JUL 26 1995 Mr. Robert L. Kuiken Administrative Assistant Summit County's Disabled Citizens Program 47 North Main Street, 2-148 Akron, Ohio 44308-1991 Dear Mr. Kuiken: Thank you for your kind words about my presentation at the Cleveland City Club. It was a beneficial trip for me. Your letter asks the Department of Justice to take action to compel companies that operate gas stations to provide a "full service" option for their customers. The Department is responsible for enforcing title III of the Americans with Disabilities Act (ADA), which prohibits discrimination on the basis of disability by places of public accommodation, including gas stations. Title III requires places of public accommodation to ensure that the services that are provided to clients or customers are accessible to people with disabilities. However, title III does not require any place of public accommodation to fundamentally alter the nature of its business to provide different services, even if those services might better meet the needs of people with disabilities. Therefore, the ADA does not require gas stations to provide full service to any customer. The ADA does require existing gas stations that are not otherwise being altered to remove architectural barriers to the extent that it is readily achievable to remove them. The Department of Justice regulation implementing title III requires such barrier removal to comply with the ADA Standards for Accessible Design (Standards) for each altered element if it is readily achievable. 01-03680 - 2 - If a self-service gas station determines that it is not readily achievable to redesign gas pumps to enable people with disabilities to use them, the gas station is not required to make physical modifications to the gas pumps. However, the gas station is required to provide its services to individuals with disabilities through any readily achievable method, such as providing refueling service upon request to an individual with a disability at self-service prices. A service station is not required to provide refueling service to individuals with disabilities at any time when it is operating exclusively on a remote control basis with a single cashier. In our view, the ADA does not prohibit the operation of gas stations on a self-service basis. Therefore, the Department is unable to take further action in response to your request. I have included the Division's most recent status reports on ADA enforcement for your information. Sincerely, Deval L. Patrick Assistant Attorney General Civil Rights Division Enclosures 01-03681 Tim Davis, County Executive Patrick A. McGrath, Director County of Summit Department of Human Services Disabled Citizens Program "Making A Difference" Deval Patrick, 3/31/95 Assistant Attorney General Civil Rights Division Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 Dear Mr. Patrick, First I want to congratulate you on the fine job you did speaking at the Cleveland City Club Form. I was fortunate to be able to sit in on that meeting. I have also read an ar- ticle in the Disability Rights Education & Defense Fund News (DREDF) where you were the keynote speaker on Nov. 10, 1994 at their fifteenth year celebration. With your background in civil rights for all people I feel confident that we have the right person as Assistant Attorney General for Civil Rights. There is also another reason for me contacting you and requesting your guidance and help in resolving an issue that is of major concern to me and many of other people with lim- ited mobility in keeping their independence. The ability to drive yourself to work, to go shopping, travel, and/or other activities that we do everyday, is a ne- cessity that people have long depended on. Just look at the number of cars & trucks on the highways. However this activ- ity is slowly being taken away from many of us who can no longer buy gas without having someone with us that is able bodied. More and more gas stations around the country are becom- ing "Self-Service" only gas stations. Just ask your friends that have disabilities how difficult it is to get gas today. This means that if we do need to get gas, we have to find a gas station with at least one full service pump. The trend by the oil companies is to eliminate "Full-Service" altogether, in order to save money. This is taking the opportunity of living independently and keeping a job next to impossible. I have been working on this problem for over a year now, asking and getting support from other disability groups but we need to do more. I wrote a letter to Janet Reno, who is suppose to be in charge of the DOJ, pointing out the problem we are having. I received a response that is like receiving no answer at all (enclosed). I have also written to many of our Congressmen and Senators, as well as President Clinton, and have received letters that amount to a pat on the head and nothing else in the way of what actions could be taken to overcome this discriminatory policy that the oil companies have in place towards people with limited mobility. 