Tucson City Government
Tucson city government doesn't like persons with disabilities. I say this because Tucson City government continues to allow discrimination against persons with disabilities and violations of the rights of persons with disabilities under the Americans with Disabilities Act and the International Building Code of access to public accommodations. I understand that the federal Department of Justice has recently entered into a settlement agreement with the city over issues related to the Americans with Disabilities Act, but clearly the settlement did not go far enough.
Some ambulant disabilities limit the distance that persons can walk, which is the reason why the ADA and Tucson's building code (Chapter 11, Section 1106.6 ) require disabled parking for a public accommodation (store, bank, theater, City Hall, Library, etc.) be located on the shortest accessible route from the parking lot to an entrance as can be readily achieved. This would seem to indicate that disabled parking must be located near an entrance.
Unfortunately, both the ADA and the IBC apparently have a loophole that is being used and abused liberally, at least in Tucson. While disabled parking must be located on the shortest accessible route between the parking lot and an entrance, the shortest route between the parking lot and an entrance need not be accessible.
Any business with no sense of moral responsibility or interest in doing business with persons with disabilities can and probably will exploit this loophole. As a minorty group often subjected to discrimination, persons with disabilities are seen as having less disposable income than the able-bodied so these businesses don't want disabled parking near their entrances impeding access for their able-bodied patrons. In a way, it's like businesses under apartheid wanting to keep black people away so they wouldn't chase away the white customers.
To locate the disabled parking as far from the entrance as possible, all they have to do is set up a barrier to access between the parking lot and the entrance. This can be easily accomplished with a continuous curb (no curb ramps) that is inaccessible to persons in wheelchairs. There must be an accessible route, so an accessible ramp can be installed at or near the point most distant from any entrance. The result is that disabled parking must be located as close as possible to the ramp at the far end of the barrier then persons with disabilities including mobility impairments must walk the longest distance to the entrance.
That's why they call it "discrimination."
I've written to the Department of Justice to verify that this loophole is legitimate and am awaiting a respone.
Within Tucson's irritating bowels of bureaucracy, the Office of Equal Opportunity Programs [new window] reviews complaints of discrimination against "an employer, organization, institution, or business entity within the city of Tucson city limits," but that department defers to the slack judgment of the Development Services Department [new window] on issues such as accessibility of disabled parking (see examples below). Nobody's watching the watchers.
The City of Tucson could have amended its building code to require disabled parking spaces be the closest spaces to an accessible entrance but instead of addressing the problem, city officials have remained tight-lipped about this loophole. Somebody would have taken action if any Tucson city government since enactiment of the ADA in 1990 had considered the needs of persons with disabilities. But no, they just kept on helping businesses install barriers to keep persons with disabilities away.
Here are some examples of various access problems in Tucson (as of this writing):
Shopping Center, 105 S Houghton Rd
This shopping center has many businesses located along the side shown which faces South Houghton Road. Rather than distributing the two disabled parking spaces near business entrances, the disabled parking was located at the end of the parking lot farthest from most of the entrances. Because a long curb with no ramps for wheelchairs acts as a continuous barrier to accessibility along the building, these spaces are technically on the "shortest accessible route" but not on the "shortest possible accessible route" as originally intended by the ADA and building code.
On a positive note, the lot has a marked crosswalk where the accessible route from the street crosses a path of vehicular traffic.
CVS/pharmacy, 8920 E Tanque Verde Rd
Clustered around the entrance are regular parking spaces while the disabled parking is located away from any entrance at the back of the building. The shortest route from the parking lot to the entrance is indicated on the image with a yellow line but this is not an accessible route since the City of Tucson allowed CVS to install a new sidewalk without curb cut-ins.
The shortest distance from the parking lot to an entrance is about 20 feet, but the shortest "accessible" route is about 50 feet. The design was inaccessible to some persons with mobility impairments and the City of Tucson approved it.
I contacted CVS in the spring of 2007 and their sole response was that they "have advised Bill Thompson, District Manager of your comments." Persons with disabilities needing disabled parking still cannot park near any accessible entrance.
