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(E) THANKS FOR JOINING US.
THE ADA- AMERICANS WITH DISABILITIES
ACT IS FAIRLY NEW- IT’S ONLY BEEN IN
PLACE TEN YEARS-
BUT IT’S CHANGED THE LIVES OF
THOUSANDS OF PEOPLE IN OUR COMMUNITY-
THE ACT- BACKED BY THE U-S DEPARTMENT
OF JUSTICE- IS A STEP FORWARD FOR THOSE
WITH DISABILITIES- BUT WHO’S KEEPING
IT ENFORCED?
AND IF IT’S THE LAW- WHICH IT IS---
WHY ISN’T EVERY PUBLIC PLACE
ACCESSIBLE TO THE DISABLED?
((sarah @ 25:59))
Sarah Gilmour/Public Interest
Attorney: "The issues now are the
same as ten years ago. And I think we
sat back on our haunches or on our
wheels and said, ‘we’ve got it made
now.’ Well, we don’t have it
made."
(E) THE ADA WAS PUT IN PLACE TO
PROHIBIT DISCRIMINATION- ON THE BASIS OF
DISABILITY IN ALMOST ALL WALKS OF LIFE:
YOU CAN FIND THE ADA IN FORCE IN
STATE AND LOCAL GOVERNMENT AND THE
UNITED STATES CONGRESS—
THE ADA PROTECTS EMPLOYMENT RIGHTS-
QUALITY OF L IFE ISSUES – LIKE
PUBLIC ACCOMODATIONS - REST-ROOMS AND
PARKS
PLACES OF BUSINESS-
IT ALSO ENSURES YOUR RIGHT TO PUBLIC
TRANSPORTATION AND TELECOMMUNICATION
SERVICES.
IN 19-92 THE ADA WAS JUST TWO YEARS
OLD---IT WAS THEN THAT WXXI NEWS FIRST
DECIDED TO TRACK THE ACT---SEE HOW IT
WAS PLAYING OUT IN ROCHESTER-AND WHETHER
IT WAS BEING IMPLEMENTED.
NOW---AT THE 10 YEAR ANNIVERSARY OF
ADA—WXXI GOES BACK TO 1992 AND FORWARD
TO Y2K—WITH A ANOTHER CHECK UP ON ADA.
HERE IS "NEED TO KNOW’S"
GARY WALKER .
((***PKG***))
(((tape one 00:02:28:06 Sherry exits
van – use nat of buzz))))
V/O THIS IS SHERRY SHAW – YOU FIRST
MET HER ON THIS PROGRAM
8 YEARS AGO
(((((Reports tape around :00:04:19:20
exiting van )))
SHERRY WAS BORN WITH SPINABIFEDA AND
HAS BEEN IN A CHAIR SINCE SHE'’S BEEN
13
((((Tape 3 00:11:35:01 Theresa &
Kris coming towards camera))))
V/O THIS IS THERESA CARROLL AND HER
WORKING DOG KRIS
((((Reports tape around 00:02:29:00
Theresa & achillers))))
V/O THAT’S TERESA 8 YEARS AGO WITH
HER DOG ACHILLES – WHO JUST RECENTLY
DIED – THERESA IS QUADRIPELIGIC –
THE RESULT OF A SPINAL CHORD INJURY IN
1985
(((Reports tape 00:15;32:23 Me &
girls rolling up Monroe)
8 YEARS AGO THERESA AND SHERRY
ASSISTED US IN TESTING A PIECE OF THE
AMERICANS WITH DISABILITIES ACT – WE
SET OUT TO SEE HOW ACCESSIBLE PARTS OF
OUR AREA WERE FOR THOSE IN WHEELCHAIRS
((((Reports tape aournd 00:18:24:23
find a shot of 3 of us that match the
dissolve point in Tape 2 around
00:28:41:10))))))
(during dissolve take this v/o) V/O
NOW WITH THE ADA 10 YEARS OLD WE DECIDED
TO TEST AGAIN FOR IMPROVMENTS
((Tape one – shot of HSBC BANK –
DISSOLVE TO Reports tape 00:15:20:09
same shot of the Marine Midland sign))))
V/O WE BEGAN OUR TEST 8 YEARS AGO AT
WHAT WAS THE VALLEY BRANCH OF MARINE
MIDLAND BANK ON MT. HOPE AVENUE. THE
ACCESS WAS SHARED WITH TRAFFIC USING THE
ATM AND AUTO TELLER IN THE BACK
(((Reports tape around 00:14:53:00
– pix of cars, road and door"))))
V/O BACK THEN, SHERRY USED A NON
MOTOROIZED CHAIR – AND TRY AS SHE
MIGHT – SHE COULDN’T GET INTO THE
ACCESS DOOR
((((((((NATS – Reports tape
