Hey ADA, what the hey! Ramped Up Film Discussion

How can we make the Americans with Disabilities Act (ADA) work better for the people who need it most?
The clubhouse members sit down for a discussion about the short documentary, “Ramped Up” during our disability rights week. Join Jeff, Carrie, Rick, Alfredo, Jacob, and Emily as they explore their personal experiences with discrimination and lack of accessibility due to the shortcomings of the ADA. 

Watch “Ramped Up:”  https://www.newday.com/films/ramped-up

Transcript

Carrie: 0:00

So. Is there, and this is a question for anyone that knows the answer, is there something or some group at the federal level but that focuses on the everyday issues of how to make things are ADA compliant.

Jeff: 0:17

There is.

Moderator: 0:19

It's the DOJ Department of Justice. Okay. That's who enforces.

Carrie: 0:22

But are they doing that? Right. Okay. You know, I challenge you to find out and Let us know here at BIND, committee? The thebind.org. Who's on that committee? Who can I talk to?

Rick: 0:35

What about kennedy it's Health and Human services. Doesn't that cover part of,

Carrie: 0:41

I don't know. Why don't you get in touch him for me and let

Rick: 0:43

I guess I need huh? Yeah.

Bernard: 0:55

Opinions shared by the guests of the show are their own and do not necessarily represent the views of the hosts bindwaves or the Brain Injury Network. This podcast is for informational purposes only, and it's not a substitute for professional medical advice, the diagnosis or treatment. Always seek the advice of a healthcare provider with any questions you may have regarding a medical condition. Thank you.

Carrie: 1:22

Hi, I'm Carrie and my disability is I am somewhat paralyzed on the left side of my body do have issues If with stairs, ramp potentially and short tables. none of these high talk tables. So issues die on that hill.

Alfredo: 1:49

Hi, I'm Alfredo, and I've had 2 strokes

Emily: 2:14

name's Emily I'm The Unit coordinator here. So here supporting all elevating their voices So

Rick: 2:24

I am Rick and I'm have the good fortune, although have a brain injury for the most part, as far as getting up things, I'm able to do that. So I don't need Very many accommodations. when to the physical, getting in and out buildings and so forth. So I'm have a good fortune. But one of the things that I have learned being a part of this community is all the different kinds physical, um, disabilities you might would always up to the table. Something that I don't have a disability for having to reach down underneath the table. But

Carrie: 3:12

tall people problems.

Rick: 3:13

Yeah, tall people

Jeff: 3:15

things. Um, I'm Jeff. I had a astro, a tumor brain tumor years ago, years ago, And, Um, I can't test, I

Jacob: 3:55

Addie, Um, I'm Jacob. I'm an occupational therapy history of TBI

Moderator: 4:01

Alright, so My first question is, what was your initial reaction to the film

Carrie: 4:12

It was interesting. I mean, it was informative Yeah. Sorry, I'm looking at Jasmine. Well, you look at the camera, Trying think in parts of it, the was also disabled, but they never showed him or talked about, him. So i would've liked to have known that. I guess that's not important, But it kind of would've been

Alfredo: 4:47

the Mm-hmm.

Emily: 5:08

go because of the lack of accessibility of the Yeah. I wrote paper that. No complaints means maybe it's not the best route to take, but in know, you can't have people or businesses comply. Unless there is, litigation So, um, taking the best route at the moment because there's not up correctly

Carrie: 5:40

my opinion on accessibility me just tell you we're in 2025 and there has to be permits. So yeah, it falls, I think at the permit level is where it should start, that they're allowing people to build that establishment. that don't have accessibility don't have proper seating I know when I go to places like you know me, I like to, go out to watch the stars games, I have to find places that have low tables. I have found several burn have high tops. And when you question them about their accessibility seating, reason, they're excuses, we have, we have enough seating per the number Well, whatever that percentage is because we have a patio and out Well, you don't have TVs out cold, I'm not sitting on the picnic bench to watch So they're finding new the laws I mean, so I don't think that's, I think it starts at the permit level. Like when people are starting to build these establishments, they don't take into account handicapped spaces, handicap entrances, handicapped seating. That's my 2 cents for what it's worth.

Rick: 6:50

Okay,

Carrie: 6:51

go ahead.

Rick: 6:52

I didn't wanna cut you off. No,

Carrie: 6:53

go ahead.

Rick: 6:53

Well, you know, I used to be a city brain injury.

Carrie: 6:58

Okay. So I can blame you for everything.