CVS/pharmacy, 7499 E Broadway Blvd
Again, several regular parking spaces are located nearest the entrance and the disabled are relegated to the far end of the building. I believe that this business placed a van accessible sign on one space that is not van accessible because it lacks the required eight foot access aisle.
Checker Auto Parts, 9095 E Tanque Verde Rd
The markings are still visible on the ground showing where the two Disabled Parking spaces used to be located closest to the entrance. The access route leading to the door is a long brick ramp that extended into the access aisle making the adjacent spaces not accessible.
Rather than alter the ramp to make the adjacent spaces accessible, the owner relocated the disabled parking further from the entrance and installed a new curb cut-in. At some expense, the ramp problem was solved but now the disabled parking is not located on the shortest accessible route between the parking lot and an entrance. In fact, it's located closer to the back of the strip mall.
CVS/pharmacy, 3832 E Speedway Blvd
Once again, regular parking spaces are clustered around the entrance and the disabled parking spaces are located away from the entrance. Additionally, it appears from this photo that while there are four spaces for the disabled as required by the ADA for this size parking lot, none of those spaces are van accessible with an eight-foot access aisle as required by the ADA.
At the time that this photo was taken, half of the required disabled parking was in use as parking for a dumpster. It's possible that this new store may have not yet been open when the photo was taken in May of 2005.
The Arizona law against blocking disabled parking does not apply to dumpsters, sales tents and awnings, trailers, and anything that isn't a motor vehicle. The City of Tucson has followed the state example which means that the Tucson Police Department is powerless to do anything about such abuse of disabled parking. Nevertheless, the businesses are required by the ADA to provide the correct number of disabled parking spaces including van accessible spaces.
Taco Bell, 1818 E Speedway Blvd
The single disabled parking space at this Taco Bell, is not the closest space to an entrancd but is probably on the shortest accessible route. On a positive note, the entrance on that side is the closest entrance to services inside. As shown in this image, the spaces nearest the entrances are often occupied.
With 25-50 parking spaces, the ADA requires two disabled parking spaces with at least one being van accessible and the last time I ate here, I didn't look to see if this parking space is van accessible but I suspect from this photo that it's not..
This restaurant has been in this location for some time and the lack of disabled parking might have been "grandfathered in", but according to the Department of Justice, Civil Rights Division, Disability Rights Section: "When a business, State or local government agency, or other covered entity restripes a parking lot, it must provide accessible parking spaces as required by the ADA Standards for Accessible Design. Failure to do so would violate the ADA."..
Tucson Heart, 2355 W Ferguson Ave
Several cardiologists provide healthcare at this location.
The distance from the entrance to the nearest parking space in the parking lot is only about 10 feet but the distance from the entrance to the disabled parking is about 60 feet. The doorway typically used as an exit is on the opposite side of the building as the disabled parking.
Because of the nature of this business, a very high percentage of customers are disabled including elderly disabled patients. The last time I visited this facility for a cardiology appointment, the parking near the door was occupied including one space that was occupied by a young woman who appeared to be a pharmaceutical representatvie delivering a box of gifts to the staff. People using walkers and canes were being dropped off near the entrance with the drivers then parking their vehicles elsewhere.
There are no curb cut-ins for the parking spaces just outside the entrance but instead a ramp at the end of the sidewalk.
The ADA requires a larger percentage of disabled Parking spaces for some facilities that provide medical care for persons with mobility impairments. It seems to me that a significant number of cardiology patients can reasonably be expected to have a mobility impairment. This lot appears to have the correct minimum number of spaces (2) for this size lot serving a regular business.
Tucson Eastside City Hall, 7575 E Speedway Blvd
Why do businesses believe they can get away with this discrimination? Look at this example set by the City of Tucson itself. This is Tucson's Eastside City Hall, the same place where the official Tucson Commission on Disability Issues (CODI) holds regular meetings.
The parking spaces on the shortest accessible route from the parking lot to an entrance are all regular spaces while the disabled parking spaces are located farther away across the driveway.
Furthermore, if a vehicle is dropping somebody off by the entrance, the "accessible route" to the entrance will likely be blocked. Some local governments (eg. Washington State [pdf]) require marked crosswalks where access routes cross traffic. There might have once been a marked crosswalk where the accessible route crosses traffic at this city hall.
