How to Fight for ADA Standards?

Accessibility for disabled people

Introduction

The article “What’s Happening with Restaurant Accessibility for People with Disabilities?” (0), published in April, attracted the interest of a reader. In addition to other comments, the editorial team received a letter from a reader requesting 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 help me in my new role, please let me know. I would like to add that I will be a ‘reasonable advocate.’ The physical limitations that restaurant owners work with are real, but I don’t think it’s unreasonable to request that at least one table be accessible,” the reader wrote.

In response to your wishes, we tried to find out what a person who wants to protect the ADA rules in the United States can do. Here is the result.

Main Summary

The path of lonely heroes

Fighting for ADA standards is the most difficult and unpredictable way to go. As someone who has experience dealing with such powerful organizations as OFAC or Wells Fargo Bank*, I do not recommend 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 like justice, at the federal level your assistant can be the United States Department of Justice (DOJ). Here is what the organization’s website says about our topic:

“The Department of Justice issues, enforces, and provides technical assistance on Americans with Disabilities Act (ADA) regulations governing public accommodations and state and local government services. Technical assistance is provided by telephone and through web-based materials on issues related to Title II and III, such as service animals, polling places, accessible websites, and emergency preparedness.”

The Department of Justice website offers 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 because of a disability, you may file a complaint under the Americans with Disabilities Act (ADA) against:

A state government or local government, such as:

• Public hospital
• Public school
• Other state or local government program
• A private company that provides services to the public, such as:
• Restaurant
• Doctor’s Office
• Trade
• Hotel

A special page for submitting 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 luck 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 encourage this 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:

• Owner of the building
• Local building inspector (town, city or county)
• 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 easiest and most effective to fight ADA violations by joining an organization. This can be done at the state or municipal level. Every state government has a department that supports volunteers. Most often, these volunteers fight for ADA regulations. 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) Look for a similar department in your state government and find out if volunteers are needed to fight for ADA regulations.

In some states, officials themselves seek volunteers. This is the case in Nevada, for example.

“We are seeking volunteers with special expertise to assist Nevada state agencies in their remediation efforts in the hope that we can remove ADA barriers. Our goal is to provide the same expertise to all, and we appreciate your willingness to participate in this process. This program is strictly voluntary, although it may provide a reference for future employment opportunities,” says the Nevada state government website. (5) And this is very well said!

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

The city government website says:

“The Disabled Parking Enforcement Unit is comprised of citizen volunteers who educate the public about disabled parking and enforce violations of disabled parking permits permitted under ORS 811.632. The unit focuses on parking lots throughout the City of Portland that have properly designated disabled parking.” (6)

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

“Pursuant to North Carolina General Statutes § 160A-282(a)”, [a] “The city may, by ordinance, provide for the organization of an auxiliary police department composed of volunteer members.”

That is, there is a possibility of creating such a division if it does not exist in your city. In the fight for the rights of people with disabilities, it is better to do more than to do 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 business activities in this area. These companies not only help restaurant and other establishment owners comply with ADA requirements, but they also provide legal protection to the owners in case they fail to 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 another person. 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 just how big the earnings can be. This figure is $33.49 per hour! (11) You don’t need to undervalue your work in a commercial company for a good cause.

Bingo! But you can say this phrase if you get a job like this.

Conclusion

As we can see, there are at least three ways to fight against the ADA rules. The choice of methods of struggle depends on the personal characteristics of the person who wants 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 to not deviate from the path.

*These events were not related to ADA standards, but they 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://inspeccionesada.com/

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

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

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Disabled World is a comprehensive online resource providing information and news related to disabilities, assistive technologies, and accessibility issues. Founded in 2004, our website covers a wide range of topics including disability rights, healthcare, education, employment, and independent living, with the goal of supporting the disability community and their families.

Cite this page (APA): Pavel Kuljuk. (July 31, 2024). How to fight for ADA standards? Disabled worldRetrieved August 1, 2024 from www.disabled-world.com/disability/accessibility/ada-standards.php

Permanent link: How to fight for ADA standards?: Pavel Kuljuk’s article examines what a person who wants to protect ADA standards in the United States can do.

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