Rick: 6:59

Yeah, you can for sure. Well, one of the things was the building planning codes would, would, they would look at the design certain things, and one of the things that planners usually handle to the building inspectors was the A DA compliance. A lot of times the building code Did include all the details of the a DA and, and, so as planners, you would have you know, count up the number of spaces and stuff on the building plans they had it up, theoretically to the building inspectors to actually compare that with actual plans and say, okay. And they might not be as knowledgeable cause we didn't go out in them very often. But obviously some of the inspectors were very so they would, that kind of thing. But w was, was left up to fudge if you wanted to. not that I would, but I made people like pull follow the. tree regulations, me.

Carrie: 8:08

I will say I did, don't know if. Emily or Jacob, picked up on this more than I did, but I mean, really the film was like, I'm on what I think where it should start, but that's not really what the film was about. It was just about how do you handle when you come across a place That is or isn't accessible. That was kind of and that. this guy, whoever is, just suing. I mean, when they say 40 or 60 in one year, lawsuits or 60 in one year? My question is, is he going to them first and asking, or is he just suing is he suing to get money for himself? Because at one point it sounded like money was just going to the lawyer of the guy that was suing, as opposed to, but maybe that's

Rick: 8:54

why, Yes. SU 60 people opposed

Carrie: 8:56

to, but I mean, I wanna know what is is the lawsuits were they to? I would think he would money to help. Establishment, pay for accessibility, I mean, I don't know. I didn't get, I mean, I wish I would've understood more lawsuits are set up and like how, how do you where you're out of business because they can't meet the requirements. said they thought, Um, that Lake Forest Cafe that really they it as an excuse. Mm-hmm. Well, I'm fine with that. If you wanna use that, blame us for your excuse that your business is failing and oh no. I have to make it a DA, so I just can't do Sure. Whatever. It's our fault.

Rick: 9:42

And that's where I kind of agree with Carrie. the place to take care of It's in the beginning. It's not now, it's one thing. If it does create a huge challenge. Sure. Because you don't, you have entrances That are retrofit and you'll see, and then you wanna put a ramp around the outside and it's very ugly To do that a lot of times or look nice.

Carrie: 10:08

Well, when they do

Rick: 10:08

that, it's hard because the be, it seems way to build it and minimize cost. all integrated into the design.

Carrie: 10:24

agree. I mean, it does seem like, like nowadays, you know, they have these, when they bill for the strip centers, I guess. Is that still what you call'em?

Jeff: 10:34

Mm-hmm.

Carrie: 10:35

you know, when they build out the parking lot, they build and they put, they make sure they have the proper amount of'em like in the middle. there may be four here and the handicap is in the middle, and that's for all four stores. So no, you can't go in I should have. you know, nilly Willie. right here. Right. I mean, then it gets down to the one offs where you seem

Emily: 11:10

I don't know. Yeah, I think it just, the theme of this I was like come up with a better system to not have it escalate to litigation, you know, so I'm not exactly sure what progress is being made on that And you know, I wrote down quotes like abusing the system from that lady who mm-hmm was, you that cafe was closing down. And it's a very strong right. You and, You know, continue their activities of daily living. because why would it make sense to have these who have every right to be in that building but can't get and I think who's doing it calling attention bad things that could happen Right. So

Moderator: 12:34

accessibility take lawsuit or the threat of a lawsuit in order to enforce requirements that have been since 1990. What, Why do you think people are reluctant maybe to make the necessary changes to comply with the law?

Carrie: 12:59

I just don't wanna spend the money.

Rick: 13:01

That's probably the biggest one.

Carrie: 13:02

yeah, and the, um, lady at donut shop owner lady, I herself, but it seemed like even said that, You know, there were some she was compliant and she wasn't sure. So I think one thing is too, really a hundred percent sure of the law and what they to be completely a DA accessible. So until they don't get it, you can go in And you can can shoo you away And that's when you then file a lawsuit. Then they go, you know, and some judge goes, well, you need to have X, Y, and Z, and you only have X. Oh, okay. You know, they'll believe authority over.

Jacob: 13:44

Sure.

Carrie: 13:45

one of us that kind of know what we're talking about.

Jacob: 13:49

I think it's definitely an accumulation of factors. I mean, if you think of like a fresh person just rent who just leased out a a DA or people who use adaptive tech. So they're just unaware. And so yeah, maybe the city planner comes in and they're like, way. make sure you have countertop stalls to these schematics. he goes, okay, I'll do exactly what you just said, and now I'm golden. have the real life interactions where somebody comes in and stall, I, I see a rail on the door, but I'm still struggling here. And then, corrected there? I think that's ultimately what the what the, short film was trying to get at. Like at what level can we appropriately intervene and yes, help these people. while not wrecking the while not wrecking the businesses? Just kind of like what Ms. Lee was the. At the hearing. Compromise.

