Businesses Need Better Disabled Accommodations

BALTIMORE -- After tonight, chances are you will view public accommodations with a different eye.

WBAL-TV 11 News has been investigating accessibility for the disabled and what we found is, in most cases, the disabled are out of luck.

WBAL-TV 11 News reporter Deborah Weiner has the story.

In the year 2003, entering a restaurant through the front door is something many people take for granted. But what if this were the only route available -- through the back door and the kitchen.

"I asked the hostess where is the entrance and she said, yeah that was it," said Patricia Mack-Preston.

Weiner asked, "In the back?

"In the back," Patricia replied.

For years, CJ's Restaurant in Owings Mills was a favorite for Mack-Preston and her grandmother. And when Pauline Mack turned 89, she chose to celebrate there.

Video

Grandmother Can't Get In Front Door Of Restaurant

But this birthday found her in a wheelchair and the front door of the restaurant did not have a ramp.

"We wasn't happy about going in the back way," said Pauline Mack.

"We refused to go in the back at all," said Patricia. "Because at 89 years old, she's been through the back door many times when she didn't have a choice. I told my mom, these days are over. We'll just have her walk up the steps. It might be a little difficult for her, but she'll keep her pride and dignity and that's what we did."

Weiner said 11 years after the Americans With Disabilities Act took effect, backdoor access for the disabled is not uncommon. But as a federal law, modeled after the Civil Rights Act of 1964, the goal of the ADA was and is integration, inclusion and equal opportunity.

"If you were to substitute the word race for disability, you would see the indignity of being told 'We're accessible, but you have to come through the kitchen'," said public interest lawyer Beth Pepper.

In fact, the Maryland Human Relations Commission -- which investigates accessibility compliance -- tells us, '"the back door is not acceptable" if there is a reasonable alternative.

"The law and the spirit of the law has permeated society," said Ellen Weber from the University of Maryland Law School. "But I think there are still some major barriers that exist. You can just walk down the street and you will observe enumerable buildings that simply aren't accessible."

We took that walk with consultant Bob Ardinger. "if you can't get in, the restaurant's not accessible," Ardinger said. "It's as simple as that."

Once the director of disability compliance for the federal housing department, Ardinger now helps businesses become accessible. "I would say in Baltimore, you probably have a 25 percent compliance rate."

According to the ADA, physical barriers in public accommodations built before the law must be removed when it's "readily achievable."

"Readily achievable means with little expense and little hardship to the business owner," said Ardinger.

The rub is each case is assessed individually and the law is enforced only if someone complains.

"I think businesses think they can get away with it," said Pepper.

In CJ's case, the owner says he did not know this route for the disabled was a problem while he declined an on-camera interview. He referred us to accessibility activist Marilyn Phillips.

She volunteered to help CJ's become accessible as soon as possible.

"They're absolutely stunned that they weren't doing the right thing all along," said Phillips. "They really want to do it."

CJ's told us they can't afford not to fix their restaurant.

When the changes are made, Pauline Mack says she will return. "Make a door so people can come in the front way," she said.

Because advocates argue able-bodied people today could tomorrow need the kind of accommodations, they never could imagine.

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