Discriminating & Lies Do Not Get You and Exemption from the ADA

Hi folks,

Sorry I have been away a while, been recovering from surgery and some serious health scares. It is hard to type with only one arm. In the past couple of hours I have been contacted by a person in Ohio who, like me, has wheels under their ass and just wanted to do something normal and go to an amusement park. The amusement park was owned and run by those Cultists who masquerade as Christains under the guise of the Salvation Army. Upon arriving and excuse the details as I’m getting this in bits and pieces as I type, it seems this person was aggressively confronted and forceably removed from a park owned by those that speak in tongues (you might notice I have a slight attitude re: Salvation Army but that is for another day) and screamed at the entire time, when my wheely friend told them that there was no exception to the ADA and that what they were doing was illegal. They screamed back at her that under certain circumstances there are exceptions and that they qualified for those. Now at this point as info is still coming in, I’m not sure if they are claiming excemption as a church of for some other reason, but to date I have written over 3500 stories for this blog and I would estimate conservatively that half of those have come from people being told that someone has an excemption from ADA regulations.

Let me make this very clear. So clear that I will do it in capital letter: THERE IS NO SUCH THING AS A GRANDFATHER CLAUSE UNDER THE ADA*. THERE ARE NO RELIGIOUS EXCEMPTIONS UNDER THE ADA AND EVEN THOUGH THAT SOMETIMES I MYSELF MIGHT THINK THIS IS UNFAIR IT DOES NOT MATTER HOW LONG YOU OR YOUR FAMILY HAVE OWNED A BUSINESS, OR HOW OLD THE BUILDING IS (YES EVEN COLONIAL) IF YOU CHOOSE TO OPERATE/RUN A BUSINESS OF ANY DESCRIPTION OUT OF ANY BUILDING IN THE US, JUST LIKE YOU MUST ABIDE BY HEALTH REGULATIONS AND BUILDING CODES, FIRE CODE, AND ENGINERING REQUIREMENTS TO OPEN THE DOORS ON DAY ONE, YOU MUST BE ADA COMPLIANT.

Furthermore, I recently had a supermarket tell me they had been there since the ADA was written and therefore they were not covered. The laws are very literal, if in the life of your store (the period you had been open or had operated) you change, alter, rearrange promotion of a product that equals more than 1/3rd of the retail floor space as listed on your lease, then when the moment you start those alterations, under the ADA it is considered a new business and from the date those alterations commence so must all alterations to the entire space must become ADA compliant. For example, a mom and pop supermarket that has been there 50 years decides to move the deli counter from back to front and enstall brand new check out lanes, then they must also enstall 1 out of every 6 lanes wide enough and low enough for a person in a wheelchair to be served. If they offer any public toilets for anyone they must now also offer disabled access facilities. If they had any staircase into the store or within the store, they must now make it wheelchair accessible. It is also popular to put security caging similar to jail bars at front/ back of supermarkets, they must now be removed because they are now deemed a fire hazard making it impossible for disabled folks to leave in a fire.

This goes for amusement parks no matter how long they had been there. If you cannot afford the cost of doing it right for all citizens of America you don’t get to cherry pick. As I have said before, you either respect our existance or expect our resistance.

Updates to come as the person keeps me in informed.

*=Americans with Disabilities Act

The ada can be sourced at WWW.ADA.GOV

 

 

Author: disabledaccessdenied

I am a disabled woman who through no fault of my own has wheels under my ass. I rely on the decency and common sense of local, state and federal goverments, as well as the retail community to abide by the disabled access laws and provide adequate ramps, disabled toilets, and not use them as store rooms or broom closets. This blog exists to find the offenders and out them, inform them, and report them if necessary and shame them into doing the right thing when all else fails.