Rick: 14:42

I found it interesting, the one guy who said, Hey, you know, there's this place, they don't have the right thing. but hey, I just ask. and they say, no bring it out to you, no problem. And to me, I think they should be allowed to do that. technically, is that someone who has a disability shouldn't have to depend You know, bringing know, lifting them up or doing something for sometimes, you know they, they would appreciate that?

Carrie: 15:19

Well, I think I mean, if you think about like I'm imagining that hot dog stand as a food truck and sure. For. a small stature Even if I wasn't disabled, I can barely see up to the counter of a food truck anyway, so I can't reach my food. So get mad. I'm not gonna go, not because I'm in a wheelchair up there. I'm gonna be appreciative that you food truck and deliver my food. I think you have can't, it's you know, like a standalone or hot dog fan. maybe. can't all be accessible. That's like Jeff, um, with drive throughs and he said that, I can't remember what shop, the one in the colony? No, the other one, um, that has a lower, down. he can ride his bike through and he's mm-hmm. He can get coffee. So I thought that was pretty cool. I didn't even know places did that, but that.

Rick: 16:32

bicycle sometimes. Because you're not legit, I don't think. Well,

Carrie: 16:36

that's a I'm just, I

Rick: 16:41

guess it's too, sorry. I

Carrie: 16:44

I could the drive. I can't, Right hand pay don't complain. I just park in my spot and then you know,

Moderator: 17:23

the a DA? fair to ask us as a, business to cover the cost? What if the cost of a lawsuit or to install the thing negatively impacted Network Organization?

Rick: 17:40

and then they had to close down. Mm-hmm.

Jeff: 17:43

My opinion would be very biased Yeah, you do so much for me already that, I overlook the fact you down the hallway. I don't care. here.

Carrie: 17:59

I will say this, but we have accessibility options where two, you can go the other way, we do have it is, it may not be the proper accessibility or establishment, but we ramp out in the front isn't, I mean, it's probably code but it's not as smooth as we would like it to be. but we have the, we to,

Rick: 18:27

But it's with the, law, right?

Carrie: 18:31

It may not be. it is. I'm And I'm not, I mean, I don't know if that's, that's the, brain injury building inspector, come and check out Brain responsibility either. I mean, that's the other thing is for it. my understanding inside our responsibility. outside

Jacob: 18:52

I think what Carrie saying is like the cobblestone might be out of code. Like I, I think it's appropriately. Um, Yes. Like the one, one inch per 12. I think it, it's fine there. The cobblestone might be out, but I think that Personally, I think that certainly fall on the What's the landlord? the overall environment right? Well, well, probably the

Rick: 19:15

cobblestone was, and then the ground heaved.

Carrie: 19:18

Right. That's what I'm saying. I mean, the

Rick: 19:20

water, so did it, it was.

Carrie: 19:22

We're not fixing the

Rick: 19:25

him come and like level it the,

Carrie: 19:31

but I mean, I do agree with Um, but if you're asking that question in relation to, for us as with disabled people things that are not ask other people to be compliant? yes. I think it's still fair for us to do that because every effort to make everything members that we have here. Everyone can get maneuver around the building. Everyone can fit at a table. Everyone can get in and out of accessible bathrooms. believe everything in here is accessible to an a little help needed, going to a. has the money and should have done it To begin with. Have accessibility to get in the building, if that, I mean,'cause that, was a lot in that didn't even have access to get some of the, most of the places they were gonna, what was or inside. So, but mind, yeah, I But yeah, we're nonprofit. We don't have the money, so we're compliant than most. that we go I mean, I've even fought American Airlines about their seating arrangements for handicapped people, they're said basically the same thing throughout the entire arena. Even though they're all on the lower floor, they have the accessibility. Mm-hmm. It may not be accessible on the third floor, But based on percentage what they have, to they're compliant. it, that's where of irritated. It's like, well, it seems like they should give you

Rick: 21:18

a sit

Carrie: 21:19

there. No, I'm not looking, saying that's where I the people that are like, well, we're compliant on. the numbers that we've been really being compliant and accessible to our population? does that make sense what I'm saying?

Rick: 21:38

Like good faith, like I really trying to get you into the

Carrie: 21:41

stadium?

Rick: 21:42

Right. you sit on the first floor, or it's just

Carrie: 21:45

There. I can't afford

Rick: 21:49

think they should read this. No, this, no,

Carrie: 21:50

You're The seats. in the arena for watching the game are, Oh, okay. That's not the problem. I'm not talking about like if I wanna eat. I have to go into a restaurant in the have that many available seats that are this size table. You know, again, they have can sit at maybe, or,

Jeff: 22:18

right.

