Statement to Representative Jim Jontz at the Public hearing for the Americans with Disabilities Act on October 6, 1989. Representative Jontz, Representative Owens, members of the Committee, ladies and gentlemen, my name is Ric Edwards. Opportunity to come to You to Present My views on the Proposed Americans with Disabilities Act. was fifteen I was involved in an automobile accident in 1970, when I (15) years old, which damaged My Spinal cord at Cervical six and seven. As a result, I use a wheelchair. Within a split second, I went from a Person who enjoys certain inalienable rights to one of over 37 million People who, it seems, Why do I say this? are not entitled to these freedoms. My I had just finished my second year at Culver Military Academy, and after an education at the Rehabilitation Institute of Chicago, I went back to my hometown of Spencer to complete High School. At Spencer, father was told that I would have to be bussed to a "special school" 20 miles away because the two level school had no elevator. Fortunately, My father, the school attorney, was able to clarify our Position on that and I went to Spencer. But how many are simply sent off to that unnecessarily "special" school? The ADA will provide the means for ending this type of discrimination. Article 1, Section 2 of the Bill of Rights says I have the natural right to worship Almighty God, but the church next door has no access for Persons in wheelchairs. The 26th Amendment to the Constitution gives me the right to vote, yet until last year my Polling Place was inaccessible. Indiana Code 4-28-19-24 Provides for the issuance of handicapped Parking Placards, yet what good is this when there are no handicapped Parking Spaces or they're filled abusers of these limited spaces? with The ADA is directed toward relieving these Problems. Opponents to this legislation argue that the language is vague and conflicting. A September 11, 1989 Wall Street Journal article states that the bill doesn't explain what "reasonable accommodation" entails. They might wish to invest in a dictionary but until they do, I would like to help them out... "Reasonable" means 'what is just, fair, sensible or wise.' For example, it is not "just" to require individuals to Pay, through taxes, for Public transportation that they are not allowed to use. It is not "sensible" to buy a Telecommunication its use. It is not Device for the Deaf and not train the operators in "wise" to Pay more for People to stay at home on SSI than to help those who are trying to work at a job. The ADA is, simply put, a 'reasonable' Piece of legislation. The same Wall Street Journal article asks if "society is really that hostile to the disabled" and "needs this sort of blunt coercion?" When a OB-Gyn advises my wife not to have children because I can't be an effective father from a wheelchair, I say "yes". When I try to tell a building owner (my dentist's office and my obtician's office) that the building's brick columns are being placed in the middle of the curb cuts and he says "too bad" I say "yes, society needs this sort of blunt coercion." The article goes on to Put forth the belief that "most Americans are instinctively sympathetic to the disabled's Problems." I'm not asking for sympathy. I'm asking for the opportunity to Participate in life with the same Protection of my civil rights that have been enjoyed by all other major minorities for 25 years. If, as the article infers, most are indeed willing to Put forth a good faith effort and that this legislation is not necessary, why is the grade in the tunnel from one North Capitol to our State House not even near standard? Why are the new drinking fountains in our State House erected out of reach of Persons in wheelchairs? Why were the curb cuts at the Indianapolis Airport filled in with concrete? All of these examples could have been avoided had anyone bothered to consult someone with a disability; and the cost, if any, would have been nominal. An article in last month's Indianapolis Business Will require in Journal quotes the National Federation of Independent Business saying that the ADA nearly every business in the nation to make costly