01-03682 Many of our senior citizens have also told me they too are having a hard time pumping gas because of limited strength and problems with mobility and/or dexterity that they have because of their age and changes in their bodies. I am hoping that with your help and guidance, and that of the members of other disability organizations, we might find a solution to this problem. Perhaps we need to file a class action suite against a major oil company to have them change their policies so people have a choice between Self-Service or Full-Service at their stations. At one time this was available, but few stations, as I pointed out be- fore, still offer this option. I know that the oil industries have a number of lobbyist on Capitol Hill, which will make this a difficult task, to say the least. I feel that they believe they are above the law and that the principals and policies of the Americans With Disabilities Act does not include them or their gas sta- tions. Enclosed is a copy one of the articles that I had in our "Newsletter" that went out to over 3,000 people and organiza- tions that work for the benefit of people with disabilities. Also a copy of a letter I sent to the local Newspapers, from which I got a number of phone calls thanking me for putting into words what they were also facing with this discrimina- tory policy. I am also writing a letter to Marilyn Golden at DREDF and ask for her opinions and ideas concerning this matter. I hope I get more of a response from you than what I got from Merrily A. Friedlander, Acting Chief Coordinator and Review Section, Civil Rights Division. Someone at DOJ has to step up and take charge of situations that threaten the very intent of the Disability Rights Laws that have been passed to help protect people with disabilities and afford them equal op- portunities in this Country. Thank you for taking time to read this and also for any help and guidance you might be able to give me as I continue to fight for the rights of people with disabilities. I'm looking forward to hearing from you in regards to this mat- ter. Respectfully Submitted, Robert L. Kuiken, Administrative Assistant Summit County's Disabled Citizens Program 47 North Main Street, 2-148 Akron, Ohio 44308-1991 (216) 643-7364 / Fax (216) 643-7742 01-03683 Att'n General Janet Reno U.S. Department of Justice Main Justice Building 10th Street & Constitution Ave. N.W. Washington, DC 20530 Ms. Reno, I have enclosed a letter which I have recently sent to the Department of Justice in Washington D.C. which I hope, with their help, will cause the owners of the self-service gas stations to make some policy changes so people with dis- abilities that drive and have mobility problems will not be stranded along the highway because of not having access to a gas station that will pump their gas for them. This has happen to me recently as I was returning to Akron from Columbus, Ohio. Fortunately I was able to get a truck driver to pump my gas for me at a self-service station. Even if I was able to exit my car, I would not have been able to reach the pumps from my wheelchair or the controls to turn the pumps on. I also noticed that there were no ramps or curb cuts leading into the building where I would have had to pay for my gas. People with disabilities that do try to lead an indepen- dent life style should not be discriminated against because of the designs of the gas stations or the policies that do not permit the workers to assist you in buying gas. I have brought this issue up at different meetings that I have attended and I have the support of "The National As- sociation of the Physically Handicapped", The Disability Net- work of Ohio-Solidarity", "The Summit County Committee on Em- ployment of the Handicapped" as well as several other disabled drivers that I have spoken to. My hopes is that you will support my efforts in trying to stop the discrimination of people with disabilities that drive by trying to change some of the policies that the oil companies have concerning self-service gas stations. If you could discuss this matter with other legislative advisors and those you work with in the U.S. Department of Justice and ask for their support, perhaps we can correct this act of dis- crimination. Thank you for your support and for the great job you and your colleagues are doing by working with and supporting is- sues of interest to people with disabilities. Keep up the good work. Respectfully, Robert L. Kuiken Summit County's Disabled Citizens Program Dear Editor, I am writing this letter to alert you to a major economic di- saster that is being brought on by the major oil companies in our Nation and in your area. This is being brought about by having more and more of their gas stations become "Self-Service" only. By doing this they have singled out people with disabilities that drive and eliminated their ability to get gas at their stations. This action will even- tually lead to them not being able to go to work, or shopping, or many other activities that would require them to drive. This not only affects the person with a disability but also their families, their employers, the store where they do their shopping, etc. This policy also will have an effect on several "million dol- lar" corporations that manufacture driving aides and lifts for vans, not to mention the companies that install this equipment. The elimination of access to gasoline would eventually put these companies out of