Thursday, February 5, 2015

Guest Post!


I’m super excited this week!  For the first time in the six years I’ve been operating this blog – I’m hosting a guest blogger!  This week’s post comes to you directly from Tim Vermande – which many of you may have had as a teacher right here at the Art Institute of Indianapolis.  We are fortunate to have Tim speak about his real-life experiences with the Americans with Disabilities Act and I want to publically thank him for sharing his story and for agreeing to write this post!  And now without further ado….

Y’all recently read a blog post about customs in conflict in Saudi Arabia. I’d like to ask you to think about another area of conflict today, one that is closer to home. The Americans with Disabilities Act is twenty-five years old this year. It provides legal protection for a variety of civil rights related to people with disabilities.

The Census Bureau states that 1 in 5 people live with a disability. This number may be low—many people do not want to consider themselves “disabled.” Sometimes this is because a chronic illness, such as asthma, does not interfere with life most of the time, or can be controlled through medication. Similarly, conditions such as poor eyesight, readily corrected with glasses or contacts, don’t cross our radar as disabilities. And some people just don’t want to be labeled that way because of perceived social stigma.

The ADA has meant a lot to me. I was a difficult birth (will it surprise those of you know me to find out that I have been difficult?) and then apparently contracted polio. When I was older, I was in accident that injured my back. Yet I have been a photographer (including for several fire departments), photo lab manager, and have attended college and graduate school. Now I teach at the famous Art Institute of Indianapolis (and the less-famous United Theological Seminary). These days, people who do such things get media coverage that goes viral on Facebook or YouTube. But many of us were doing these things long before they became fashionable.

Some of these activities have been a struggle. I ended up attending a local college, even though several top-ranked colleges sought me out—but that was before the ADA, and the invitations disappeared when I asked about stairs and the like. Even after the ADA was passed, schools dragged their feet on physical accessibility. One listed the ability to carry 50 pounds up a flight of stairs as an essential part of being a professor (and thus not subject to accommodations). Another wouldn’t take me on to teach history because the position also required coaching football (even though that wasn’t stated in the announcement).

And it continues. As I’ve often remarked in my classes, laws just show the points of need—they don’t change hearts. And, something I’ve mentioned in my classes: there are often unintended consequences. I have an example of each that we’d like to ask you to comment on.

The first is with businesses that continue to be slow about accommodations—or don’t have their heart in it. You may have heard of “serial” lawsuits, where a lawyer and person with a disability file several lawsuits in a particular geographical area. While these are presented as overblown or picky, how would you feel if you went to board an airplane and were either denied boarding (after paying for a non-refundable ticket), forced into a seat assignment that you can’t physically get to, or find that your wheelchair was damaged by handlers, and the airline refuses to pay for the repairs? Or, rather than being seated in a convenient front area of a restaurant, you’re herded through a maze-like trail to a seat next to the take-out door and kitchen? Or you need to use the restroom and can’t get through the door? Just to finish the sequence, then your shuttle comes—and you have to crawl in because it doesn’t have a lift. All of these have happened to me. And it’s been 25 years—will a police officer let you out of a ticket because the speed limit changed 25 years ago?

An emerging problem is with service animals. The ADA provides that service animals may go anywhere their human does. Yet I hear every week of someone who is denied entry to some business because of their dog (and by the way, the law does specify dogs, you can’t claim a snake or rat as a service animal).

Yet what happens if I should someday need a service dog (they can pull wheelchairs, pick things up, carry bags, and so on) and one of you in the class is allergic to dogs? Or, since no documentation or certification of status is required, what if someone buys a fake service dog vest on the internet and shows up in class?

Managing conflict and dealing with unexpected consequences are important skills in life. How can we best handle them?

 

23 comments:

  1. This comment has been removed by the author.

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  2. I believe there is no easy solution to handle such situation. However the only way to ensure that the laws/standards in regards to disabilities are withheld, is to guarantee that businesses/compancies are being held accountable. If a restaurant cannot remain functional if they plunge beneath health standards, why is it acceptable to not have appropriate accommodations for those who are not as capable as others?

