[Ohio-talk] Deborah Kendrick Column Please read

[David Andrews]

When requesting an accommodation, the request 
from the disabled person is supposed to carry the 
most weight, but the covered entity is not 
obligated to do it, just because you ask.  She 
could suggest another accommodation, and if you 
don't agree, I guess none would be provided at that point.

Dave

At 07:18 AM 10/8/2015, you wrote:
>That’s interesting. I have never heard of that 
>provision. It seems unlikely to me, but what do 
>I know. Barbara Barbara Pierce President Emerita 
>National Federation of the Blind of Ohio 
>Barbara.pierce9366 at gmail.com 440-774-8077 The 
>National Federation of the Blind knows that 
>blindness is not the characteristic that defines 
>you or your future. Every day we raise the 
>expectations of blind people, because low 
>expectations create obstacles between blind 
>people and our dreams. You can live the life you 
>zwant; blindness is not what holds you back. > 
>On Oct 7, 2015, at 4:05 PM, Cheryl Fischer via 
>Ohio-talk <ohio-talk at nfbnet.org> wrote: > > 
>Barbara, > > From what you write below, we do 
>have the right to refuse an accommodation, which 
>is important and applies to the situation where 
>we are ordered to sit in a wheelchair, but that 
>leaves the question of whether the entity we are 
>asking accommodation from (airline or airport) 
>is then required to provide us a different 
>accommodation of our choosing. > > I believe 
>that there is another part of the ADA which says 
>that the person with a disability has the right 
>to provide input concerning what accommodation 
>they need or prefer and that their preferred 
>accommodation should be implemented unless it 
>can be shown to be an undue burden. > If I am 
>also right about this second point, then putting 
>the two together, we should be able to address 
>this issue successfully. > > Cheryl > > > 
>-----Original Message----- > From: Ohio-talk 
>[mailto:ohio-talk-bounces at nfbnet.org] On Behalf 
>Of barbara.pierce9366--- via Ohio-talk > Sent: 
>Wednesday, October 07, 2015 8:12 AM > To: NFB of 
>Ohio Announcement and Discussion List > Cc: 
>barbara.pierce9366 at gmail.com > Subject: Re: 
>[Ohio-talk] Deborah Kendrick Column Please 
>read > > We were the hold-outs in the passage of 
>the ADA, insisting that a section appear in 
>Title II, I think, that says that a person has 
>the right to refuse any accommodation at any 
>time. We were thinking of being forced into ADA 
>rooms at a hotel or being forced to sit in the 
>handicapped seats at the front of the bus. Jim 
>Gashel can quote the language of the section, 
>and I used to know the citation, but I have 
>forgotten it. I know we can find it if 
>necessary. > > Barbara > Barbara Pierce > 
>President Emerita > National Federation of the 
>Blind of Ohio Barbara.pierce9366 at gmail.com > 
>440-774-8077 > The National Federation of the 
>Blind knows that blindness is not the 
>characteristic that defines you or your future. 
>Every day we raise the expectations of blind 
>people, because low expectations create 
>obstacles between blind people and our dreams. 
>You can live the life you zwant; blindness is 
>not what holds you back. > >> On Oct 6, 2015, at 
>6:07 PM, Deborah Kendrick via Ohio-talk 
><ohio-talk at nfbnet.org> wrote: >> >> Cheryl, >> 
>This is fabulous -- your effort to get it and 
>your reminiscing, too.  >> FYI, I got a call 
>from Disability Right a little while ago, saying 
>they'd seen my column and wondered if I'd like 
>their help. >> "Well," I told them, "I do want 
>to sue anyone.  I just want to educate.  But, if 
>you can find somewhere in the ADA or other 
>disability law that people have the right to 
>choose their own accommodations, I'd be grateful 
>to have it." >> She said to give them 3-5 days, 
>which kind of stinks, but now that I know you 
>called national center, I'm betting we'll get 
>the info sooner! >> >> Thanks much and I'll stay 
>most tuned. >> >> Deborah >> >> -----Original 
>Message----- >> From: Ohio-talk 
>[mailto:ohio-talk-bounces at nfbnet.org] On Behalf 
>Of >> Cheryl Fischer via Ohio-talk >> Sent: 
>Tuesday, October 06, 2015 5:03 PM >> To: 'NFB of 
>Ohio Announcement and Discussion List' >> Cc: 
>Cheryl Fischer >> Subject: Re: [Ohio-talk] 
>Deborah Kendrick Column Please read >> >> 
>Deborah, >> >> I've got a call in to an Anna 
>Kresmar at the Jernigan Institute to try to find 
>this block of text. Now I'm uncertain if it is 
>in the language of the law itself or if it might 
>be in a supporting document explaining how the 
>law was to be implemented. In any case, I 
>remember that 25 years ago, the NFB would not 
>sign on as an organization in support of the 
>Americans with Disabilities Act until and unless 
>such language was added. >> >> When the ADA was 