business. This would affect all the people that they employ plus all their families. This domino effect hurts us all. In Ohio there is a law that states "if a gas station offers full-service and self-service, people with disabilities that drive can get served at the self-service price. The oil companies policies have eliminated the full-service pumps which bypasses this law. They have also eliminated any extra help, which leaves only one person to handle the money. This policy puts that one person in a dangerous position should something go wrong or a robbery takes place. This policy puts the employee's life in danger. Po- lice departments have realized this problem but seem powerless over the oil companies clout. The Oil companies greed which drives them to eliminating extra employees while charging high prices for their products. The Americans With Disabilities Act of 1990 provides equal access to products being offered to the general public by busi- nesses. The oil companies choose to ignore this federal law. It also upsets me when I see our senior citizens that drive, standing our in the rain & snow trying to pump their own gas, without having the option to get full-service if they choose to. Also men & women with their good cloths on taking the chance of spilling gas on themselves, just so the oil companies can make more money. I think it is past time for people to take a stand and demand the option to get full-service at gas stations again, if they choose to. When is the last time anyone at a gas station has of- fered to wash your car's windshields, check your oil, water and other fluids under your car hood? It is time to contact the oil companies, your local legisla- tors, federal legislators, congressman, senators, the attorney general's office, the Department of Justice, and the Department of Commerce and let them know how you feel about having the choice of Full-Service at gas stations in your areas. Thank You for your time and your support on this important issue of concern to people with disabilities that drive. Robert L Kuiken Your TICKET to Independence by Margaret A. Johnson, O.T.R./L. Regaining the ability to drive is a basic part of independent living. When you were 16 years old, you excitedly and nervously prepared for the behind-the-wheel portion of your driver's test. Passing the exam was your ticket to independence. No more riding shotgun with the folks or listening to backseat drivers giving orders. You were on your own-and what a good feeling this was! Injuries or disease can affect you mentally, physically, and emotionally-to the point of temporarily or permanently impairing driving. But, because your physical capabilities have changed, does this mean you must ride shuttles and carpool? Certainly not! How do you go about learning what you may need if you are unable to drive a conventional vehicle? The first step is to acquire a doctor's referral for evaluation by an occupational therapist (OT) or driver rehabilitation specialist knowledgeable in the medical field. I am an OT who was a driving evaluator for several years. When I worked with clients, I first assessed their mental, physical, and emotional status. Adequate vision is crucial for drivers, and we provided a thorough screening. Inone case, the result of a man's testing was far below the state's minimum standard for visual acuity. The client was asked to return for completion of the evaluation after he had visited his eye doctor. The physician found a hemorrhage in the man's eye: early discovery and laser treatment saved his vision. The client went on to successfully drive again. Following an eye test, you are screened in the areas of cognition and perception. Are you able to think quickly? Do you have good judgment and decision-making skills? One young woman drove without mishap for 20 minutes, but as we neared completion of the in-vehicle assessment, something told me to extend the length of the route. In the next block, she failed to brake when two pedestrians crossed her path. I stopped the vehicle and questioned her about this serious mistake. She said she saw the women, but "it just didn't register." Evaluators also test your muscles and movement for stregnth, coordination, range of motion, and endurance. Strong muscle-spasms can interfere with safe driving; many times a change in medications may be a solution. Independent car-transfer was a grueling process for one man, whose legs had severe spasms; he was breathless and exhausted before he even turned on the ignition. Balance is an important consideration for driving. Can you maintain an upright sitting posture while making a sharp evasive right or left turn? It certainly defeats the confidence of PN Paraplegia News April 1995 01-03686 drivers who, on sharp curves suddenly find themselves staring at the kneecaps of those in the passenger seat. OTs can evaluate your hand function and recom- mend a chest restraint adapted so you can apply the strap, even if you can't use your fingers. The final test is the actual in-vehicle assessment. The car is equipped with a reversible set of hand controls, various steering devices, a right and left-sided turn signal, and a left foot accelerator. Following demonstration and instruction, you begin to drive