Human Rights Report, Accessibility - Special meeting
Human Rights Department
City Hall Annex
1300 Main Street
Dubuque, Iowa 52001-4732
(563) 589-4190 office
(563) 589-4299 fax
(563) 589-4193 TDD
humanrgt@cityofdubuque.org
www.cityofdubuque.org
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August 15, 2006
Dear City Council Members:
Thank you for the opportunity to dialogue with you at a 6:00 p.m. work session of the City Council, August 21,
2006.
The Human Rights Commission and the members of the Accessibility Subcommittee set a 2005-2006 goal to
"ensure that persons with disabilities are included and accommodated in the Dubuque community." At the work
session on August 21, we hope to discuss one of the objectives - a survey project of Dubuque businesses. The goal
of this survey project is to ascertain, measure and check compliance with the Americans with Disability Act "readily
achievable" standards.
At the meeting we hope to provide information regarding our progress, and ask for the council's help in achieving
this goal. Before the meeting, we are requesting that you look over the enclosed materials, which describe this
accessibility initiative which began nearly three years ago. You will note the history, the response from the business
community, and the challenges we have experienced and continue to face. At the work session, we hope to field your
comments and questions.
Enclosed are two documents for your review:
I. A June 2006 report which outlines the history, the survey process, and the challenges experienced by the
Human Rights Commission/Accessibility Subcommittee from 2004-2006.
2. An abbreviated version of subcommittee July 31st minutes, explaining the challenges and difficulties
we've experienced.
Thank you so much for giving us your valuable time and guidance.
Sincerely,
,
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J./st.; Haley GIesen, A
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Report: The Accessibility Subcommittee of the Humau Rights Commission
June, 2006
Human Rights goal for 2005-2006
Ensure that persons with disabilities are included and accommodated in the community.
Objectives:
I. Educate businesses, organizations and service providers about disability requirements and work with
them to correct accessibility problems.
a. Create a list or booklet detailing the biggest needs of persons with disabilities. Present this
information to local architects, builders and city inspectors.
Establish a speaker's bureau to offer education through community events, clubs, organizations, etc.
c. Form three teams and team leaders to visit restaurants, stores and other public venues to survey
for accessibility.
2. Help facilitate initiative to bring a Center for Independent living to Dubuque.
To make these goals a reality, the Human Rights (HR) Commission created an Accessibility
Subcommittee consisting of three HR commissioners, two people with disabilities, and citizens interested in
making Dubuque "proudly accessible." We meet once a month to discuss the objectives and implement
the initiatives.
In process is a plan to publish a booklet of readily achievable Department of Justice (D01) and
Americans with Disabilities Act (ADA) requirements, which will be published and circulated among
architects, owners planning renovations, city building inspectors, builders, contractors, businesses, etc. Our
guide for this booklet will be the ADA Guide for Small Business. We will tailor-make this booklet to fit the
needs in Dubuque. Among other things, the booklet will include some statistics about populations with
disabilities, and testimonials of the need from Dubuque residents with disabilities.
We are also attending planning meetings regarding the plan to bring a Center for Independent Living
(CIL) to Dubuque. There are seven cities in Iowa that have a CIL; Dubuque would be the eighth.
This report wiU focus on the #c obiective listed above to "form three teams and team
leaders to visit restaurants. stores and other venues to survey for accessibil#y."
History
Over two years ago, the Human Rights Commission began an initiative to make Dubuque a "proudly
accessible city. Under the leadership of HR Commissioner Penny Ehlinger, a subcommittee was formed
and survey teams were identified and trained to do surveys. A survey tool, based on DOJ and ADA
regulations, was developed for the HR Commission by Dubuque citizen, Bob Lehnhardt
Within the past two years, 11 surveys have been conducted in Dubuque business venues, which included
drug stores, general stores, restaurants and a city-run facility.
After the surveys, each business was sent an individualized report delineating "readily achievable" steps
necessary for compliance and encouraging actualization of the said improvements. Furthermore, businesses
were advised that the teams would contact them in six months to check progress.
Because of changes in the Human Rights Commission, the project was delayed and the follow-ups with
busmesses were not completed.
At the Human Rights goal setting retreat last October, however, the HR Commission resurrected this goal.
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The commission felt that the ADA standards were not being met in Dubuque, especially regarding
accessible parking areas, lack of access paths in stores and restaurants, and lack of navigability in public
accommodation restrooms. The commission also noted that "readily achievable" requirements - details
often overlooked or not addressed - raised (braille) signage, height of drinking fountains, paper towel
dispensers in bathrooms, van access aisles and signs in parking lots, etc.
A New Effort
A new subcommittee was formed. The subcommittee was fortunate to have a student intern, Teresa
VanNatta, human resources major from University of Wisconsin, P1atteville, join us in February. She did
several organizational and research efforts and actions for our subcommittee.