00:14:53:29 I’m not faking it, – it’s
too heavy"
(((((Reports tape 00:15:24:01))))
V/O SHERRY DID GET INTO THE FRONT
DOOR – BUT BARELY
V/O WE ASKED MANAGEMENT ABOUT IT
(Show me walking in and asking manager
about it
((((Nats -Reports tape 00:16:06:02
use whole bit of me asking manager about
it)))
V/O THEY SAID THEYWEREWORKING ON IT
– AND THEY HAVE
V/O NOW THE BANK IS HSBC – AND THE
ACCESS IS THR0UGHT THE FRONT DOOR
(Tape one use two shots – one,
00L05:56:16 Sherry comes to door and
opens it – NATS – "that’s not
bad " cut ot 00:06:59:08 Sherry
enters with us on inside))))
V/O WITH ROOM TO SPARE . SHERRY GAVE
THE BANK HIGH MARKS FOR MAKING OTHER
THINGS ACCESSIBLE
(BITE –tape one 00:06:40:11
"(looking at phone) "nice and
low, theres even a semi low spcae to ,
you know, sign your check or whatever. I
like that"
V/O WIDER DOORS – LOWER HANDLES AND
A DEEP VESTIBULE MADE FOR EASY ACCESS
(((BITE TAPE ONE 00:07:39:13
"Wonderful, Much improved"
(((Reports tape 00:16:23:29)))
V/O ‘YEARS AGO – THE CORNER OF
ELMWOOD AND MT. HOPE WAS THE SITE OF THE
HEART ASSOCIATION – WHICH WAS
INACCESSIBLE – EVEN WITH THIS
ELABORATE RAMP
(Reports tape 00:16:40:21 (SHERRY
STRUGGLING " It’s too steep"
(((((there’s CVS b’roll on tape
one))
v/O TODAY – THE BUILDING IS GONE
AND CVS BUILT A PHARMACY THERE
(Tape one 00:13:46:01 She enters
store – 00:15:24:00 "God, these
doors are wonderful!"---cut to
00:15:48:00 "This is really
cool" GW So this is getting high
marks too?" Sh: "Oy yeeah,
this is very high marks for me, in fact
this is one of the few I’ve seen like
this GW: We’ll let’s go in and get a
drink" Sh: "okay")))
V/O WIDE DOORS AND WIDE AISLES MADE
SHOPPING EASY FOR SHERRY
(((Tape two around 00:20:15:00)))
NOW IT WAS TIME TO HOOK UP WITH
THERESA – WE PICKED THE SITE OF THE
OLD GENESSEE FOOD COOP AND THE SITE OF
THE NOW LONG GONE "GOOD
COMPANY" STORE
V/O LET’S GO BACK EIGHT YEARS AGO
AND LET THE TAPE ROLL
(Reports tape 00:17:41:00 – Note:
Take the audio and video vignette, it’s
short
V/O AND HOW IS IT TODAY – THE COOP
IS GONE AND THE GOOD COMPANY IS NOW
FIREHOUSE 15 - AN ARTS AND CRAPTS STORE
(((Tape 2 00:21:34:00 GW: "okay,
different name, same step." T –
yep, S, Yep"
V/O A LOT OF BUSNESSES HAVE CHANGED
IN 8 YEARS – BUT THE BUILDINGS ARE
STILL THERE - AND SO IT WAS OFF TO OUR
NEXT STOP --- STARBUCKS – EIGHT YEARS
AGO IT WAS SHELTER GOODS – AND IT WAS
UNACCESSIBLE
((reports tape 00:17:50:20 ---BUTT TO
00:18:14:25 GW "You’re in non
complience with the law "I’m
afraid that’s so"
((((TAPE TWO 00:30:25:21 VIDEO OF
GIRL UP THE RAMP)))
V/O TODAY – A NEW RAMP AND WIDE
DOOR MAKE STARBUCKS ACCESSABLE - EVEN TO
THERESA – WHO CANNOT OPEN THE DOOR
WITHOUT THE HELP OF KRIS
(Tape two 00:33:19:25 to 00:35:26:27
PLEASE EDIT A VIDEO MONTAGE OF STRAP AND
DOG OPENING DOOR – IT’S WAY COOL
STUFF)
V/O THERESA CARRIES A HOOK ON A NYLON
STRAP WITH HER AND – WELL – LET
THERESA AND KRIS SHOW YOU THE REST
V/O OUR NEXT DESTINATION? WELL, HOW
ABOUT LUNCH AT ALLADINS? 9 YEARS AGO –
THAT WAS IMPOSSIBLE
(Reports tape around 00:18:34:00 (Can’t
get in – mee enteting and talking to
