Board of Contributors: Should we give a lift to disabled people? Board of Contributors: Should we give a lift to disabled people? (February 25, 2004)

by Jeff Blum

Imagine having to be carried up (or having to crawl up) the stairs of a courthouse to make a required court appearance.

That is what happened to George Lane, a disabled person who lost a leg in an automobile accident. The courthouse where he had to appear lacks an elevator or other required accommodations under the Americans with Disability Act, known widely as ADA.

Beverly Jones, a court reporter who relies on a wheelchair, encountered similar problems. She made several requests for wheelchair accommodations in four county courthouses. Her requests were ignored. To add insult to injury, she was forced to allow a judge to carry her into a courthouse restroom.

Lane and Jones sued Tennessee, challenging its enforcement of courthouse access for disabled people. As a result, the U.S. Supreme Court will determine the constitutionality of the ADA sometime this year. The Supreme Court may declare the ADA unconstitutional because it infringes on states' rights.

In another case three years ago, the Supreme Court said state employees cannot use the ADA to seek damages for discrimination in the workplace.

Lane and Jones are not alone in suffering indignities and roadblocks because they are disabled persons living in a society unwilling to accommodate them.

But Tennessee may not be all that far from Palo Alto.

Things many of us take for granted -- such as going to court, voting, working, finding housing or even crossing the street -- may be frustrating or impossible activities for disabled people.

Non-disabled voters take it for granted they will not be hindered in casting ballots, notwithstanding the mess with hanging chads and confusing ballots in Florida during the 2000 Presidential election.

Disabled voters face obstacles in voting that would discourage the most civic-minded American. The visually impaired cannot use paper ballots without assistance, which often is not available. People with cognitive disabilities may face resistance in trying to cast their ballots. People with dexterity difficulties cannot effectively mark punch card ballots.

Disabled people face many obstacles in obtaining jobs. Many of us assume if a job matches our skills, we stand a good chance of being hired. People with disabilities who want to work believe that attitudinal barriers keep them from working. Bosses are often unwilling to adjust work hours to meet special transportation needs or to provide telephone amplifiers for someone hearing impaired.

Many people with disabilities who do work encounter supervisors and co-workers who believe a person with a disability cannot do the job.

Wanting to work is not a heroic pursuit for disabled people -- they share the same goal as most Americans: a better, more meaningful life.

Finding suitable affordable housing in low-vacancy, high-rent, Palo Alto is nearly impossible for disabled people. Even if the price is right, the housing is often inaccessible because it lacks wheelchair ramps or other accommodations.

Even navigating the streets becomes a problem for disabled people who rely on wheelchairs. A former member of the Palo Alto Human Relations Commission, who relies on a wheelchair, expressed dismay over the number of intersections in Palo Alto not having curb ramps. A 6-inch curb at intersections is an insurmountable barrier to wheelchair users, as is a recycling bin left in the middle of a sidewalk. As usual, Palo Alto offers a more sensitive environment for disabled people than is found elsewhere. The Human Relations Commission helped create an anti-discrimination ordinance and held a forum on disability issues last year. As an example of the sensitivity of our school district, Palo Alto High School offers a class in sign language. My daughter, Emily, is taking her second year of it. She enjoys it so much she also participates in a sign-language club.

I wonder what else Palo Alto residents can do to help disabled people. Can we push Santa Clara County to make it easier for disabled people to vote? It might help make them a political force.

Can we encourage local high-tech companies to hold job fairs for disabled people? They are often highly skilled and motivated potential employees.

As with George Lane and Beverly Jones, disabled people do not want to be carried, they want to be accommodated.

Palo Alto resident Jeff Blum is a family-law attorney based in Redwood City. He is a member of Palo Alto's Human Relations Commission and can be e-mailed at Blumesq@aol.com.

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