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  3. I do agree with Tim when he said managing conflict and dealing with unexpected consequences are an important skill in life. I agree with him because if you do not know how to handle conflict or unexpected consequences in a professional, non-dramatic way life may not turn out to be so easy. For example, if a conflict comes up in your place of work or even an unexpected consequence.... and you do not handle it professionally, chances are you will get fired. I think businesses that do not care as much or think as much for ADA are pathetic and ruthless. How could someone not offer special needs for people with disabilities? It is ridiculous that some businesses don't think about people with disabilities and what they need or literally have to have to be able to do something. When it comes to service dogs I think that ALL places of businesses should have to (no matter what) allow service dogs in their place of business for people with disabilities. Even if someone is allergic, it doesn't matter they should leave the room then. Someone who absolutely needs a service dog should have the right to have it in ANY & EVERY PLACE! When it comes to handling conflict and consequences you should always try to look at it in a positive way if possible. Another thing you can do is handle is professionally with maturity, no matter how mad or upset you may be. You will realize if you are as cooperative and mature as possible, things usually turn out positive. However, if you act immature and non-cooperative, things will probably turn out way worse then when the conflict or consequence was first addressed. So my advice to handle conflict/consequences in the best way is.....
    1.) Be patient.
    2.) Be MATURE!
    3.) Be Cooperative
    4.) Try to stay as positive as possible!

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  4. I feel like this is such a hard situation to make a change in, because one thing I've observed the most is that the majority of people simply are not capable of putting themselves in someone else's shoes. I think people subconsciously determine what their customers, members, etc. need and want based on what they, themselves need and want, so the matter of disabilities is sometimes simply not taken into consideration.
    For two week in middle I was in a wheelchair, and I can still plain as day remember how isolated and bothersome I felt for 14 days. People would heave sighs and groan when walking behind me because my chair was slowing them down, they rushed passed me sometimes hitting my chair and rarely ever apologized, it seemed like people avoided socializing with me altogether. I remember thinking 'I don't know what I would do if I had to live like this all the time'. Not that I'm in any way comparing my two weeks to those who live their lives in a wheelchair; however, since then, even now years later, I have a huge amount of respect for those with physical disabilities.
    It's easier for those who've had a taste of what others go through to think more commonly about their specific needs. I can understand why those with physical disabilities have filed lawsuits against areas who don't offer handicap parking or a simple ramp so they can enter the building without struggle. No one thinks about how frustrating and sometimes downright embarrassing it must be to be unable to do a task such as enter a building because others never even considered their condition. As far as businesses go, it's their responsibilities as professionals to consider the needs of all of their customers. When it comes down to it, I think what's really going to make a change is a little open-minded, perspective, and understanding. Equal rights and opportunities are often connected with race and gender, but rarely acted on when concerning those with disabilities.

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  5. Having diabetes falls under the disability radar. Diabetes has caused serious issues with everyday life. However I can't imagine having to deal with what Tim does. With diabetes schools are to have a full time nurse on staff. Now by schools I mean highschools. A lot of times schools hire a part time nurse and allow you to carry your meter around school with you. However I was shocked the other day to find the one of my friends blood sugar was low, the nurse wasn't there and she was denied carrying her meter around with her. Now this is a huge problem. How is she going to take care of herself at school? Having an issue with not being to go into a store or business because of a service dog is ridiculous. I understand that people could be allergic but I wish we could find a happy medium. I want everyone to be treated equal disabled or not. I know we are a long way from this but something needs to be done. We may look different on the outside but on the inside we are all the same.

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  6. It all comes down to common respect for each other. If business and schools. etc do not accommodate and step up for those with needs the higher the fine. And if the government is to blame then a few law suites should get their attention.

    Jeff

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  7. Twenty five years is definitely a long enough amount of time for businesses to follow the ADA. This blog was very eye opening, because I don't go through the every day struggles that those with disabilities sometimes have. At this point, those with disabilities should have a place to report businesses that don't follow these laws, so they can be fined or boycotted. This could be something as simple as a website. Businesses need to be held accountable for failing to accommodate those with disabilities. The emerging problem with service animals also needs attention. Businesses that refuse those with well behaved service dogs should be heavily fined. Although I like the fact that just the dogs badge is required, the question about false service dogs made me think twice. I think a law should be put into place that every service dog should have his own ID badge that states where he was trained and what for. Clearly, the U.S. still has a lot of work to do when it comes to accommodating those with special needs. Its very disappointing to hear about inconveniences that should have been fixed long ago. We can best handle unexpected consequences and also change these unfortunate facts by keeping calm and taking one step at a time.