owner "Youknow your’ not in
complience withlawy?" Aladin:
"Acutally that’s what we’re
doing right now"))
V/O THE OWNER SAID HE WAS ADDING A
DISABLED ACCESS BATHROOM AND STREET
ENTRANCE
(Tape 3 - 00:38:555:10 Sherry enters:
‘doors to bad, weight wise (in
vestivbule) "this is gonna be
fun"
00:39:33:06 (checking out Bathroom)
"You could throw a party in
there"
V/O THE RESTURANT HAS ONE TABLE
ACCESSIBLE TO THOSE IN WHEELCHAIRS –
IT WAS CRAMPED, STILL SHERRY THOUGHT THE
RESTURANT MADE A GOOD EFFORT
(((TAPE 3 00:39:58"27 "I’t’s
an improvement I’m dissappointed to
see only one table, but we can get into
the doors. The doors are light,
wide,theiyr’ huge. Iwas in the
bathroom it is accessible to the n’th
degree, I love it , I’m really
pleased"
V/O THERSA WAS NOT SO PLEASED
((Tape 3 00:42:59:07 T enters –
gets stuck in vestibule"
V/O THERESA’S CHAIR IS LARGER AND
HARDER TO MANUEVER THAN SHERRY’S –
AND THESE MAGAZINE RACKS
(((Tape 3 around 00:46:14:03 shot of
racks)))
V/O MADE ALL BUT IMPOSSIBLE FOR HER
TO GET IN. ONCE INSIDE – THE LONE
TABLE FOR THOSE IN WHEEL CHAIRS WAS NOT
A HIT
((((Tape 3 00:44:06:02 ‘I mean,
there’s no room for my dog, if I came
with somebody who used a chair, where
they gonna sit? And plus if looks like
it’s the waiting area for people
coming in. You’re right by the door
and the bathroom.’
V/O BOTH SHERRY AND THERESA POINTED
OUT A SOLUITION –
(((TAPE 3 00:43:55:28 "I mean
what would it take ot remove that stair
and put in a ramp? (pan to step)
"and you’d have additional
seating"
V/O WHICH BRINGS US TO THE POINT OF
THE ADA – AGAIN ACCESSIBLITY IS OFTEN
A GAME OF INCHES
(((TAPE 3 has a lot of b roll of
monoe, steps, ramps and doors to use
here)))
ANDON MONROE AVENUE – MANY STORES
AND RESTURANTS ARE INACCESSBILE DUE TO A
FEW INCHES OF CONCRETE – A STEP LIKE
THIS PREVENTS ACCESS – STILL MUCH HAS
CHANGED – MANY OF THE STEPS OF 8 YEARS
AGO, ARE NOW RAMPS LIKE THESE
AND MUCH HAS CHANGED ON STREET
CORNERS IN THE 8 YEARS SINCE WE DID OUR
FIRST TEST -- FOR EXAMPLE – HERE’S
AN OBERVATION FROM 8 YEARS AGO
((((Reports tape 00:19:18:25 -- hold
on ruler shot near curb and dissolve to
new S
(((((the standup picks up from the
ruller shot to me saying how it’s
changed and it means T no longer has to
take a chance in the street – and can
use the sidwalk like everyone else))))
SO>>>>
((((finishe with a dissolve from
thresa rolling down street in old
package to a dissolve of her at tape 3
00:48:31:23))))
(G) EIGHT YEARS LATER—A LOT OF
CHANGES- AND YET, NOT AS MANY AS YOU
WOULD EXPECT.
I’M GARY WALKER, YOU’RE WATCHING
"NEED TO KNOW"- JOINING ME IN
STUDIO ARE TERESA CARROLL AND SHERRY
SHAW-
*TALK POINTS …
(G) IF YOU WOULD LIKE TO PARTICIPATE
IN THIS DISCUSSION- JUST LOG ONTO OUR
WEBSITE—WXXI DOT ORG—CLICK ON THE
COMMUNITY ICON AND FOLLOW THE NEED TO
KNOW LINKS-
THERE- YOU CAN ALSO READ A TRANSCRIPT
OF THIS PROGRAM.
PAGE 6
(E) THE AMERICANS WITH DISABILITIES
ACT SERVES TO PROTECT THE CIVIL
LIBERTIES OF ALL AMERICANS- INCLUDING
THOSE WITH PHYSICAL, MENTAL AND LEARNING
DISABILITIES.
