May
19
2012

WHEELCHAIRS DON’T FLOAT

Access To Swimming Pools Makes Waves

by Ben Mattlin

Those of you of a certain age will recognize this jingle excerpt:

“Well, the first thing you know, ol’ Jed’s a millionaire.
Kinfolk said, “Jed, move away from there!”
Said, “Californy is the place ya oughtta be.”
So they loaded up the truck and moved to Beverly…

Hills, that is. Swimmin’ pools.  Movie stars. …”

And it’s true, swimming pools are practically a staple in LA.  The few apartment buildings that don’t have one are definitely unpopular, low rent, or ancient.  No, not even ancient.

Which is why some recent trash-talking in the world of disability access seems especially appropriate to this LA blog.  As you may know, the Americans With Disabilities Act of 1990–yeah, that old thing–requires accessibility in all things, including public swimming pools.  It took about two decades, but the guidelines finally said that owners of public pools had to install lifts (or underwater ramps … I’m trying to imagine) by March 15 of this year.

Hotel and resort managers protested.  So the deadline was extended to this Monday–May 21, 2012.

Part of the complaint has to do with the degree of access.  Pool owners say they should be able to comply by purchasing portable lift equipment.  Something like a Hoyer Lift on wheels, which they could roll out as needed.  But the US Justice Department ruled that permanently affixed lifts, which are not really much more expensive, were required.

Not clear why, or exactly why the hoteliers are balking.  Something about the extra expense of installation and maintenance, and of course that there isn’t enough time to comply.  They’ve also said something about safety issues.  Small children might climb on the lifts and swing and fall to their doom.

So they’ve lobbied–the hotel and resort owners, that is, not the children–and gotten a bill before Congress to allow portable lifts instead and grant another 12 months to comply.  The clock is ticking, Capitol Hill!

(Yes, this is a national political story.  But as I said, pools are important in LA!)

For more on the LA angle, go to http://latimes.com/business/la-fi-hotel-pools-20120504,0,1230150.story

And for the full lyrics to the Beverly Hillbillies theme, check out http://www.lyricsondemand.com/tvthemes/beverlyhillbillieslyrics.html

Or see it here: http://www.youtube.com/watch?v=NwzaxUF0k18
***
LA-based journalist Ben Mattlin, who was born with SMA, is the author of MIRACLE BOY GROWS UP: How the Disability Rights Revolution Saved My Sanity, available now for pre-order from Amazon.com and BN.com–for more info, go to www.MiracleBoyGrowsUp.com

May
15
2012

Learning Disabilities R Us

by Ben Mattlin

A local-ish disability-awareness hero was in the news last week–Jonathan Mooney.

If you’ve never heard of him, don’t worry.  I hadn’t either.

Mooney is the author of “The Short Bus: A Journey Beyond Normal” and co-author of “Learning Outside the Lines,” two books about learning disabilities.

Last Friday he spoke at the Ability Awareness Day festivities at California State University, Northridge.  The school, which is known to be very accommodating of students with disabilities, hosted the event to “raise awareness.”  It was attended by more than 150 students from area high schools and other members of the community.

Mooney used himself as an example.  Because of his dyslexia–or rather, because of his school’s inability or unwillingness to accommodate it–he couldn’t read until he was 12 years old, about two years after his dyslexia was diagnosed..  In between, he was also diagnosed with attention deficit hyperactivity disorder.  By his own admission, he couldn’t sit still or keep his mouth shut.  Needless to say, he got in trouble a lot.

Nevertheless, he graduated with honors from Brown University with a degree in English literature.

That might sound pretty heroic.  But get this: the Centers for Disease Control alleges that 1 out of 7 kids in the US has been diagnosed with a learning disability.  (Who knows how many more go undiagnosed?)

So this isn’t an us-and-them thing or, really, a story about exceptionalism (despite that the Ability Awareness Day was co-hosted by a group called the Student Council for Exceptional Children).  It’s all very ordinary, simply a part of life.  Which, after all, is sort of the point.

“The idea that there’s only one way to be smart is wrong, and I had to move past that in my life,” said Mooney.