alterations and Purchase special equipment..." This is simply not true. The Journal of American Insurance/First Quarter 1986, in an article "Hiring the Handicapped; Overcoming Physical and Psychological Barriers in The Job Market stated that "Most of the myths concerning the Problems of employing the handicapped originate as a result of (these) attitudinal barriers." "Study after study shows that the majority of employed disabled Persons received accommodations that cost employers much less than In fact the majority were the employer originally anticipated." under $100 for each Person. Because society is being assaulted with the fallacy that People with disabilities are less than able and that the cost to allow Us to Participate is, to quote the NFIB "beyond the reasonable bounds of common sense", the Americans with Disabilities Act IS necessary. is necessary to Provide US freedom discrimination. from It the bondage of It is, therefore, the reason why I am before you today; to urge you to encourage your Peers in the House to support this Act, as it is without further compromising amendments. Again, Thank you for the opportunity to speak. Mr. OWENS. Thank you. Mr. Myers. STATEMENT OF JEFF MYERS, FORMER POLICE OFFICER, INDIANAPOLIS Mr. MYERS. Mr. Chairman, Mr. Jontz, I would like to thank you for this opportunity and I would like to give you some of my personal situations, views, and what I have observed on public accommodations over the past several years. There are buildings what they call accessible and this ADA Bill will help them make really accessible. The guidelines, I think people need to be given to show them exactly what it takes to get in. I called a lot of places in advance to find out, you know, if it is accessible. I am told it is. And when you get there, you have got an eight inch curb that you cannot even get up to the building. I found a few places and ways to get up to these buildings and when I get there, there are ramps that I cannot even be pushed up even though I have a power wheelchair. There are numerous places that follow the same guidelines that go over and over and these places need some kind of a guideline. And I feel like the ADA Bill will cover these. There are numerous sports arenas in this city of ours that go at it at the same way. This is a big problem I have is, we are handicapped and it is like we are not expected to have family or friends and that is not the case anymore. Now, there are a lot of family members that go along with handicapped people. We have families now. And they allow you to have one person with you at most of these places and your family members and friends, they have to go somewhere else. I would just like to see the ADA Bill go through and get the road paved like the Civil Rights Act of '64. Thank you. [The prepared statement of Jeff Myers follows:] AMERICANS WITH DISABILITIES JEFF MYERS INDPLS, IN 10/6/89 1989 THE CIVIL RIGHTS ACT OF 1964 BLAZED A PATH AND SET PRCEDENCE FOR THE BLACK MINORITIES OF THIS COUNTRY. IT'S TIME FOR ANOTHER ACT TO BLAZE A PATH FOR ANOTHER MINORITY, PEOPLE WITH DISABILITIES! IT TOOK THE PEOPLE OF THIS COUNTRY TWO CENTURIES TO ALLOW BLACK THE STORES, RESTAURANTS, THEATRES, SPORTS FACILITIES AND OFFICES NEED TO BE ACCESSIBLE FOR ALL. IF THIS IS SO IT WILL ENABLE PERSONS WITH DISABILITIES TO WORK, TO SHOP, TO EAT OUT, TO WATCH SPORTING EVENTS AND IN RETURN TO SOCIETY THIS CLASS OF PEOPLE WILL BE SPENDING MONEY, PAYING INCOME TAXES, PAYING SALES AND EXISE TAXES AND OVERALL BE A PRODUCTIVE, SELF SUPPORTING MEMBER OF SOCIETY. I HAVE PUBLIC ACCOMODATIONS MUST BE ACCESSIBLE TO ALL PERSONS. I HAVE CALLED A VARIETY OF ESTABLISHMENTS WHERE I WAS PLANNING ON GOING AND THEY STATED THAT, "YES, WE ARE HANDICAPPED ACCESSIBLE." AND WHEN I ARRIVED I FOUND OUT THAT THEY WERE IN FACT NOT ACCESSIBLE. LEARNED THAT I WAS NOT BEING TRICKED OR LIED TO, IT'S THAT THE MAJORITY OF PEOPLE DON'T HAVE ANY IDEA OF WHAT NEEDS TO BE DONE TO BE "ACCESSIBLE". THERE NEEDS TO BE BUILDING GUIDELINES FOR CURB CUTS, DOORWAYS, RESTROOMS ETC. SO THAT THIS GAP IS FILLED WITH HELPFUL AND USEFUL AIDS FOR THE EVER INCREASING MINORITY OF PERSONS WITH DISABILITIES. |