Carrie: 22:18

But there's only like six or seven But if I wanna eat concessions. I have to. there's not really, so the

Rick: 22:26

concessions aren't really accessible. I mean, they're

Carrie: 22:28

accessible to get to, sit at my seat and eat, which I, Let's see. Me trying to eat With my food in my lap with one hand, and, oh wait, before the game starts, you know, I wanna sit down and eat, but this restaurant is full and doesn't have seats, I know what to do, but I'm saying in general,

Rick: 22:53

right, right. I'm not

Carrie: 22:54

coming down on American hundred. I'm just saying they're, they could do more if they wanted, but they're doing I guess that's what

Moderator: 23:23

Alright, last question. We'll wrap things up. What would you suggest as a solution to this issue? What would you like to be seen done on a federal the a DA enforceable without lawsuits?

Jacob: 23:41

I was thinking about it the whole time. Exactly. And I was think, like what, what would be the like most. Fair, opportune level to intervene. And I think maybe if we just Drop it down to like, just the, the code, Like somebody, like maybe you get a citation, you show that you'll to, to correct the rushing, whatever it is, like 60 To show you're hey, if, if you do that, then good. Put your money and get into, into getting that fixed that would be a really good middle ground.

Carrie: 24:18

Well, I still think it starts at the permit level. I mean, you shouldn't be able to build until. you have the basic a DA requirements met. I shouldn't be able to build I don't have a ramp to get in doors to fit through and proper seating. and theoretically you can't. They're not following

Rick: 24:37

that. You shouldn't pass building inspection unless you have that. But they I slipped through the cracks

Carrie: 24:42

I'm, that's where, I while it's being built then, But

Rick: 24:48

that's where it shouldn't be on the city. Then if they didn't check it, you should be able to sue the city. I, dunno. That's a good away and they put it on you But that's

Carrie: 24:55

What she's saying at a federal level, So if we tell them start here. So yeah, it city or it Whoever, I don't know should start, because owner's responsibility give you 60 but wasn't Built into code in the first place? Mr. City Planner, there things that are always gonna in though, Right. Right. to only apply take a really long time for it all to be, yeah. I'm not saying go if you go To places right now, if you go to the Dallas Stars like the Yeah, but that would that grandfathered But it's only It's not as old as the ada a law. I know. implement no, I agree. No, I agree. What they did in the past. Mm-hmm. point do we consider grandfather in, because the law was 35 years ago, so get grandfathering in things prior to the act, but they should have been building.

Rick: 26:11

usually what it is, Construction the improvements. Anything new obviously has to be compliant, but then if they do certain into compliance when they do a certain amount of improvement, I think is the way it works.

Moderator: 26:32

Alright, Final thoughts and wrap up.

Carrie: 26:34

Um,

Moderator: 26:35

go.

Carrie: 26:37

Okay. So. and this is a question for anyone that knows the answer, not necessarily at this table. Maybe someone who ends up watching this or Jasmine, when we get done talking. um, is there or some group at the federal level that is still that that's. Their focus is a DAI don't even know. that question. I mean, other than just the ADA a law, but like that focuses on the everyday how to are ADA compliant

Jeff: 27:09

people that, I'm handicap

Carrie: 27:16

federal, government Right. Okay. If you know I talk to? What

Rick: 27:36

about Kennedy? Health Services. Doesn't that cover part of, I dunno,

Carrie: 27:41

Why don't you get in touch with him for me and lemme

Moderator: 27:47

that's for like the, the physical part. Like if we're titles, like employment and stuff. Yeah. No, I'm

Carrie: 27:53

not. I'm just Yeah.

Moderator: 27:54

then it would be right. The

Carrie: 27:55

MO Employment commission Mobility. Yeah, I'm just talking about mobility access and That kind of stuff. Yeah.

Jacob: 28:04

My final hot take would be that the firefighter was doing nothing wrong 75,000.

Speaker: 28:34

We hope you've enjoyed listening to BIND Waves and continue to support Brain Injury Network in our nonprofit mission, we support brain injury survivors as they reconnect into life, the community, and the workplace. And we couldn't do that without great listeners like you. We appreciate each and every one of you. Please remember to click the like button, the share button, and the subscribe button on YouTube. And follow us on Instagram at BIND Waves and Brain Injury Network on Facebook. You can email us at BIND waves at the BIND dot org or go to our website BIND waves.org or call us at(972) 769-2463. Please continue watching. Until next time.