To learn more about his life story, visit http://www.jonathanmooney.com

To learn more about CSUN’s Ability Awareness Day, and what Mooney told the assembled masses there, go to http://sundial.csun.edu/2012/05/students-with-disabilities-visit-csun-for-ability-awareness-day/

***
LA-based journalist Ben Mattlin, who was born with SMA, is the author of MIRACLE BOY GROWS UP: How the Disability Rights Revolution Saved My Sanity, available now for pre-order from Amazon.com and BN.com–for more info, go to www.MiracleBoyGrowsUp.com

May
05
2012

A SORT OF MODERN-DAY ROBIN HOOD FOR DISABILITY RIGHTS?

By Ben Mattlin

Who is Scott Johnson? According to press reports, that’s a loaded question. Is he a hero or a villain? You decide.

What is clear and indisputable is this: Johnson is a quadriplegic attorney from Sacramento. He was in the paper recently because his lawsuit against Roseville Auto Center in Sacramento for violating access laws was dismissed. Some said that was justice; his lawsuit was frivolous. To others, his case was perfectly justified and sought to enforce compliance with a reasonable accommodation.

I haven’t verified the facts, but the newspapers say the car dealership’s office was up some steps. Rather than install a ramp or lift, the owner put an accessible table outside where customers with mobility impairments could roll up to sign necessary paperwork. I guess the weather is usually pretty nice there, so this seemed a reasonable accommodation.

The problem, to Johnson’s mind, was that the table was not always available. Sometimes it was kept inside and not brought out.

Well, the case was settled when the businessowner agreed to keep the table outside and in good repair. Now to me, that sounds hunky-dory.

But sometime over the past three or four years while this was going on–yes, justice is slow–the business owner, Brad Jordan, let it be known that he thought Johnson’s case was frivolous because Johnson had never actually even tried to be a customer. He simply sought to take advantage of a small business that had been cited once before for failing to have an accessible parking space, a problem since corrected.

Jordan is probably heartened by a bill currently before the state assembly that seeks to defend small businesses from frivolous ADA lawsuits. It would allow them to correct violations before any suit is filed. Presumably there would be some kind of warning system, I guess.

Jordan’s attorney Michael Welch told the press that Johnson was a “legal extortionist,” comparing him to a “stray cat at your back door” who will keep coming back for more.

But Johnson claims that he did provide Jordan with notice before filing charges, adding that it shouldn’t be necessary since equal access has “been the law for over 20 years.”

Here’s the part that really makes him a hero to me: Maybe he is a serial suer, since he’s reportedly filed several thousand lawsuits over the past nine years. Yet apparently his suits are so successful he’s not only made California a more accessible place but he’s reportedly netted in excess of $2 million annually in statutory penalties!

Way to go, Scott!

For another view of this story, go to http://rosevillept.com/detail/206876.html
***
LA-based journalist Ben Mattlin, who was born with SMA, is the author of MIRACLE BOY GROWS UP: How the Disability Rights Revolution Saved My Sanity, available now for pre-order from Amazon.com and BN.com–for more info, go to www.MiracleBoyGrowsUp.com

Apr
30
2012

A VICTORY (AND $2.1 MILLION) FOR THE DISABILITY RIGHTS ADVOCATES!

by Ben Mattlin

If you’re in LA and have a disability and there’s a big earthquake–or tsunami or fire or riot, etc.–fear not. The official preparedness squads have got you covered. Sort of.

Or at least they’re supposed to, according to a lawsuit that ended victoriously (for our side, that is) last Wednesday, April 25.

It all started three years ago, when Audrey Harthorn, identified only as a wheelchair user from the San Fernando Valley, joined with a nonprofit advocacy organization called Communities Actively Living Independent and Free (or CALIF–get it?) to sue the City of Angels for not including people with disabilities in its disaster plans, which is a violation of access laws.

Last November, a federal judge sided with the plaintiffs and ordered the city to hire experts to draft a proposal to make emergency services fully accessible within the next three years. The city must begin immediately and provide biannual progress reports. Hooray!

But last week, the 10-member City Council voted unanimously to pay a $2.1 million fine to the Disability Rights Advocates, a Berkeley-based legal rep and advocacy group, primarily for legal fees.

DRA takes cases from around the country. (In fact, similar cases about emergency preparedness are underway against New York City and Oakland.) So if you have an accessibility claim or other disability-rights violation to pursue in the courts, you should consider contacting this group.