1. We sent letters to the former nine businesses which had been surveyed from eight to 12 months
previous, requesting that we be allowed to come back to survey again to note improvements. In the letters,
we again included the individualized post-survey reports by Bob Lehnhardt, which listed "readily
achievable" ways to address each business' unique compliance issues. A month after the letter, we called
requesting to revisit. The responses from these businesses were not favorable. The responses ranged from
businesses not remembering a survey being completed, to other renovations being made since then, to new
managers having no idea what we were talking about etc. One owner complained that we were singling him
out and he discouraged another visit.
In response to this hesitation to allow us back to resurvey or note compliance challenges, we sent
another letter to these businesses explaining the necessity of complying with ADA requirements, and again
we sent the list of compliance issues that they had had in the original survey. Since we had not checked
back in the timely fashion, we figured that these 9 businesses would not be recontacted after the second
letter.
One locaIly-owned store said that we were overstepping our bounds and that the Building Services
Department had OK'd his store in years past, that he had improved 5 of the 9 mandates and was in process
of addressing 2 more compliance issues. Since his letter, we have noted that his space for disability parking
is still on an unsafe slope, and could readily be moved to a space close to the entrance which is level. We
sent another letter to him offering our apology regarding the mixed messages he had experienced between
the Building Department and Human Rights. We noted that HR commissioners had met with the Building
Department to address some of the existing areas of confusion. (See note* about a May 5 meeting with
Building Dept. below.) We also reminded him that his parking spaces for disabled people are not ADA
compliant and suggested a way to remedy the situation. The letter to this locally owned store was reviewed
by the city's Legal Department and was sent to him the last week of May.
'Note: On May 5, Kelly Larson, Mary Gassman and Judy Giesen met with the director of the Building Services Dept. Rich
Russell, and city inspector Gerald Stoffel. We explained our project, and heanl all the nuances and special examples of how
the Building Dept. checks for ADA in fmal inspections, how some details of final completion of renovations could he missed
by them and picked up later by us, and how some "readily achievable" compliance rules could fall throngh the cracks if we of
Human Rights don't identify them. The meeting was extremely helpful, especially regarding our current unsent letters. Rich
and Gerry encouraged us to continue, and also to pursue the idea of a user-friendly ADA compliance booklet, which we hope
to accomplish this year.
2. Next, we identified five new businesses to contact for surveys. At this writing (June 26), one bank has
been surveyed. We noted many good accessibility measures and pointed out that the "private" bathroom
in his bank needs to be made accessible in future renovations. Until this change is made, we advised him
that no member of the public should be allowed to use this private bathroom, lest one of the requests for
use comes from a person with a disability, who could file a complaint if he/she would not be able to
navigate the space.
The four other ~ businesses that we have contacted have proven very difficult to contact, to return
calls, etc. The franchise stores say that they have to contact the main offices to allow us in. One store never
returned calls. One major department store told us to call back in a year.
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3. Meantime, we have prepared and sent to the Legal Department a new initial letter to be sent to the
businesses we contact in the future. This letter is much more detailed than the previous one, explains more
fully the process and the interview and talks about how important it is for businesses to implement these
readily achievable ADA improvements. This letter will be hand-delivered to the managers of businesses by
a Human Rights Commission, who will request 10 minutes of his/her time to deliver and explain the
survey. A Human Rights Commissioner will also place follow-up calls to the owners, requesting that one of
the three volunteer survey teams be allowed to come in and do a survey in the store or restaurant.
4. After lengthy discussions with the Accessibility Subcommittee members on April 24, and the Human
Rights Commission on May 8, we have made a decision about the nature of the survey and its role in
education and enforcement.
According to city code, official complaints for lack of accessibility can only be made by people with
disabilities, their caregivers or aides, and members of the Human Rights Commission.
Using this information, we have weighed pros and cons. If we do a one-stop survey for a business,
followed up by a report listing compliance issues, and leave the effort there, we are an "education" group
only. If we make a follow-up visit (6 months to a year) and note that there have been no improvements
made to our suggestions, we could then file a discrimination complaint against the business (which will
begin the investigation process in the HR office). At that point, we are enforcers. We wonder if we'll get a
foot in any business's door in town if we are known as enforcers, not educators.
5. We have decided to be a combination of the two: education and, in the case of egregious offenses,
enforcement. At the same time, we want to be known as a friendly body that wants to ensure that all
businesses can accommodate every citizen in Dubuque, especially those with disabilities and people with
mobility problems.
Note: A sticker/tag/window cling has been designed and printed. This window cling serves as an incentive
for businesses to follow through with suggested assessibility improvements. The sticker, "This Business
is Proudly Accessible" was designed by subcommittee member Bob Lehnhardt.