AS YOU SAW EARLIER- MUCH HAS CHANGED
AS A RESULT OF THE LAW- "NEED TO
KNOW’S" MATT CUMMINGS REPORTS
THAT THE LAW CONTINUES TO CHANGE
ROCHESTER, EVEN TODAY---
((***PKG***))
Sarah Gilmour: "But it took me
until this year to realize this is a
civil rights law that nobody recognizes
as a civil rights law."
REPORTER: AS GARY SAID, MEASURING THE
ADA IS OFTEN A MATTER OF INCHES. FOR
SARAH GILMOUR, IT’S A MATTER OF
ATTITUDE.
Sarah Gilmour: "If we could
eliminate attitudinal barriers, the
physical barriers would come down too. I
often ask people if they would approach
something the same way if they were
excluding someone of color or someone of
a different religion? Instead of just
excluding somebody because they have a
disability. And often times that makes
them recognize people with disabilities
are people."
REPORTER: GILMOUR IS A SENIOR
ATTORNEY FOR THE PUBLIC INTEREST LAW
OFFICE OF ROCHESTER. SHE IS ALSO
PHYSICALLY CHALLENGED. SHE HAS REQUIRED
USE OF A WHEEL CHAIR SINCE SHE WAS 20
BECAUSE OF RHEUMATOID ARTHRITIS. IN HER
WORK GILMOUR TARGETS ORGANIZATIONS THAT
FAIL TO COMPLY WITH THE AMERICANS WITH
DISABILITIES ACT.
Sarah Gilmour: "It’s very
necessary to have the ADA because left
to their own devices, people are not
going to make things available and
accessible to people with disabilities
out of the goodness of their hearts. If
we had to rely on people’s good will,
we would regress quickly. >>Butt
to (28:37) The issues that we faced 10
years ago are the same issues that we
face today. And basically they are
independence, integration and
self-determination. And that’s the
purpose of the ADA; to meet those
criteria."
REPORTER: AS YOU SAW EARLIER,
ROCHESTER’S LANDSCAPE CONTINUES TO
BECOME MORE ACCESSIBLE TO Its DISABLED
CITIZENS. BUT THAT CHANGE OFTEN COMES
ABOUT THROUGH LITIGATION, WITH ATTORNEY’S
LIKE GILMOUR TAKING BUSINESSES TO COURT
TO FIGHT FOR THE RIGHTS OF DISABLED
AMERICANS OUTLINED IN THE ADA.
FOR EXAMPLE, GILMOUR’S
OFFICE WAS
SUCCESSFUL IN A LAWSUIT AGAINST THE
VILLAGE GREEN BOOKSTORE WHEN IT WAS ON
MONROE AVENUE, FORCING THEM TO INSTALL
RAMP ACCESS TO THE FIRST FLOOR ENTRANCE,
WIDENING AISLES AND CREATING RESERVED
PARKING FOR THE DISABLED. IT ALSO WON A
SUIT AGAINST THE EMPIRE BREWERY.
Sarah Gilmour: "It turned out
that the restaurant was a beautiful
restaurant. It is a beautiful
restaurant. But the entrance for people
in wheel chairs was by a backdoor by a
dumpster. And we were successful in
getting them to put in a ramp, which
really fits in well with the overall
design of the building."
REPORTER: THE PUBLIC INTEREST LAW
OFFICE OF ROCHESTER HAS TWO LAWSUITS
PENDING. ONE IS OVER ALLEGED
DISCRIMINATION
AGAINST THE STRATHALLEN HOTEL WHERE
GILMOUR SAYS AN EMPLOYEE WAS TERMINATED
ONCE THEY WERE DIAGNOSED WITH MULTIPLE
SCLEROSIS. THE OTHER IS AGAINST THE RTS
BUS COMPANY FOR THEIR ALLEGED FAILURE TO
PROVIDE TIMELY SERVICE TO DISABLED
RIDERS. SHE SAYS THE LAW REQUIRES THE
BUS COMPANY TO PICK DISABLED RIDERS UP
AT THEIR HOMES IF THEY CALL AHEAD AND TO
BRING THEM HOME.
Sarah Gilmour: "If I called
today, I should have a ride tomorrow. In
Rochester, the Transit Authority
requires people to call two weeks ahead.
They have established waiting lists,
which are illegal. They don’t have the
capacity to provide rides to the people
who request them."
REPORTER: BUT IN AN AGE OF POLITICAL
CORRECTNESS, GILMOUR GOES BACK TO HER
EARLIER STATEMNT. IT’S ABOUT ATTITUDE
MORE THAN ITS ABOUT LAW.