For more information about DRA, visit www.dralegal.org/

For more about the recent case in LA, here are some sources:

latimesblogs.latimes.com/lanow/2012/04/la-to-pay-21-million-in-legal-fees-to-disability-group-.html

www.scpr.org/news/2012/04/25/32181/la-city-council-agrees-21m-settlement-disability-l/

www.sacbee.com/2012/04/25/4443401/la-approves-21m-payment-to-disability.html
***
LA-based journalist Ben Mattlin, who was born with SMA, is the author of MIRACLE BOY GROWS UP: How the Disability Rights Revolution Saved My Sanity, available now for pre-order from Amazon.com and BN.com–for more info, go to www.MiracleBoyGrowsUp.com

Apr
23
2012

INDEPENDENT LIVING CENTER NEEDS CPR!

By Ben Mattlin

California was the birthplace of the Independent Living movement–but not LA. No, that claim to fame belongs to Berkeley, nearly 400 miles to the Northwest.

Yet the LA area has had a host of ILCs (that’s Independent Living Centers, doncha know?)–one for the West Side, one for Downtown, another for the San Fernando Valley, and so forth.

But sadly, the ILC for East LA and the San Gabriel Valley just couldn’t make a go of it. So last week, the California State Independent Living Council and the Department of Rehabilitation held a forum at the San Gabriel Hilton to invite public comments about establishing a new center for that area.

What happened to cause the old ILC’s demise? I don’t want to spread tales. Anyone wanna volunteer be the scapegoat?

According to the State Independent Living Council, it was a matter of funding. First it lost its federal grants, in late February; this made it ineligible for state funding as well. State cash ended on March 8.

To get a sense of how bad this shortfall is, consider how many towns it served: Alhambra, Altadena, Arcadia, Boyle Heights, City of Commerce, City Terrace, Cypress Park, Eagle Rock, East Los Angeles, El Monte, El Sereno, Highland Park, Monrovia, Montebello, Montecito Heights, Monterey Hills, Monterey Park, Mt. Washington, Pasadena, Rosemead, San Gabriel, San Marino, Sierra Madre, South Pasadena, and Temple City.

But there is hope of making a new, replacement ILC. Those who live in the affected areas who missed the meeting last week can still express an opinion via the following resources:

Online survey in English: http://www.surveymonkey.com/s/YVW7R9V

Online survey in Spanish: http://www.surveymonkey.com/s/TBGYZB8

E-mail Liz Padral, executive director of the State Independent Living Council: liz@calsilc.org

Or call to have a survey snail-mailed to you: 866-866-7452 (TTY 916-445-5627) and ask for Caroline.

For more information, visit the State Council’s Web site at www.calsilc.org
***
LA-based journalist Ben Mattlin, who was born with SMA, is the author of MIRACLE BOY GROWS UP: How the Disability Rights Revolution Saved My Sanity, available now for pre-order from Amazon.com and BN.com–for more info, go to www.MiracleBoyGrowsUp.com

Apr
15
2012

LA LIFE:

Dancing Veterans, a Righteous Mayor Defends the Disabled Against Ex-Cons, and Physically Challenging the Non-Physically Challenged

by Ben Mattlin

Various news items that might have slipped through the cracks–they certainly did for me (and after reading this, you’ll probably wish they’d stayed lost):

Last week, the national president of Paralyzed Veterans of America–a.k.a. Bill Lawson–announced that he’s coming to LA to “bust some moves” with Ellen DeGeneres. If you don’t believe me, there’s a video at www.pva.org/vetdaresellen

The motivation for this is to focus public attention on the issues facing disabled veterans and their families. In case you didn’t know, many of these national heroes are suffering from not getting on Ellen’s top-rated TV talkshow! No, wait.

Here’s Lawson’s explanation, in the press release: “More people need to know that there are no barriers on the dance floor, nor should there be in life, for people with disabilities and those of us who use a wheelchair every day.”

For the full story, click on over to www.sys-con.com/node/2241194

At the same time, another organization has a markedly different approach to spreading awareness and raising consciousness and all that good stuff. It’s the “Wheelchair for a Day” challenge from NextStep (I guess “step” is supposed to be sort of ironic), a non-profit that’s dedicated to enhancing the lives of people with paralysis and other physical disabilities.

