Filing an ADA complaint?

Did you make the reservations and specify that you needed a table on the main floor? If not, how could they know that you needed an accommodation? If you made the reservation 8 weeks in advance, I have to assume most of the other parties did too, and the tables were pre-assigned. Moving an 8 top is not that easy to do. Having the access door locked during business hours is a violation.

The ADA does have some ridiculous rules. Have you ever noticed the braille keys on the drive up ATMs? They are required by the law. When we (in banking) pointed out that blind people wouldn’t be driving, we were told they could take a taxi and want to use the drive up ATM. Really? And the drafters of the law couldn’t see safety concerns with having a blind person sitting in a car, leaning out a window, entering a card into a slot (finding the slot?), entering a PIN number, having money shoot out and being with a person (the driver?) who was untrustworthy to help put in a PIN? It’s really not safe to have a blind person use any walk up ATM without someone to make sure no one is waiting to grab the money.

Did anyone see the 60 Minutes piece on drive-by lawsuits tonight?
http://www.cbsnews.com/news/60-minutes-americans-with-disabilities-act-lawsuits-anderson-cooper/

Yes that one lawyer who filed 2000+ drive by suits claimed he only made two million dollars. I bet that is way low.

Unfortunately, that’s one of the reasons I’d like to shy away from a lawsuit. I know very well that it decreases public opinion of those of us with disabilities. I cannot count the number of times that I’ve heard people complain about there being “too many” handicapped spots and that people like me have “special privileges.”

But I will make damn sure that in 2016 someone with a simple wheelchair can access a major, national department store in a higher-end mall that went through a major renovation less than 10 years ago. There is zero excuse.

I have still not received a response from the mall despite a follow-up email. For a variety of reasons, I’d prefer to have things in writing rather than contact by phone. It’s not that I’m phone-shy. It’s mostly because I have horrendous brain fog and some memory loss and would rather not trust my own brain to remember things.

There are some silly things that happen. A neighboring county where I used to live in MD had a small archery park off a main road. I can count on one hand the number of times I drove by and actually saw someone there. There were 6 parking spots and 2 were handicapped spots - van accessible!

It doesn’t really matter since there didn’t seem to be high demand for that park, but it was strange considering that the butts were all at the same height.

Why wouldn’t you just contact the OCR in your state and file a complaint? They will be required to follow up on this complaint, and if there are issues, the place will need to correct them.

I’m in the midst of finals right now. I will focus on this after the semester is over.

I have done nothing yet other than contact JCP and the mall.

For every person who complains about HC accomodations remember that there are plenty of non-HC people who nevertheless are happy about curb cuts, bathroom stalls that are big enough that your kid and stroller can be in there too, and aisles that you can navigate with a stroller. When I was on crutches I was happy to have so many doors I could open with a push of a button.

I was in a Sears store with my wheelchair-bound mother yesterday afternoon. Trying to maneuver through racks in the Lands End department was near impossible. At least I was with her and able to help. Independent shopping when you can’t get into the store, let alone be able to reach goods 5 ft off the ground would do me in.

It’s been 21 years since I wheeled around a stroller and things are much better now thanks to the ADA.

The Nordstrom entrance has push buttons to open the doors (which can be hard for someone who has limited use of hands) and all of the entrances to the mall itself have automatic doors. I
I never paid much attention until they were critical to getting mom out and about.

Thanks for your activism.

When I was in crutches and then a walking boot and finally a cane, I did appreciate all the things that made it easier and avoided or minimized situations that were tougher. Shopping at a grocery store was very arduous–nearly impossible.

I couldn’t handle a cart AND the crutches and most of the aisles in the grocery store were too narrow to comfortably navigate with the wheelchair that the store provided.

I was so grateful when I could walk again unassisted but it did make me appreciate wider sidewalks.

There is a flip side to that, too. In many instances restaurants and other public facilities created a handicapped accessible bathroom stall by taking space from the other stalls. I’ve been in places where I could barely get myself in the tiny stall that remained and get the door shut without falling in the pot! And I’m a small person. It’s all still a work in progress. :slight_smile:

I’ve been in some of those retro-fitted bathrooms, too, MOWC. And I am not a small person! This was before the mobility issues and I took the non-handicapped stall. I remember thinking more than once that they might as well just rip out the second stall (it was usually just a two stall bathroom) and make it a one person bathroom.

But hey, at least those places are trying :slight_smile:

Haven’t checked in for a few days but in answer to several questions - we were not an 8 top - and the groups that were seated on the main level after I arrived were my size or larger. In addition, they walked past a set 6 top in the main dining room on the way to the empty back room where they first tried to seat us.

I, too , have no interest in pursuing anything legal but I would like to make it easier for a permanently disabled person to enter this restaurant in the future. It is huge, new, and modern. No apparent issue with trying to meet some basic ADA guidelines

In addition, since the horrible fire in Oakland, I’ve thought about the danger of the large door at the entrance being locked at all times and the only apparent egress from the front of the restaurant being a small revolving door. That has to be illegal.

Romani - please keep us updated as your time allows.

The oddest retro fitted restroom- the Hitching Post of the movie Sideways fame in the Santa Ynez Valley. I think they and many central coast wineries and restaurants were hit by one of the 60 Minutes attorneys. The restrooms have no solid doors or walls. Just hospital style curtains.
@HImom - I’ve noticed that many places such as Target and the grocery stores have those motorized shopping carts.

I saw the 60 Minutes piece last night too. There are big bucks to be made in filing ADA lawsuits. But I know the frustrations of trying to push a wheelchair around many businesses, as I push my aged mother around in one. The biggest problems are old buildings that have to be retrofitted. Even the retrofits are not as good as in a new building.

And it’s not even the buildings that are the biggest problem. It’s the buckled sidewalks in so many cities. The tree roots have pushed the sidewalks up to angles that are unpushable in a wheelchair.

But at least ADA in the US makes most places accessible. Every time I go to Europe, I wonder “how do old people or people in wheelchairs get around?” In European restaurants, the bathrooms are invariably either up a set of stairs or down with no elevator.

Yes, there are motorized carts at some business loaned to patrons, including some supermarkets, Lowes, Costco. It’s bad when it runs out of charge and strands you far from your crutches ( which has happened) or the aisles are too narrow to comfortably maneuver and then you are claustrophobic. Those electric carts are very wide and with narrow aisles filled with people, it’s scary! ~X( [-O<

Finally got a response from the mall. Apparently JCP owns that part of the building and operates somewhat independently. The mall person was extremely apologetic and said that they would make sure this came to the store’s manager today.

So we’ll see. But that explains why the rest of the doors in the mall were the regular electronic ones.

Please correct me if I’m wrong, but aren’t the rules for handicapped bathroom stalls and dressing rooms different from those for handicapped parking places?

I was under the impression that non-handicapped people could use a handicapped bathroom stall or dressing room. After all, you only make it unavailable for a short time. At worst, you’re increasing the waiting time by a few minutes for the person who truly needs the special accommodations; you’re not preventing that person from using the facility for hours.

So, if I’m correct, a bathroom that has been fitted with one large handicapped stall and one smaller regular stall has two-thirds of the stalls it would have had if it had been equipped with three smaller regular stalls, not one-third.

Yes, you can use the stall, but maybe someone else is in it and you wind up in another one that is tiny. I deal with it, and it is truly a minor problem, but I just wanted to note that I can barely fit in some of the stalls!

I have no idea how a wheelchair bound person can possibly use an airplane restroom. Talk about barely being able to turn around! The airlines must have an exemption on that.