>not passed yet, the NFB was getting criticized 
>for it's opposition to the ADA being passed 
>without this language. People feared that 
>without the NFB's support, the Act might not be 
>passed at all. I believe that the language the 
>NFB wanted was finally added, and so the NFB did 
>sign on. >> >> I bet there are others of us who 
>remember this? >> >> Cheryl >> >> >> >> 
>-----Original Message----- >> From: Ohio-talk 
>[mailto:ohio-talk-bounces at nfbnet.org] On Behalf 
>Of >> Deborah Kendrick via Ohio-talk >> Sent: 
>Tuesday, October 06, 2015 3:42 PM >> To: 'NFB of 
>Ohio Announcement and Discussion List' >> Cc: 
>Deborah Kendrick >> Subject: Re: [Ohio-talk] 
>Deborah Kendrick Column Please read >> >> 
>Cheryl, >> If you could locate that block of 
>text, I would be inclined to send it to the 
>offending airline along with my column. >> I 
>didn't name them because I was already over 
>allotted length and to name the bad guy would 
>have led to naming the goodguys, too, and there 
>just wasn't room.  But it has occurred to me 
>that I should figure out how to get this info to 
>the folks who might do something about it. >> 
>And Marianne, do please tell us the Philadelphia 
>story!  Reading your last comment has me on the 
>edge of my proverbial seat! >> >> 
>Deborah >> >> >> -----Original Message----- >> 
>From: Ohio-talk 
>[mailto:ohio-talk-bounces at nfbnet.org] On Behalf 
>Of >> Cheryl Fischer via Ohio-talk >> Sent: 
>Tuesday, October 06, 2015 3:09 PM >> To: 'NFB of 
>Ohio Announcement and Discussion List' >> Cc: 
>Cheryl Fischer >> Subject: Re: [Ohio-talk] 
>Deborah Kendrick Column Please read >> >> What 
>about the line(s) in the ADA that say that a 
>person with a disability should have say in what 
>accommodation they receive, if any, and that no 
>accommodation that the person with the 
>disability says is inappropriate for them may be 
>forced upon them?  I wonder if a page or so of 
>the ADA with this part highlighted might help, 
>if not at the moment we are treated wrongly, 
>then afterward if we make a public issue of the 
>incident and/or the ongoing problem. >> >> 
>-----Original Message----- >> From: Ohio-talk 
>[mailto:ohio-talk-bounces at nfbnet.org] On Behalf 
>Of >> Marianne Denning via Ohio-talk >> Sent: 
>Tuesday, October 06, 2015 12:14 PM >> To: NFB of 
>Ohio Announcement and Discussion List >> Cc: 
>Marianne Denning >> Subject: Re: [Ohio-talk] 
>Deborah Kendrick Column Please read >> >> You 
>are so right about that Barbara.  I don't think 
>the Philadelphia >> airport will ever let me 
>back in again because of the reputation I >> 
>earned on my last trip through 
>there.  (smile) >> >> On 10/6/15, 
>barbara.pierce9366--- via Ohio-talk 
><ohio-talk at nfbnet.org> wrote: >>> This is a home 
>run. I love the way you capture the exhaustion 
>and >>> desperation. These things never seem to 
>happen when we are fresh and >>> 
>patient. >>> >>> Barbara >>> Barbara Pierce >>> 
>President Emerita >>> National Federation of the 
>Blind of Ohio Barbara.pierce9366 at gmail.com >>> 
>440-774-8077 >>> The National Federation of the 
>Blind knows that blindness is not the >>> 
>characteristic that defines you or your future. 
>Every day we raise >>> the expectations of blind 
>people, because low expectations create >>> 
>obstacles between blind people and our dreams. 
>You can live the life >>> you zwant; blindness 
>is not what holds you back. >>> >>>> On Oct 5, 
>2015, at 10:26 PM, Marianne Denning via 
>Ohio-talk >>>> <ohio-talk at nfbnet.org> 
>wrote: >>>> >>>> This is excellent and so 
>true.  Next step, what can we do about 
>this? >>>> I have had the same thing happen on 
>many occasions. >>>> >>>> On 10/5/15, Eric Duffy 
>via Ohio-talk <ohio-talk at nfbnet.org> 
>wrote: >>>>> This is a good read. The problem 
>Deborah describes continues to be >>>>> a 
>problem for many of us. Spread the word. Let 
>people know that >>>>> Deborah’s 
>experience >>>>> is not an    isolated incident. 
>. >>>>> >>>>> Eric >>>>> >>>>> Deborah Kendrick 
>commentary: Airports can mean humiliation for 
>some >>>>> travelers. A recent midnight flight 
>from San Francisco to >>>>> Cincinnati held the 
>elements all blind travelers dread most: 
>The >>>>> moment when one disability is mistaken 
>for another, and deep-rooted >>>>> 
>misconceptions engender humiliation. When the 
>last plane landed, >>>>> I'd been traveling for 
>13 hours. >>>>> It >>>>> was 11:00 a.m., and I 
>was exhausted. Here is the scenario. My 
>ride >>>>> home is in the cell phone lot. I ask 
>the gate agent if someone can >>>>> walk with 
>me. >>>>> This is a simple enough request and 
>one I have made hundreds of >>>>> times in 
>dozens of airports. I am a blind person carrying 
>a long >>>>> white cane. My request is for 
>someone to walk with me who knows the >>>>> way. 