Yes, nondisabled folks will be challenged (physically challenged?) to take a load off and ride around on wheels for a day, documenting the experience on video. Celebrity participants have yet to be announced. The campaign is scheduled for next month and, if all goes well, will be repeated annually.

Maybe I’m just being snide, but do you think this kind of thing is a good idea? I mean, yes, it may engender empathy. Or sympathy. But does having a celebrity or other gung-ho volunteer cruise around in an Invacare or Quickie for a day REALLY simulate having a disability? That’s an honest question. I’d be interested to hear your answers.

NextStep, part of the Christopher and Dana Reeve Foundation’s NeuroRecovery Network, has a rehab/physical fitness facility in Los Angeles. The full press release can be found here: www.prnewswire.com/news-releases/nextstep-presents-wheelchair-for-a-day-2012-challenge-144408205.html

Finally, in the city of Lancaster–about 70 miles northeast of Los Angeles–the mayor is defending people with disabilities against ex-cons. Really.

Mayor R. Rex Parris publicly criticized his town’s board of supervisors for voting to allow parolees and those out on probation to be eligible for subsidized housing under Section 8. He felt it was wrong to have these people potentially displace people with disabilities and senior citizens who need and deserve these residential units.

Obviously, Mayor Parris is more afraid of people like us than he is of felons. (For more, go to losangeles.cbslocal.com/2012/04/09/war-over-section-8-lancaster-mayor-blasts-vote-to-expand-benefits-to-parolees/)
***
LA-based journalist Ben Mattlin, who was born with SMA, is the author of MIRACLE BOY GROWS UP: How the Disability Rights Revolution Saved My Sanity, available now for pre-order from Amazon and Barnes & Noble. www.MiracleBoyGrowsUp.com

Apr
09
2012

JAVA JITTERS

by Ben Mattlin

Last week I bought 3 pounds of coffee–and ran into what I can only call unlegislatible access barriers.

The scene: The popular Coffee Bean & Tea Leaf store on the corner of S. Barrington Ave. and San Vicente Blvd., in Brentwood. It’s catercorner to an equally popular Starbucks, but my wife and I seem to prefer this establishment’s beans. Maybe we’re just contrarians, nonconformists.

Anyway, my attendant had parked my minivan in the lot around back. My two kids were with me; they were on spring break, and I had just picked them up from the dentist’s. We exited the van and headed out along an uneven sidewalk to the Coffee Bean’s wide entryway, up the gentlest of slopes. So far so good.

But then, inside: a wall of people. And babies in strollers. And a tsunami of noise!

Coffee grinders are thunderously loud machines. Plus, I guess, there’s music. And babies wailing and moms and nannies talking–all perfectly fair and appropriate, but it added up. The combined sound felt thick and overpowering. At least to me. I don’t have a very loud voice. I lack the pipes, the diaphragm muscles, to project my words forcefully.

Still, I approached the counter. (What else could I do?) Again, lots of people there but I waited my turn and did my share of shoving. Finally I was at the front, ready to order. But the counter was high, suitable for standing people, while I’m in my wheelchair.

Now, farther along the counter I thought I saw a lower section. But could I even get to it, through the crowd?  Then I caught a clerk’s eye. I mouthed my order – “one pound Mocha Java, one pound French Roast decaf, and one…” Yet I couldn’t even hear myself!

The clerk leaned over the counter in a vain attempt to hear me better, but it was a deep counter and (as I said) rather high. So he couldn’t lean over far enough to get his ears close enough to my mouth. I started to move toward the lower end of the counter, wondering if perhaps the clerk would come around to my side. All seemed lost, but then my tall and full-voiced daughter was beside me. “Paula,” I said, “you be my voice.”

“What?” she answered. “I can’t hear you.”

I started to laugh, but there’s a rhythm to this place, a tidal force of coffee ordering and drinking, so I couldn’t digress. Paula bent closer and managed to make out what I was trying to say. Which she repeated to the clerk. It was a little like playing a child’s game of telephone, but the words came out close enough.

Then, however, my shopping list suddenly seemed impossibly complicated. The store was out of the decaf, so it was necessary to discuss substitutions. I found myself getting a bit frantic. I mean, this was supposed to be a place you came to relax and sip a warm brew. Why couldn’t I fit that vibe?