in a safe empty parking PHOTO with the help of "driver" Laura Schleiger. Occupational Therapist Margaret Johnson demonstrates an in-vehicle assessment. PHOTO In the Adapted Driving Program at Good Samaritan Regional Medical Center in Phoenix, Nick Mereles learns to transfer to the driver's seat of the facility's adapted van. PHOTO An adapted Driving Program van acquaints Mereles with equipment and vehicle modifications. PHOTO FROM TOP: As part of Good Samaritan's program, Charles Mascari's training includes stowing his chair behind the driver's seat. 01-03687 lot. After an increase in confidence and ability, you drive in residential areas and finally go into more complex traffic--but only if you feel comfortable. Your evaluation is then typed up and, with the required state forms, sent to your physician for review. You visit one of a list of recommended reputable vendors, where the prescribed adapted automobile equip- ment is installed. You may need further training at a local licensed driving school that has personnel skilled in instruction with adapted controls. At some facilities, OTs conduct this training. Once your controls are installed and you are proficient in their use, the thera- pist gives you final approval. You must have a state test for effectiveness in using the special equipment. Your driver's license receives a code that denotes an adaptive-equipment-use restriction similar to the one for people who wear glasses. OTs and your vendor can help suggest appropriate vans or automobiles. Installation of hand controls is difficult in extremely small vehicles; some compact vans may not have room for you and your particular form of mobility. Many car manufacturers offer rebates for purchasing hand controls or other adaptive equipment. If your needs cannot be met in an adapted automobile, you will be referred to a facility that has specialized adapted vans. Vehicles of this type allow you to experiment with using a lift for access and with various interchangeable steer- ing devices. A raised roof or dropped floor accommodates drivers in wheel- chairs. These vans even have inter- changeable steering wheels and lever- operated accelerators and brakes. The Association of Driver Educators for the Disabled (ADED), an internation- al organization, is devoted to the support of professionals working in the field of driver education and transportation- equipment modification. ADED's goal is to maximize transportation options for people with disabilities because driving is an earned privilege--for all of us. Margaret A. Johnson, formerly an occupa- tional therapist in the Driver Evaluation Program at Vanderbilt University Medical Center, Nashville, is now coordinator of Occupational Therapy at Nashville Rehabilitation Hospital. For assistance in locating an evaluation center in your area, contact ADED at (608) 884-8833/ 884-4851 (fax). for Evaluation--Then for Independence Driver-evaluation is performed at many sites around the country. Examples are the programs at Vanderbilt University Medical Center, Nashville, and at Samaritan Rehabilitation Institute. Good Samaritan Regional Medical Center, in Phoenix. Margaret A. Johnson (author of "Your Ticket to Independence") worked for eight years in the Driver Evaluation Program at Vanderbilt University Medical Center. "Clients were always surprised at how thorough the evaluations were," she recalls. "Many of them remembered their original driver's exams, in which they answered some questions, took a 20-minute ride, and received their licenses. They had no idea our assessment was two or three hours long." Driver-evaluation programs emphasize safety as well as defensive driving. "I told clients to always use restraints (seat belts, etc.) and to raise their headrests to provide more protection." Johnson says. "Many of them received spinal-cord and head injuries because their headrests weren't properly adjusted." According to Johnson, some clients are afraid evaluators will take away their driver's licenses. "I'm not employed by the state, and I don't have the authority to do something like that," she would tell them. After putting this fear to rest, she'd get on with the business at hand: putting qualified drivers with disabilities back on the road again. According to Carol Blanc, O.T.R., a driver-rehabilitation specialist, the Adapted Driving Program at the Arizona facility annually processes 100-130 people whose disabilities range from head and spinal-cord injury to amputation, stroke, arthritis, and neurological diseases and problems. Clients must be of legal driving age and have a physician's referral and a valid Arizona driver's license or permit. The length of the course depends on client disability and previous driving experience. Fees are charged by the hour; some insurance companies assist with these costs. Participants also receive help with obtaining their driver's licenses. For more information about the driving programs mentioned in this article, contact: Adapted Driving Program Vanderbilt University Medical Center Samaritan Rehabilitation Institute Rehab Services Good Samaritan Regional Medical Center Nashville Phoenix (615) 322-0100 (602) 239-4757 Margaret Johnson Nashville Rehabilitation Hospital (615) 226-4330 01-03688