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  8. I was shocked to read that even after 25 years, people with disabilities still have to go through stuff like this because a lot of businesses decide not to follow the ADA. Like many of the other bloggers above me, I believe that businesses should be held accountable for their actions and even possibly receive a heavy fine if they don't accommodate disabled people. The part with the service dogs is a little tricky because like you said, it is possible to buy fake service dog vests. However, businesses still shouldn't be able to turn them away, because what if the person actually does need a service dog? I read a story once where a business began to turn away people with service dogs because it was getting hard to tell whether it was actually a service dog or not. This is extremely unfair to the people who really need them. I really think they should make it so all service dogs do have to have some type of certificate to prove they are in fact a licensed service dog.

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  9. It all comes down to how much respect is given towards people with disabilities, schools and most businesses help and understand them but other businesses ignore them.

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  10. As an interior design student I am very aware of ADA, we talk about accessibility and ADA regulations all the time but in the real world things seem different. There should be more awareness these things. The best way to handle these situations is to make people aware of ADA especially in the interior design field; designers should take ADA into account in every project they do.

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  11. Since one of my uncles has had polio and has thus had to use crutches or a wheelchair for most of his life, I have a personal understanding of just how important services for the disabled are to those who really need them. It seems unfair to me that businesses should be allowed to be lax in providing these services. Those with disabilities have enough to deal with already just by having the disability, I feel those around them should be far more considerate and accommodating to those who are impaired in any way, because many of them really need all the help they can get.

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  12. I'm over weight and I've had it rough with sitting at restaurants or those small ass highschool desks, I've gotten stuck in those things. But i try not to make a big deal about it because i hate drawing attention to myself, because where i grew up i always got ridiculed because i looked different, but i always just brush it off. But here no one ridicules me, I'm happy here.

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  13. It's ridiculous that 25 years after the ADA was born people still chose to not abide by its rules. However, I also notice that there is no mention mental disabilities in this post. I feel as if those fall under the radar even more than say diabetes or asthma, because if you're not "sick enough" then nobody cares. Where are the comfort rooms in buildings for people that get anxiety attacks? Whenever do teachers ask students what words might trigger them into having a sudden flashback to a horrific memory? Do bosses let you have time off because you can't will yourself to get out of bed because of your depression? I feel like in the next 25 years, if all those problems we have no with physical disabilities are gone, mentally ill people will still be fighting tooth and nail to get the same treatment when they need it just as bad.

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  14. it's kind of sad to know that after 25 years they still don't allow cripple people in current
    areas, for example like the airline scenario how they won't allow cripple people on airlines i think that this is kind of disappointing, and sad nobody deserves this to be treated like this. In my opinion people today don't really realize what it's like to be in another person's situation. In my opinion i think that the businesses that are being stubborn and don't agree with the ADA's laws should go out of business for good . They should just follow the ADA'S laws so there won't have any arguments and dealing with consequences . Cripple people should have every rights as a person who is not disabled or crippled. As a person with a disability i find this very offensive. It's kind of foul how businesses are being so biased against disabled people. i think they're being pretty uptight. I believe that ADA should get more recognition and maybe their laws will be permanently and properly enforced. I believe in equality and that everybody should be equal. And to have the same rights as every other person. Services should be provided for people who are physically disabled and to have accessibility. Also it's sort of inconsiderate, and disrespectful to be honest. To have somebody that is different go through such unnecessary non-sense. This has to be stopped immediately.