Only later did an answer take shape in my mind: I couldn’t fit in because I literally didn’t fit in. My wheelchair can turn on a dime, but in this crowded joint I could barely budge without crashing into a small table and chairs, not to mention other patrons, baby strollers, etc. And I couldn’t effectively access the clerk, so I couldn’t easily conduct business.

But are these really matters of access? I’m not aware of any access regs about decibels. There are about the width of aisles in stores, but I’m not really sure this was a violation. It’s just crowded and noisy. Perhaps I could argue that the counter really was too high, but there was a low portion so, no, I don’t think there would be grounds for a lawsuit.

Still, it would have been nice if the admittedly harried clerk had thought to come out from behind the high counter to take my order face-to-face.

For many of us with extensive and/or multiple disabilities, there are often surprising, frustrating obstacles that are completely legal and even almost understandable, forgivable. It’s like experiencing unusually heavy traffic, I suppose–a fairly minor and unavoidable irritation that becomes monumentally upsetting. Perhaps especially because there is nothing you can do about it.

Have you ever encountered an obstacle that just seems totally unresolvable? What was it, and what (if anything) did you do about it or to cope with it? I would like to know.
***
LA-based journalist Ben Mattlin, who was born with SMA, is the author of MIRACLE BOY GROWS UP: How the Disability Rights Revolution Saved My Sanity, available now for pre-order from Amazon and Barnes & Noble. www.MiracleBoyGrowsUp.com

Apr
01
2012

40,000 OF MY FAVORITE THINGS, ALL IN ONE PLACE!

by Ben Mattlin

One of my favorite places in LA–indeed, one of the more convincing arguments for not moving away–is Vidiots, in Santa Monica.

Name any old movie or movie star, old TV show or indie cult classic, foreign-language cinema or obscure director/screenwriter–and chances are Vidiots has it for rent or sale. This funky little store, which opened its doors in 1985, claims to have more than 40,000 titles available.

(Lately, I’ve been making a game of it: Can I stump Vidiots? My successes are few and far between.)

A cramped-full, darkened storefront, it’s not exactly a model of accessibility. The aisles are narrow and the shelves run both too high and too low for my sightlines. Still, the place IS ramped, and most of the shelves are on wheels … so I can easily shove a rack to one side to make more room where I need it.

But best of all is the attentive, knowledgeable staff. To me, this is the ideal kind of accessibility! In our streamlined, do-it-yourself society, nothing beats good old-fashioned customer service. I can go in this place and present a list of DVDs I’m interested in, and the friendly clerk will promptly retrieve them all.

True, this doesn’t make for good spontaneous browsing. Yet on the other hand, the entire catalog is online, and I can pretty easily browse on my home computer before coming in–which is how I make a list to present the clerk upon my arrival. I could even phone it in and have my movies waiting for me, but usually I’m more than happy to spend a few extra minutes in this place, soaking up the cinema vibe.

To be sure, times are not good for video stores. But until Netflix greatly expands its collection of classic and obscure titles, I’m sticking with my beloved store. I only hope it’ll stay around.

Indeed, as Vidiots struggles to keep in business, it converted a section of the store into a sort of screening room and meeting facility where it holds film classes and open-mike storytelling evenings. And with a ramped entry and wide doorway, this new space is definitely wheelchair-friendly.

Now, I don’t know how the place would be for someone who is vision- or hearing-impaired, but for those of us with mobility enhancements … and a passion for Fritz Lang suspense thrillers, early animation shorts, Cary Grant screwball comedies, and on and on, well, Vidiots is your place.

Vidiots
302 Pico Blvd. (between 3rd and 4th Sts, just three blocks from the beach!)
Santa Monica, CA 90405
310-392-8508
http://www.MiracleBoyGrowsUp.com
***
LA-based journalist Ben Mattlin, who was born with SMA, is the author of MIRACLE BOY GROWS UP: How the Disability Rights Revolution Saved My Sanity, available now for pre-order from Amazon and Barnes & Noble. www.MiracleBoyGrowsUp.com

Mar
25
2012

WEEDING OUT THE RIFF-RAFF: LA’s Pot Industry Gets Organized

by Ben Mattlin

This isn’t exactly a disability story, but it is very much a Los Angeles story.