Sarah Gilmour: "I think that
business people see it as just a hassle
and not paying off. And the rest of the
population I find there is a very
paternal attitude toward people with
disabilities. And it’s an attitude of
don’t worry we’ll take care of it.
Unfortunately that leads to things such
as access being through a kitchen in a
restaurant instead of the front door
with everyone else.
REPORTER: GILMOUR SAYS HER OFFICE
RECEIVES 6 COMPLAINTS A YEAR ON AVERAGE
FROM DISABLED RESIDENTS. THOSE
COMPLAINTS RANGE FROM EMPLOYMENT ISSUES
TO ENTRANCE AND BATHROOM ACCESSIBILITY.
WHEN SHE GOES TO INVESTIGATE THOSE
COMPLAINTS, THE RESPONSE FROM AREA
BUSINESS OWNERS IS USUALLY THE SAME.
Sarah Gilmour: "Usually they say
it’s too expensive. And I think that’s
a real myth around access because it isn’t
that expensive to knock out a step or
put in a ramp or widen a door to a
bathroom. But you’re often dealing
with business people who don’t see it
as a normal expense that they’ve
budgeted for."
REPORTER: HER FIRST LEGAL TACTIC IS
EDUCATION AND NEGOTIATION. THAT INCLUDES
EDUCATING LOCAL PUBLIC OFFICIALS. AND
THAT’S WHERE PEG O’BRIEN COMES IN.
SHE IS THE MONROE COUNTY ADA COMPLIANCE
OFFICER, CHARGED WITH MAKING SURE ALL
COUNTY FACILITIES ARE UP TO ADA
REQUIREMENTS. PUBLIC
FACILITIES LIKE
FRONTIER FIELD.
Peg O’Brien: "It is difficult
to make sure that everybody, right down
to the person who screws an item to the
wall and has to put it at the right
height or whatever, that they all
understand that this one has to go in at
an accessible height or whatever.
Because to go back afterwards and make
corrections is something that gets on
everyone’s nerves."
REPORTER: O’BRIEN AGREES WITH
GILMOUR ABOUT THE RELATIVELY LOW COST OF
COMPLIANCE FOR BUSINESS OWNERS. AND EVEN
SAYS THERE’S A LOOPHOLE THAT ALLOWS
BUSINESSES THAT CAN’T AFFORD THE
CHANGES TO REMAIN IN NON-COMPLIANCE.
HOWEVER, SHE SAYS IF THAT’S THE CASE,
THE OWNERS SHOULD MAKE OTHER
ARRANGEMENTS TO PROVIDE SERVICE.
Peg O’Brien: "Because
otherwise in a sense they are
discriminating if their service can be
provided in another method in a website
or some other way. Home delivery or
something. Then they should be doing
that."
Sarah Gilmour: "And I think that’s
the key to the ADA, is not that we want
to be carried through a kitchen or that
we want to have somebody do something
for us, but that we want to be able to
do it ourselves."
(G) THE BOTTOM LINE IS THIS—IF YOU
DO NOT COMPLY WITH THE A-D-A—YOU’RE
BREAKING THE LAW- SO WHY THE
CONTROVERSY.
I’M GARY WALKER, YOU’RE WATCHING
"NEED TO KNOW"- JOINING ME IN
STUDIO ARE BRUCE DARLING- THE EXECUTIVE
DIRECTOR OF THE CENTER FOR DISABILITY
RIGHTS- AND TODD ECKART- THE EXECUTIVE
DIRECTOR FOR RCIL- ROCHESTER’S CENTER
FOR INDEPENDENT LIVING.
GENTLEMEN:
***TALK #2***))
G) MANY THANKS TO OUR GUESTS –
AND FOR YOU AT HOME- PLEASE FEEL FREE
TO CONTACT US CONCERNING MATTERS OF THE
ADA--
(E) YOU CAN ALSO JOIN A DISCUSSION
GROUP ABOUT THE AMERICANS WITH
DISABILITIES ACT- WITH OTHER VIEWERS
THROUGH WXXI---
JUST LOG ON TO OUR WEB SITE AT WXXI
DOT ORG—AND WEIGH IN WITH YOUR
OPINIONS ON OUR DISCUSSION BOARD—
OR CALL OUR RESPONSE LINE AT
716-258-0250. YOU CAN ALSO READ A
TRANSCRIPT OF THIS PROGRAM ON-LINE.
THAT’S NEED TO KNOW FOR THIS WEEK—THANKS
FOR JOINING US.
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