do so at your own risk.  This scenario would involve agreeing on a plan that is acceptable to both parties. 

3) If you want to make an example of the larger issue i.e - ’There are so many examples of inaccessible, dangerous locations in this area…’ you can contact your local TV media, specifically an investigative reporter to publicize the situation.  I have done this in the past.)

Frequently, this is the most efficient way to get some tangible results!

4) Should you want to pursue a formal complaint under the Americans with Disabilities Act, these include-

• Complaints about employment situations- File with the Equal Opportunity Employment Commission; 

• Complaints about Air Travel with a specific airline- File with the Department of Transportation;

• Complaints about denial of housing or accessible housing- File with the Department of Housing and Urban Development;

• ALL OTHER COMPLAINTS - File with the Department of Justice.

 IF your complaint is formally investigated, ( as they pick and choose),  they will contact you as to the best path of resolution.

 It  may be  referred to their mediation program, referred elsewhere or officially  investigated which could lead to a settlement or a lawsuit. 

 ***Due to the volume of complaints received, there is no guarantee that yours will be selected.

Officially, they claim that those investigated can take up to three months. 

(Realistically, after working in state government for many years  and knowing the staff shortages nationwide, I would conservatively say, at least six months or more.)  They claim since the inception of the initial ADA Standards, in 1990, over 90% of the cases have been won by plaintiffs . 

The 2010 ADA Standards are used currently. 

**** Latest stats - June 2024 - 222 cases were filed. 

REFERENCE LINK- https://www.ada.gov/file-a-complaint/#who-you-can-file-a-complaint-against

5) Lastly, you could, and  I could just ‘walk away’ from the unsafe situation, and the business.  Never to visit again, ‘leaving it for the next guy to worry about.’ 

It’s your choice…. And best of luck to you!