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Published: Dec 09, 2009 02:00 AM
Modified: Dec 08, 2009 09:32 PM

Our disability challenge
 
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It's often difficult to understand living with physical disabilities until you find yourself in that situation, even if only temporarily, such as breaking your leg.

The federal Americans with Disabilities Act (ADA), enacted in 1990, mandates that "no individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.

"Public accommodations" include most places of lodging (such as inns and hotels), recreation, transportation, education, and dining, along with stores, care providers, and places of public displays."

However, many private clubs and religious organizations are not bound by the ADA, and properties designated historic under State or local law are held to different standards than newer construction if remediation "threatens to destroy the historic significance of a feature of the building."

What that translates into reality is that you can easily run into challenges, as I found out not too long ago when I was diagnosed with fibromylagia by arheumatologist.(The short definition? A chronic pain condition caused by amplified pain signals to and from the brain.) There are periods of time when meds help and I feel fine, and other times it rages into a flare-up and I feel 80 years old, with stairs and long walks from parking lots excruciating.

How are we doing in the Bull City in terms of the ADA? The City of Durham Web site says it will "make all reasonable modifications to city facilities to ensure that people with disabilities have an equal opportunity to enjoy all City programs, services, and activities." In terms of physical disabilities, that includes what most of us notice around us each day - carving curb cuts into sidewalks at intersections, providing buses that "kneel" to accommodate wheelchair access, and providing access to information and services for residents with speech, hearing and/or vision impairments.

In 2005, as a result of a complaint that several city-owned facilities constructed after 1992 did not met ADA Standards, including the Durham Bulls Athletic Park and Stadium, City Hall, the Carolina Theatre/Cinema, and several city parking facilities, an agreement was reached with the federal government to remedy the situation. The city requested and received an extension and projects full compliance by December 2010.

For people with "invisible," not-always-readily apparent disabilities (diabetes, hearing impairment, mental illness, etc.), the issue of what the public perceives as a disability versus the reality of what constitutes disability still represents a wide cultural gap, despite the ADA being in place for almost 20 years.

For those with visible access issues, it's even starker in some ways, with still-ingrained attitudes by much of the public that "you're in the way," or that you are "slowing them down." A friend of mine, activist David Mixner, recently experienced this when he had to attend a "standing" White House event while still recuperating from illness that made walking or standing for long periods of time impossible. He said that as the doors opened to the East Room there was not a chair in sight. Eventually staff obtained a wheelchair for him, but what he noticed was the attitude of people in the room toward him changed immediately.

"What an eye opener for me concerning some of the challenges people face in wheel chairs," he said. "I knew most of these people and that made it even more disappointing. They weren't about to move and lose their spot except that all they had to do was take a few steps backward. ...When I was without the wheelchair, people would come up and chat and engage in conversation. When I was in the wheel chair few would engage and many felt uncomfortable. People would nod or wave at me across the hall but few approached. Nothing had changed about me except my position."

The ADA is merely a law, a tool to grant those with temporary or permanent disabilities access and protections. What an interesting and complex conversation we could have talking about what makes physical disabilities so difficult to discuss, even to the point of treating someone we know differently? Is it embarrassment that the person is "less than" they were before, or a deep fear that we could be in their position one day? David's story definitely made me think and blog about it for readers to ponder.

Pam Spaulding is the creator of the political blog Pam's House Blend. Write to her atpam@phblend.com and tell us what you think about this column in a letter to the editor at editor@nando.com.
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