It concerns marijuana. The weed has been legal in California for the past few years, as long as it’s used for “medical” purposes.

Now, many people with various kinds of disabilities do say that marijuana helps ease some of the more troubling symptoms. The LA Times recently quoted a man from Long Beach (about a half-hour South of downtown LA) who has Tourette’s, for example, as claiming that pot “helped tamp down the tics he suffered.”

What’s become clear this week is, this man is one of a growing number of “master” cannabis growers. As the weed has come out of the shadows, a mini industry has developed around it. And apparently consumers are becoming more particular, demanding high-quality stuff instead of just taking what they can get.

The commonly drawn analogy is to fine wine. “Pot connoisseurs can talk about the complexity of cannabis…,” said the Times. “They detect sweet flavors, and musky ones, and hints of berries, sandalwood, citrus, mint, pine and almond…”

But just as pot growers are trying to professionalize their standards and business practices, the dispensary workers are trying to unionize! “Workers at more than a dozen Los Angeles pot shops have formed a labor union in part to help ward off a proposed citywide ban on dispensaries,” the Times reported earlier this week, in a separate article.

Yes, the city is trying to weed out the unsavory weed stores. If it’s legitimately medical, that’s one thing. But if it’s one of those joints (pun intended) that’s represented by a scruffy dude on the Venice boardwalk who goes around in a white lab coat carrying a sign that says “the doctor is in,” well, that may be another thing entirely.

Is this the future of the reefer? Are we going to institute a hierarchy for different types of potheads? And perhaps more importantly, is pot still fun if it’s become so mainstream, so businessy and bureaucratic?

Of course, fun pot is still illegal, right? It’s only medical marijuana that’s allowed. That is, no-fun marijuana. Perhaps the state ought to issue marijuana placards like it issues disabled parking placards. You’d have to prove a need and get a doctor’s prescription to be awarded a pot placard.

If you think the sought-after parking placards make having a disability a cool and desirable thing, just think what a pot placard could do for us!
***
LA-based journalist Ben Mattlin, who was born with SMA, is the author of MIRACLE BOY GROWS UP: How the Disability Rights Revolution Saved My Sanity, available for pre-order now from Amazon and Barnes & Noble.  www.miracleboygrowsup.com

Mar
19
2012

“HANDICAPPING” A RACE

by Ben Mattlin

On Sunday, the day after a torrential downpour, the boulevards of Los Angeles were clogged … with foot traffic. It was the 27th annual LA Marathon.

But it wasn’t all foot traffic that was causing the street closures. You see, along with the news of the record-breaking Ethiopian-born woman Fatuma Sado, 20, finishing first–aided by the women’s division’s head start–were the equally noteworthy accomplishments of the racers in wheelchairs.

In LA, the wheelchair marathoners compete alongside their bipedal-powered counterparts. And to anyone paying attention, perhaps it was no surprise who this year’s winners-on-wheels were:

For the third consecutive time (I almost said “the third year running”), Krige Schabat won the man’s wheelchair competition. And for the third time since 2006, Shirley Reilly took honors in the women’s wheelchair division.

Schabat, 48, is a South Africa-born man who currently lives in Cedartown, Georgia. But Reilly, 27, is a local hero. Sort of. She actually hails from Anchorage, Alaska, where she was born three weeks premature. Paralyzed from the waist down her whole life, she graduated from high school in Los Gatos, California, which is about 350 miles from here, and attended college at the University of Arizona.

According to press reports, as a girl she dreamed of competing in the Paralympic Games. That dream came true in 2004 and again in 2008.

So now she’s set sights on working for the US government. Does anyone doubt she won’t achieve that goal, too?

After finishing the LA course in one hour, 41 minutes, and 14 seconds–less than two minutes behind Schabat and nearly 32 minutes ahead of first-place men-on-foot winner Simon Njoroge, 31, of Kenya (the wheelchair racers always beat the runners)–Reilly says her next stop is next month’s Boston Marathon.
***
Ben Mattlin, a Los Angeles-based journalist born with SMA, is the author of MIRACLE BOY GROWS UP, to be published in August and available for pre-order now.
visit www.BenMattlin.com
and www.MiracleBoyGrowsUp.com

Older posts «