>The gate agent is smart, courteous, eager to 
>assist. She makes >>>>> the call. ... And 
>another. >>>>> ... >>>>> And another. When five 
>minutes has gone by, I am impatient. At 
>ten, >>>>> I am agitated. At twenty, with a 
>red-eye flight behind me and the >>>>> knowledge 
>that my ride home is just a few minutes' walk 
>away, I am >>>>> close to meltdown. I hear the 
>agent say into the phone, "No, she >>>>> doesn't 
>need a wheelchair. >>>>> Just >>>>> needs 
>someone to walk with her. At 25 minutes, the 
>somewhat >>>>> embarrassed gate agent comes over 
>where I am leaning on the wall, >>>>> trying not 
>to cry, wishing I weren't so tired and could 
>just start >>>>> walking, exploring, figuring it 
>out. >>>>> "The problem," she informs me, "is 
>that they won't come unless you >>>>> will sit 
>in the wheelchair. She is apologetic, sees the 
>folly of >>>>> this supposed "rule". But I am 
>ready to disassemble with fatigue >>>>> and 
>humiliation and thus I acquiesce. The young 
>woman who comes >>>>> with the wheelchair tells 
>me that if I don't sit in it, she will be 
>fired. >>>>> She will either leave me here or I 
>will ride. I sit down. For the >>>>> half-mile 
>distance from gate to exit, I pray no one sees 
>me who >>>>> knows me. Don't get me wrong. There 
>is no shame in using a >>>>> wheelchair. For my 
>friends who use them with purpose, the >>>>> 
>wheelchair is a tool of freedom and flight and 
>euphoria. No, for >>>>> me, the shame was rooted 
>in the fear that others would think me a >>>>> 
>shirker, a faker, a jerk able to walk who 
>commandeered some >>>>> deserving passenger's 
>wheelchair. The subtext here, the message >>>>> 
>conveyed, is >>>>> this: Because I happen to be 
>blind, I am not worthy of the same >>>>> respect 
>as any other paying passenger. If I need 
>assistance, I will >>>>> shut up, sit down, be 
>addressed like a child (or piece of >>>>> 
>furniture), and be grateful. This, regrettably, 
>is not an isolated >>>>> incident. I have scores 
>of stories from others - blind lawyers, >>>>> 
>athletes, and CEO's -- recounting similar 
>nightmares. Kaiti >>>>> Shelton, a University of 
>Dayton music therapy major, returned from >>>>> 
>a college abroad trip in June. The emotional 
>high sparked by >>>>> success in another 
>country, the joy of having been treated as 
>an >>>>> equal by the residents there and her 
>fellow college students, >>>>> plummeted quickly 
>in an American airport. She, too, was given 
>the >>>>> ultimatum "no wheelchair, no 
>assistance. Eric Duffy of Columbus, >>>>> 
>president of the National Federation of the 
>Blind of Ohio, says the >>>>> wheelchair 
>argument has happened more times than he can 
>count. "I >>>>> can be coming back from a 
>powerfully positive experience, meeting >>>>> 
>with members of Congress on Capitol Hill or 
>participating in >>>>> negotiations with other 
>leaders, and then the [emotional] balance >>>>> 
>shifts at the airport. The disrespect leaves me 
>feeling insulted >>>>> and angry. The only 
>consistency in flying, if you happen to be 
>blind, is inconsistency. >>>>> Sometimes, the 
>curb to curb process is rich with encounters 
>of >>>>> mutual respect, jumpstarting your 
>business trip or vacation with a >>>>> general 
>love of humankind. Another time, the 
>misconceptions held by >>>>> airport workers 
>result in degradation. You are grabbed, 
>pulled, >>>>> talked about in the third person, 
>and given inappropriate >>>>> "assistance". One 
>TSA worker might allow you to move through 
>the >>>>> line without any particular notice, 
>while another wants to hold >>>>> your hands and 
>talk to you in the sing-song tones reserved 
>for >>>>> preschoolers. One flight attendant 
>might order you into the >>>>> bulkhead row 
>while another just as quickly orders you out of 
>it. >>>>> One day you might ask for someone to 
>walk to the gate with you and >>>>> the employee 
>who arrives is so engaging that you have 
>exchanged >>>>> life stories by the time you 
>arrive. And another day, the request >>>>> 
>results in a stripping of dignity. >>>>> 
>Disability awareness varies widely from one 
>airline/airport to another. >>>>> Not >>>>> 
>surprisingly, that difference seems to be in 
>direct correlation to >>>>> the source of 
>training for employees. If you want to know how 
>best >>>>> to treat people with disabilities, 
>ask them. And then listen to what they 
>say. >>>>> Deborah Kendrick is a Cincinnati 
>writer and advocate for people >>>>> with disabilities. . >>>>> >>>>> >>>>>