Handicapped and disabled residents face obstacles in navigating trendy Tremont
by Jerleen Justus

(Plain Press, June 2010) Tremont has marked its place on the map with award winning bars, up-scale galleries, shops and fine dinning experiences. While some of the citified bistros offer enjoyable sidewalk cafe seating, those who are visually impaired, confined to wheelchairs, elderly or walking disabled are put at risk when forced to maneuver around tables, chairs, railings, garbage, trees and light poles obstructing the public right of ways.

COMMENTARY

While Cleveland City Officials see fit to hand out permits for what they consider "temporary outdoor seating," in the public right of ways, the American Disabilities Act (ADA) of 1990 deems paved sidewalks not only as pedestrian lanes but a place for children to walk, run, skate and play as well.

Permitted or non-permitted obstruction of public sidewalks makes passage more difficult or impossible for people pushing carts, strollers or older pedestrians suffering from vision and mobility impairments. The allowance of narrow sharp turns and paths is not sufficient for those who must rely on canes, walkers, scooters, wheelchairs or crutches.

Under their strategic plan for urban renewal, Tremont West Development Corp. (TWDC) representatives gasconade their achieved contributions by assisting business owners with the Storefront Renovations Loan/Rebate Program, administered by the City of Cleveland. These existing building aesthetic renovating programs serve as an incentive to bring commerce, trade and development into areas crippled from economic decline.

In January 1992, an amendment was added to the American Disabilities Act of 1990, stating that regardless of size, alterations and renovations of existing facilities must comply with ADA standards. The 1990 legislation is clear in defining that while new building construction maybe regulated by the city, existing buildings fall under the Federal Government.

The American Disabilities Act (ADA) of 1990 also states that handicap accessibility is a must in every state. This Federal Civil Rights Law prohibits the exclusion of people with disabilities from everyday activities. The law applies to both profit and non-profit "public accommodations" and covers anything from buying an item in a store, watching a movie to enjoying a meal at a local restaurant.

Anyone who owns, operates, leases or leases to a business open and serving the public falls under the ADA Civil Rights Law and has an obligation to provide convenient, easy and safe access for the disabled. The 1990 legislation is clear in stating that while new building construction maybe regulated by the city, existing buildings fall under the Federal Government.

Regardless of size, existing facilities are not exempt by "grandfather provisions" that are often used by building code officials. The ADA guidelines also stipulate required provisions for all other accommodations including steps, sidewalks and parking lots. The amendment considers such simple things as re-striping a parking lot or replacing doors as modifications and alterations.

Naturally, handicapped visitors and patrons seek out parking locations displaying the international blue and white handicap placard. Federal and State Law require that every parking lot must designate a specific number of reserved handicapped parking spaces with proper signage.

Although West 14th Street Grumpy's Cafe provides no Reserved Handicap parking, Dani Owad stated, "...I do agree with you on the fact that a lot of businesses in the area do not have accessibility and that in some instances that should change. We do have a handicap entrance though! Our parking lot is owned by St. George Church and we share it with Bac, Lava Lounge, Lincoln Park Pub and the church itself...."

While some businesses provide entrance and bathroom facilities that are wheelchair accessible the lack of handicap parking keeps the disabled at bay which not only effects revenues but gives Tremont business owners a bad wrap.

The American Disabilities Act guidelines were put in place to protect and provide equal status to handicapped residents. Omitting or mindfully disregarding these guidelines is discriminating against those who suffer from disabilities.

Small businesses are often provided tax credits that will cover the cost of making the necessary alterations for handicap accessibility. Discrimination against those with handicap disabilities is cause for Disability Discrimination Complaints to be filed with the U.S. Dept. of Justice, 950 Pennsylvania Avenue, NW, Civil Rights Division, Disability Rights, NYAVE, Washington, D.C. 20530 or a Civil Rights Action filed in Federal Court downtown Cleveland, Ohio.

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