The ADA: Building Access in Boston?

Cheryl Weiner, B.A.Boston University School of Public Health

Abilities ExpoSeptember 2003

Boston, MassachusettsProject funded by the National Institute on Disability and

Rehabilitation Research, United States Department of Education

About the ADA

Passed July 26, 2000

Establishes clear comprehensive prohibition of discrimination on the basis of disability

Includes: employment, housing, public accommodations, education, transportation, communication, recreation, health services, voting, and access to public services

Goals of the ADA:

Provide national mandate to eliminate discrimination against individuals with disabilities

Provide standards to address discrimination against individuals with disabilities

To ensure Federal Government is central enforcement agency

Use congressional authority to address major areas of discrimination faced by people with disabilities.

The ADA and Building Access

“No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.” ADA Section 302 (a)

What is a Public Accommodation?

Any place, building, or outdoor space which a member of the public can enter with or without a fee including:Service establishments: doctor and dentist offices, gas stations, storesPlaces of entertainment: restaurants,theaters, stadiums, museumsPlaces of public gathering: auditoriums, convention halls, stadiums

What are the requirements for public accommodations?

New buildings must meet all of the ADA Access Guidelines (ADAAG) unless state standard is stricter

Existing public facilities must be made accessible if "readily achievable," i.e. "without much difficulty or expense"

“Readily achievable" alterations are: ramps, curb ramps, rearranging furniture, widening doorways, putting tactile markers on elevators.

Is the ADA reaching its intended populations?

Some gains, but most have focused on wheelchair users

Few changes for those with mobility impairments who do not use wheelchairs

Wayfinding barriers continue to exist for those with visual impairments

Why the Delay?

Few facilitators (environmental factors) exist to improve access

Lack of consistent methods to measure access

Few incentives for buildings to change

Lack of legal enforcement

A Pilot Study on the Functional Access of Persons in the Boston Area

A study comparing the functional access of public buildings for persons

with and without impairments

Conducted by The New England Regional Spinal Cord Injury Center at Boston

University Schools of Medicine and Public Health

Goals of the Study:

To compare the performance of people with impairments to people without impairments

To compare between and among performances of individuals with different types of impairments

To identify barriers and facilitators to functional access

Research team members:

1: (WC) mobility impaired wheelchair user

2: (MI) mobility impaired, cane user

3: (VI) visually impaired

4: Control, no known impairments

Hypotheses:

1. Control will report highest performance for all measures

2. WC user will do better on all outcomes than MI and VI

3. Those reporting more barriers will have a lower rate of task performance than those who do not

Design:

Functional access compared at 30 buildings and facilities in Boston area in 4 categories: Civic institutions: police stations, courthouse Educational buildings: colleges & universitiesTransportation facilities: bus and commuter rail stationsCultural/recreational facilities: gyms, movie theatres, museums

Developing “Challenge Protocol”

Parallels ADA priorities:

Accessible approach/entrance

Access to building-specific goods and services

Usability of restrooms

Additional access (such as drinking fountains and public telephones)

“Challenge” Protocol

Tasks performed by each team member:Enter buildingUse restroomsUse public telephonesUse drinking fountainsAccess seatingSite-specific tasks varied according to building type

Main Outcome Measures:

Functional access based on:

Experience of team member

Number of tasks performed

Time and distance to complete building challenges

Reports of barriers and facilitators for each building challenge

Analysis:

Summary measures of tasks completed

Comparisons of tasks completed among team members

Barriers and facilitators reported including: structural, amenity, interpersonal, wayfinding, and other factors

Structural Barriers:

All team members reported wayfinding barriers, BUT VI and control reported higher percentages (59% and 58%) than MI (26%) and WC (10%) due to poor signage, lighting and confusing layouts

Amenity, interpersonal and other barriers less frequently encountered

Facilitators

Overall, facilitators were high compared to barriers

WC and VI reported the most facilitators

MI reported lowest facilitators

Though results are statistically significant, differences may be due to different reporting standards between subjects

Hypothesis One Findings:Control will report highest performance on all measures

Control reported high task performance, but task performance was high for entire team

No significant differences were detected between time and distance among subjects

Control’s performance score (100%) did not differ greatly from MI (98%) and VI (97%)

WC reported lowest performance score (81%)

Hypothesis Two Findings:WC user will do better on all outcomes than MI and VI

WC did not perform better

WC also reported more barriers and facilitators

This is despite the fact that architectural improvements have been made for wheelchair users

Hypothesis Three Findings:More barriers equal lower task performance

WC reported more barriers and had lower task performance

Control and VI reported fewer barriers and had high task performance

MI reported high number of barriers but had high task performance

Conclusions

Barriers and facilitators are crucial to understanding what restricts or enables access for persons with impairments

Perceptions of barriers and facilitators vary according to impairment

Further research and action is needed to improve functional access for people with varied impairments & functional access

Rising to Action

Strength in numbers – people are out there making a difference and so can you!!!

Contact your federal and state agencies and congress people

Know your rights!!!

Strategies for becoming an effective advocate

Document and file complaints of violations

Educate business owners about the law and compliance measures

Commission functional access surveys for public accommodations

Ways continued

Encourage others to make their voices heard

Go to the press

Seek legal recourse or mediation services if necessary (after thorough research)

Organizations making a difference:

Adaptive Environments: promotes accessibility and universal design through education programs, technical assistance, training, consulting, publications and design advocacy to enable every individual to participate fully in all aspects of society.

More Organizations

Consortium for Citizens with Disabilities: advocacy-based coalition of national disability organizations furthering self determination, empowerment, integration and inclusion of children and adults with disabilities in all aspects of society.

Organizations Continued

Access Board: Federal agency dedicated to developing and maintaining accessibility requirements for the built environment, transit vehicles, telecommunications equipment, and IT equipment. Also provides technical assistance and training and enforces accessibility standards.