Freedom´s Tools

David Carter of Bloomington, Indiana is the board President of The Fifth Freedom Network, a statewide advocacy organization for people with disabilities. David has been advocating for better community access for people with disabilities since the early 1980s. In his hometown, he is a founding member of the Bloomington Council for Community Accessibility (CCA), a group dedicated to achieving better site access for people with disabilities. In the segment below, David presents information about some of the experiences he had while working for improved accessibility in his town.

• CCA, including David, approached first an area sign maker who agreed to install the required parking indicators free if the businesses bought the signs from him. (Get accurate information with a solution, not just complaints).
• We met with the Director of Bloomington Human Rights Commission, who is also the city attorney, as well as several City Council members to discuss the problem.
• We pointed out that the handicap parking issue had been omitted from Bloomington ordinances, undoubtedly by accident in their busy schedules, not by intention. (Work with people in the system, not against them or attacking them).
• The Bloomington City Council ordered an investigation. (The issue had accidentally been overlooked) Result: The Bloomington City Council passed the needed ordinance and enforcement procedures.

• Clearly identify a need.
• Clearly and accurately identify why the need is not being met.
• Clearly identify the changes that need to be made.
• Identify the individuals who can help change the system.
• Identify the individuals who need to be convinced the system needs changing.
• Attend all relevant meetings.
• Be prepared and be patient.
• Have accurate facts.
• Make suggestions, not demands.
• Get the people in power to work with you.

• The CCA contacted the Mayor's office, clearly explaining the problem.
• The CCA presented a position paper making the following points:

1. Sidewalks are public for the use of all citizens, and fall under the city's jurisdiction.
2. Many people, including those with disabilities, use these sidewalks regularly.
3. People with vision impairments cannot see the obstacles.
4. An estimated 5,000 adults in Monroe County have a mobility and/or vision impairment.
5. The Bloomington Municipal code requires new construction to provide a concrete sidewalk at least 60" wide for public use, and forbids obstruction of it, other than temporary.
6. The Indiana Building Code requires escape routes from buildings to be at least 60" wide.
7. Encroachments on the sidewalks for private profit clearly constitute a private use of a public thoroughfare and are thus subject to regulation from the city.
8. ADA defines a passing space as being at least 60".

• We examined city ordinances on this issue from several cities: Indianapolis, Cincinnati, and some in California.
• We presented our position paper to the City Council and answered questions.
• We argued for the adoption of a clear ordinance, as other cities have, for the maximum use of public rights-of-way without infringing upon the rights of people's ability to circulate freely and safely. We argued for a clear, straight path because a person with vision impairment cannot predict meandering paths.
• We argued for a path of 54" clearance, demonstrating our willingness to negotiate. (The Department of Justice (DOJ) would later mandate a 60" clearance for ADA.)
• After many meetings with interested parties, a proposed ordinance was written.
• We attended and presented our request at a City Council meeting
  1. One CCA member introduced CCA, its history, and an overview of the issue.
  2. One CCA member made a presentation on state and federal laws as well as city statutes on this issue.
  3. The city liaison gave an overview of actions by other cities.
  4. One CCA member ended by presenting our view of each of the eight amendments to the proposed statute.
• CCA members had prepared in advance to answer anticipated questions (although some seemed to come from left field).

Result: The City Council, by unanimous vote, adopted the city statute restricting use of public thoroughfares by private organizations.

Result: Although there had been initial protests from some businesses, these problems were resolved in the series of meetings before the City Council adoption hearing.

Lessons Learned

• Try to understand others' positions and priorities.
• Be willing to compromise some on the details if it means accomplishing your major goal.
• Cultivate a relationship with government officials and others with knowledge about the area you are trying to change.
• Be prepared.   Be patient.   Be polite.   Be helpful.   Be responsive.

III. Issue. Get the Indiana Building Code, Chapter 11 (Accessibility) to comply with ADAG (ADA Accessibility Guidelines) and the state Building Commission to submit the plan to (DOJ) Department of Justice for certification.

Background: In 1993, a year after ADA passage, we noted that new construction and extensive remodeling projects were taking place without using the accessibility requirements. Also noted was that no action was taking place against these construction projects. When we approached the Indiana Building Commission, we were told that the Building Commission was working on a much better accessibility code than ADA provides.

Problem: Commission personnel seemed to resent our involvement. The attitude was clearly that they knew better than we how to "take care of us".

Problem: Local building inspectors, as employees of local government entities, hesitate to "rock the boat" for fear of losing their jobs.

Action: Noting no movement by the Building Commission, we contacted Indiana Legislature Senator Vi Simpson who paved the way for the adoption of IC 22-13-4-1.5 stating in part that "the commission shall adopt building rules for new construction and conversion of buildings . . . for the purpose of complying with and implementing the Americans with Disabilities Act (ADA) . . ." This action was to be completed by December 31, 1994. In addition, the act required adding a 17th commissioner who is knowledgeable in accessibility requirements and has personal experience with disability. Larry Snyder was appointed to this position.

• Two years later, there was little or no action.
• CCA again contacted Senator Simpson, resulting in SB 410 (1997), which stated in clear, bold language that the Building Commission will comply with ADA, adding language for new construction, alteration, remodeling, and renovations. The standards were to be published by July 31, 1998 and sent to DOJ for certification.
• A hearing was held on the revised Chapter 11 of the Building Code on January 6, 1998. We contacted the Governor, Senator Simpson, Representative Kruzan, and others about this incomplete code being sent to DOJ, but all to no avail. The DOJ did not certify the complaint.

Result: The issue not only remains unresolved, but also has become more complicated after the Building Commission was placed under the umbrella of Homeland Security.

Result: The explanatory letter from DOJ was "misplaced" by Homeland Security.

Result: A copy of the letter from DOJ in David Carter's files was forwarded to the appropriate person at Homeland Security.

Result: To date, the issue remains unresolved.

Lessons Learned:

• Do not be afraid to follow the "chain of command".
• Find out where public officials get the rules they operate under.
• Identify who has the power to make change.
• Remember that most people do not like change or challenges to their "authority" (even if authority comes from simply following rules).
• Be prepared to read "legalese", or get someone to explain it to you.
• Attend public sessions of government agencies. Do not be afraid to ask questions. If you know beforehand that you intend to speak, ask to be placed on the agenda.
• Contact your local legislators for help. Explain your position clearly and patiently, having a clear idea of how they can help.
• Keep copies of all communications in case originals are "misplaced).
• Government can operate very efficiently and also very inefficiently.
• Stay in control of your frustrations.
• Be prepared to stay with your project for a long time.