Minutes of Accessibility Subcommittee
July 31, 2006 4:00-5:15 Library Board Room
(abbreviated version, relevant input for city council)
Present: Bill Ross, Jim Jarrard, Molly Mensler, Bob Nesler, Bob Lebnhardl, Joe Feltes, Judy Giesen
Judy read a letter received by Crenna Bromwell, assistant city attorney, giving the HR
Commission permission to use the phrase "proudly accessible" in the accessibility booklet
and other promotion. The phrase was discovered on a Hermanus, South Africa web site,
and the letter was from Karin Coetzee, chairperson of Access for Citizens Committee
which is sponsored by the Rotary Club of Hermanus. We will acknowledge Hermanus in
our booklet, planned for the future.
Survey update
Judy said that because of her new job, Mary Gassman won't be able to continue her good
work on the subcommittee. She has been the HRC organizer for contacting and keeping
track of the businesses we contact for surveys. We have 4 businesses which have received
initial contacts: west side restaurant, downtown restaurant, fast food chain, bank. The
downtown restaurant and the fast food chain received personal visits from Mary, and they
were given explanation letters and surveys to study, in hopes of a positive response. The
bank and the west side restaurant were former contacts of student intern Teresa.
We discussed the commission's goal, which Jim Jarrard summarized: "All we are looking
to do is to make sure people comply with existing [ADA] laws." We continue to want to
give businesses a chance and a timeline in which to comply with ADA. Currently, the
businesses can voluntarily choose whether or not to let us in to do the survey. Even if not
allowed in, commissioners and people with disabilities can file discrimination complaints,
but the survey tool shows business owners where compliance is needed and the timeline
gives business owners several months to makc readily achievable improvements. Molly
said that the survey tool gives "people an opportunity to cooperate without having a heavy
fist." Jim added that by not conducting a survey, it is difficult to know who is complying
and who is not complying with the ADA. We might be only guessing! seeing the obvious
if we are unable to conduct a survey, thereby missing a large part of the bigger ADA non-
compliance issues that exist within the business.
In a recent meeting with Kelly, Judy suggested that the survey project was not working
well because we couldn't get our foot in the doors of "old" businesses (not new
construction), which often dismiss our attempts. Judy asked Kelly for her suggestions for
new models of operating this project in our subcommittee. Judy suggested that
commission and citizen volunteers don't seem to have the clout to be allowed into these
"old" businesses to enforce the ADA mandates. The project is also very time intensive
with often-discouraging results. . . and we may need to ask for help from the city in order
to assure that Dubuque becomes a "proudly accessible" city.
Judy also met with Ann Michalski, city council member, on July 3 I. Ann suggested that
this information be discussed with city council members in a work session preceding the
August 21 meeting, 6:00-6:30 p.m., library. This would be attended by at least 2 HR
members and Kelly. By August 14, we would ready packets of info for distribution to
council members.
We were confident that the HR Commission (at its regular Aug. 14 meeting) would be in
sync with this plan to discuss our past efforts and future steps with the council. Ann
suggested we move ahead with the August 21 work session, since the council itself would
have a goal setting session for the city on August 28-29. Timing here was essential, due to
this upcoming goal setting and the possibility of having a goal of better accessibility
standards in the city. . .
We reviewed whether the Building (Department) inspectors for new buildings also inspect
for ADA violations. (Commission members met with the Building Department in May.)
The committee's understanding was that inspectors visit new building sites near the
completion of the new business. ADA requirements are not part of their inspection, but
they have an eye out for egregious violations of ADA, and give a "heads up" to Kelly.
Building inspectors do not currently enforce ADA requirements. Their inspections are for
sound structures, with any eye on quality and safety. They don't make an issue of the
height of toilets, pressure adjustments to open front doors, width of aisles, display barriers
in aisles, accessibility of water fountains, or presence of service counters, etc. It is up to the
HRC/office or the Legal Department to enforce these readily accessible improvements. We
discussed possible solutions to the current enforcement problem. . .
We talked about our roles as volunteers and our inability to get into existing businesses
which raised the question: Have we been successful over the last few years? It was
observed that we often find ourselves hitting the wall and not getting anywhere. We have
not been able to do quality check backs, due to timing on the first go-around of 9
businesses, and no check back on the recent bank visit since 6 months hasn't transpired.
On the upside, Judy pointed out that there has been significant awareness-building through
this process, both from the surveyed business standpoint, HR commissioner awareness,
and city staff awareness. Going to the city council will be a key awareness-builder.
Judy suggested that we clear up the 4 businesses who we have in our pipeline right now.
Can we at least finish up that part as soon as possible?
Calls to get a final permission for a survey team to survey existing businesses will be made
in the near future by three members: Bank, Judy; Fast Food chain; no one volunteered;
west end restaurant; Bob Lehnhardt; downtown restaurant, Bob Nesler.
Booklet, "Proudly Accessible"
Due to time restraints, we decided to hold off discussion on the booklet until our future
meetings. The accessibility survey question is uppermost on our minds right now. Bob L.,
Bob N., Joe, Jim and Judy have assignments for the booklet, which they will work on.
Our next meeting will be at 4:00-5:15, Monday, August 28.