As a matter of common sense, a building serving a Commission on Disability Issues in which the majority of members and stakeholders in the audience are likely to be persons with disabilities, a reasonable person might believe that there should be more than two Disabled Parking spaces even if some must be temporary Disabled Parking spaces for the meeting.
According to the ADA (Appendix A to Part 36 ¶4.29.5), where the route crosses or adjoins vehicular traffic, it must be "defined by a continuous detectable warning" (crosswalk). If there was one, it's not very visible now.
Bank of America, 9015 E Tanque Verde Rd
The two disabled parking spaces are located at the extreme ends of the parking lot and neither space is van-accessible. There are no accessible routes except at the extreme ends of the parking lot.
A competing bank nearby correctly located their disabled parking spaces closest to the entrance and installed van accessible parking but Bank of America built into their design a continuous barrier across the front of their building.
(Sept 8, 2008) Bank of America tore out all the asphalt in this parking lot, replaced it, and restriped the entire lot without relocating the disabled parking at the extreme ends of the lot as shown.
Ace Hardware, Bear Canyon
During the summer of 2008, Ace Hardware moved into this brand new building. The disabled parking spaces are not on the shortest accessible route to the entrance—close but not compliant. Apparently the City of Tucson inspectors approved it anyway.
I know this doesn't seem like a big complaint to those who have no disability, but if you have to use a walker, if you are in excruciating pain when you walk, if you have uncontrollable diarrhea, or if you have any disability that restricts the ability to walk, and if you can't afford servants to run errands for you (as if), then these barriers encountered on a regular basis can quickly become a real issue.
It's true that we could just park in the regular spaces close to the door, but 1.) those spaces are often filled, and 2.) we get rude comments from other drivers that we shouldn't be taking up a regular parking space near the door because we belong in the disabled parking spaces.
The problems aren't limited to parking spaces either. Many retail businesses have aisles blocked to the extent that there's barely enough room for a person on foot to squeeze through and no chance at all for a person in a wheelchair to pass much less turn around. Beside being an ADA violation, this is likely a violation of the city fire code, yet the problems persist.
Even if ADA violations existed prior to enactment of the ADA in 1990, businesses have an ongoing obligation to work toward compliance. There's no excuse for even the smallest mom-and-pop store that's been in business since 1990 to remain non-compliant and to have made no progress since 1990.
Owners of these businesses should want the city government to help ensure that they are accessible because it could prevent a very expensive lawsuit. The management at CVS pharmacy should want to be accessible having already been sued for ADA violations but obviously they just don't care.
Like Rosa Parks, we have options other than supporting these businesses and residents of Tucson have options in the polling booths. We should all support the disabled because equal access is the right thing to do, and because most of us will have either a temporary or permanent disability at some time in our lives.
In Defense of Tucson
In defense of the City of Tucson, the city government can claim that it's only following the example set by the State of Arizona because the state government of Arizona also doesn't like the disabled. The Arizona Revised Statutes are seriously lacking in protections for the disabled such as allowing stores to block disabled parking spaces with dumpsters, sales tents, etc.
Examples of Non-compliance:
Arizona Depatrment of Transportation
Motor Vehicles Division
1360 S. Stocker Drive
Tucson, Arizona
The facility of the Motor Vehicle Division of the Arizona Department of Transportation located at 1360 S Stocker Dr, Tucson, Arizona, required all customers to check in at a central counter before receiving any services. The counter is well above the maximum height requirement of 36 inches with no section that is lower for customers in wheelchairs. Furthermore, there exists no opening or doorway nearby for employees to come out from behind the counter to provide service. Because this building was constructed recently, it was required to be fully in compliance with the ADA but it was not.
Several years ago, I complained to the department about this problem and their lack of compliance. On a recent visit, I noticed that years later, the State had still not fixed the violation.
At some point, the State installed computers to provide customers with online access to some but not all of their services through the Internet. Even if all services were available online, segregation is discrimination. I've not looked at the computers to see if they are accessible.
In support of the State, their disabled parking at this facility did not have signs as required by the ADA but after I complained, they eventually installed signs.
More to come...