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  15. I am an dog lover and a person who think disable people must be helped in all way. But I don't think they should bring the dog in class, especially who has allergic to dog. I know service dog trained well, but allergy doesn't matter how well trianed the dog is. I know it because my brother has severe dogs and cats allergy.
    While there in class, classmate can help them. Just until they arrive front of the school. I don't know why do they make conflict with that.
    -Jaeyoung

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  16. Thanks to everyone for the comments. The first thing I'd like to mention are the "invisible" disabilities. I don't have one of these, as many of you know, and wanted to base this on my experience, so that's what is here. For those with invisible disabilities, such as mental conditions, epilepsy, diabetes, allergies (to name a few) it is much more difficult.
    Alex, it's not uncommon when I'm at a store for people to jump in front of me or practically climb into my lap to reach something on the shelf. Personal space is a frequent loss (another version of this is when someone grabs my wheelchair and moves it). Damian, "trigger words" are an emerging area, and one that I watch for, especially when discussing war and violence, but you are right that not everyone does. Comfort rooms are also increasing (as are single-user restrooms for people who need assistance). One of the problems--and a reason I stress professionalism and creativity--is that much of this is emerging, that is, we are slowly becoming aware of the need. I spend several hours a week helping organizations keep up with at my other job (which is why I'm posting from the account I am). And finally, to Ron, this school is very open, and I'm exploring that on my own--I think there's a link between creativity and acceptance of others. I'll sign off with that, I had a back injection today so I hope to see some you next Monday!

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  17. ADA standards can change or be updated. When this does take place, some businesses would rather be fined than spend money for accommodations. I prefer business that look out for people, not just their bottom line.
    When a church couldn't afford to update their entrances to ADA standards, the community raised money and chipped in for labor. Raising awareness to the problems and then finding a solution outside of litigation and bureaucracy is more efficient.
    Why is being a history teacher insinuates being a football coach?
    As for the managing conflict and dealing with unexpected consequences - I've found patience, politeness, honesty, and a sense of humor can get you through almost anything.

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  18. Yea, you'd think after 25 years of being instated the ADA would have better help for those who need it. When people who have service dogs are being rejected because of it, it's really ignorant to say the least, I mean if you were put in their shoes and had a service dog, would you want to be let into your favorite restaurant and not have to fight to get what you want or where you need to go.

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  19. I can't believe that after 25 years businesses still couldn't follow ADA. I thought the customer was suppose to be the most important thing about a business? A business is suppose to strive to make their customers happy. It sickens me to hear that guide dogs wouldn't be allowed in businesses when their owner is clearly dependent on them. I also think it's dumb for the simple fact that guide dogs are extremely well-behaved and wouldn't be a bother to the business in the first place. To me they're just losing business and probably some of their reputation.

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  20. I am not too surprised to hear about business following ADA standards. For one our codes class we took a field trip to the hospital to see how easy it is to move around in a wheel chair. It was hard to enter and turn around in the elevators, there was a large slope we found that would be a disaster for someone to use in a wheelchair. Also the bathroom is where we had the most issue since the door was a push door it was hard just to enter. Then the handicap stall was hard to enter and maneuver through. If I didn't have my classmates to help me in and out of the bathroom I don't think I could of done it. You would think most businesses would follow the standards to ensure they wont be fined or potentially sued. Everyday you are faced with an unintended consequence, one just handle it in a calm professional way. If I had a disability I would not like to go to new places just because I don't know how I would be able to get around. Also I think that is terrible for owners to not allow service dogs for small issues such as allergies. The service dogs and trained and exposure to many situations to help someone in need. Overall, it looks bad for someone to deny someone to enter because they have a service dog. That will affect their business and reputation in the long run.

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  21. I feel like business dont care about the consumers anymore and just care about the money it didnt always use to be that way people use to start a business to help people and then make money but now adays its all about the money

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  22. I think ADA needs to be drastically changed to address needs of disabled people better, I have very bad scoliosis which limits what I'm able to do to an extent, and some places have been great about helping accomodate what i need( AI Indi being one of them). Where as other places( namely jobs) have put up barrier after barrier or simply refused to higher me. I do require orthopedic shoes, and I have been turned down for jobs because of this. Occasionally I've had to use a wheelchair( normally after I do something dumb and hurt myself) and have found that a lot of doorways or aisles do not meet the36" opening required to meet standards, and nothing is done about it.

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  23. A final note, some of you may, ahh, enjoy looking at one of my Pinterest boards:

    https://www.pinterest.com/lmswedberg/accessibility-bloopers/

    and

    https://www.pinterest.com/tjvermande/disability-awareness/

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