11 thoughts on “Discriminating & Lies Do Not Get You and Exemption from the ADA”

  1. If by chance anyone happens to be interested in shaming this particular establishment into doing the right thing and stopping the discrimination, Here’s the contact info on that particular company

    RJ’s spray park located at

    Ashland Salvation Army Ray & Joan Kroc Corps Community Center
    527 E Liberty St,
    Ashland, OH 44805
    (419) 281-8001

    ADA form filed with US Justice Department

    Reference 15-bb4jk-6wha
    Saturday 8-8-2015

  2. OK, here’s another oddball for you, It seems like people around the region are picking on people who are alone without families and very little social network. When your first new area, and you have no friends or family network you can find yourself surrounded by people who would rather hate rather than welcome you as a newbie. This went on for the first five years I was on my own but it seemed to have stopped for a period of years until sometime before things started again in a different form years later. Below is a copy of what I’m talking about as another example of how many people have been toward me besides starting false rumors and lying about me without getting to know me. What I shared with you already was not the first problem, there have been other serious offenses:

    2 PROBLEM ON 9-10-13 at Wooster OH fair during medical emergency: First Aid building run by Red Cross, and Fire Dept Workers

    On Sept 10, 2013, I became a first time very serious heat illness patient. When Red Cross and Wooster fire dept learned I was ALONE without a phone, they saved a cot for someone who wasn’t there for quite a long while, denied me a cot, let another go empty in the other room w/ a lady who wasn’t using it, & pressured me to drive home with these symptoms:

    VERY heavy sweating (I sweat out ALL water that I drank)
    NO Urine
    Feeling VERY Faint
    Dizziness
    VERY Light headed
    VERY Fatigue
    Whole body VERY Weak & shaky (felt like jello)
    Painful cramps
    VERY Nausea
    Painful Headache
    Very heavy breathing (spotted by someone on the midway)
    Heart felt very shaky/jittery

    It’s illegal to drive impaired, or when it’s unsafe to drive. Apparently, this group had no common sense and don’t belong in the medical field, let alone behind the wheel. I only hold these people are all replaced by better people who know how to treat patients right, and actually do.

    Had I NOT been this ill, I NEVER would’ve gone to the first aid station to start with, because normally I don’t use first aid stations or ERs. With my specific bloodline, i’m not even supposed to be sick, ever. However things happened to me that never should’ve happened, and I must handle the hand I’m dealt. I’m doing the best I can, and I must stand against wrong, because wrong is wrong. I won’t back down or shut up, i’m just one of those types of people.

    As for the lady ALONE in the next room who didn’t need a cot never should’ve been allowed in that room; Keeping cots empty jeopardizes the lives of those who REALLY NEED THEM!!!!! Even Cedar Point doesn’t run their first aid stations like that, NOR do they ever save beds for “expected” arrivals. In fact, they don’t save beds at all for no one. Beds are first come first serve.

    Additional symptom/s:
    Forgetfulness (9-10-13)
    lethargy (sluggishness) (my usual summertime norm)
    Loss of appetite (my usual summertime norm)
    Tiredness (my usual summertime norm)
    drowsiness (my usual summertime norm)
    FULL body Hyperhydrosis (VERY HEAVY excessive sweating:
    Profuse (year round) Dr said it’s VERY RARE; I’m among the only 1% of people with Hyperhydrosis
    Internal “burning up” feeling with profuse sweating (year round)

    * Half the year I must already live like a hermit; Summers are too hot, and I have no car for winter, so most times I must stay in.

    There is a joking comment about the difference between an EMT and a paramedic: “As an EMT, you can screw up and hurt someone; but as a paramedic, you can really mess them up”. This is true in that the skills a paramedic can do can also cause a great deal of harm if used improperly.

    Patients must lay down:
    http://m.wikihow.com/Deal-With-Heat-Exhaustion

    My suggestions:

    ARC: My case #

    411-901

    Nancy

    Cust solution team

    Erica

    605-840

    Cease and assist desist a false accusation against me

    A BIG problem

    I was browsing my archives and found this email, and I wondered if this too, should also be posted as part of what happened to me since 9-10-13 when I was denied a cot during a serious heat illness. What led up to this is the Northeast Ohio Region of The American Red Cross refused to communicate with me on HOW my problem was to be resolved. Shortly after my incident, Mary Alice Frank’s assistant called me and said I “won’t have that problem again” but it was odd she wouldn’t elaborate. I thought this sounded rather suspicious. My suspicions were right when I got word my case was closed. I thought it odd no one cared to question ME during the investigation. Of course as we the people know, the big bullies side with each other, discrediting the victim. I tried to offer mediation to hopefully resolve the issue, but it was refused by the offending party. I’m now collecting medical records about my rare disorder in hopes to Force Change for better cot management at first aid buildings at public events like local fairs. I was billed for an ambulance ride and ER visit that was never remedied by the offending parties who denied me a cot and made me wait an hr for help despite my repeated pleas to lay down, and that I’m sick NOW, NOT later. This link even proves I should’ve been LAID DOWN, the Wooster, oh first aid staff never did that despite my REPEATED PLEAS that I NEEDED to LAY DOWN during an 11 symptom heat illness. I’m the patient here, I was NOT in the wrong. This link proves ALL the at illness patients should LAY DOWN:

    http://m.wikihow.com/Deal-With-Heat-Exhaustion

    Sadly, no one cared to question ME on my report’s details, I’m the one with all the info on my medical history. If they have nothing to hide, why are they avoiding me, forcing me to chase them down? Why are they unwilling to answer my question if they’ve nothing to hide? I DID NOT IGNORE prompts to go home the first time I WAS given a cot. The SECOND time I needed help, I was DENIED a cot, & pressured to drive with 11 serious symptoms, then later avoided. Sadly, the BIG BULLIES tried to shut me up with this letter:

    Cease and Desist

    November 6, 2013 10:10 am

    _____,
    This communications is to inform you that the American Red Cross requests that you, ‘cease and desist’ any and all contact with the Northeast Ohio Region of The American Red Cross and that you refrain from derogatory comments concerning the Red Cross. _____, your allegations have been reviewed and have been found to be unsubstantiated concerning the level and quality of care you receive by the Red Cross. _____, if you continue to pursue this path of untrue statements and the unending harassment of the chapter, the organization will pursue legal action. I hope you do take this matter seriously, as we do.

    Sincerely,

    Teala J. Brewer
    Vice President
    Office of Investigations, Compliance and Ethics

    Teala J Brewer, Vice President
    Office of Investigations, Compliance and Ethics
    AMERICAN RED CROSS NATIONAL HEADQUARTERS
    2025 E Street, NW | NE 9-024 | Washington, DC 20006 |
    Tel: 202.303.4098 |C:202.701.0560
    Teala.Brewer@redcross.org | http://www.redcross.org

    This electronic message transmission contains information from the Office of Investigations, Compliance and Ethics of the American Red Cross and may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please notify me immediately by telephone 202.303.4098 or by e-mail Teala.Brewer@redcross.org and delete this e-mail message from your computer. Thank You.

    Sorry guys, I’m judgement-proof, so you won’t get a dime from ME!

    Overheating disorder: Disability? Since late 20’s-early 30’s
    Memory problems/inability to concentrate (problem in class)
    Unexplained persistent fatigue that’s not due to ongoing exertion
    Impaired memory or concentration (brain fog) (problem in class)
    VERY heavy sweating (I sweat out ALL water that I drank) (usual norm) won’t use powder: (would make a big wet mess)

    NO Urine (sometimes)
    VERY Fatigue (usual norm) Chronic Fatigue Syndrome?
    I sometimes overheat so bad I can hardly get out of bed with exhaustion

    Painful Headache (sometimes)
    very hot internal “burning up” feeling as hot sweat pours over me. Fever?

    Feels like I’m in a pressure cooker
    I must go naked around the house all summer
    GUSHING sweat, I am spending all my time drying off, sweaty head, soaked hair, face, all over wet mess. My hair & whole body are soaked.

    Funny stares, dirty looks; No one seems to know/understand

    Heavy sweat during winter
    Sometimes I can be sitting and sweat for no reason at all.
    I get very weak in my whole body, where I can’t even hold myself up, & feel like I am going to collapse; I must always lay down.

    Brain tiredness; Can’t function from being in the heat for a short time; Random, and often on some hot days. I just never know when it’ll strike

    Feeling faint: had situations where I nearly passed out (saw stars) (random)

    Again, I must always lay down.
    Most often, when I lay down, I usually recover fast within about 15-30 min, no more than about 45-60 min max. Lay down time varies, but is definitely needed.

    However, on rare occasions, I must nap to function & feel better.
    Can’t take the heat and especially the extreme humid weather.
    Heavy breathing repeatedly (spotted by others who thought I have asthma)

    Can’t do anything in heat for over a few minutes
    Temperature in the low to mid 70′s is most agreeable to my body

    fed up with it all, even worse are the people slamming those of us w/ this problem.

    There is a joking comment about the difference between an EMT and a paramedic: “As an EMT, you can screw up and hurt someone; but as a paramedic, you can really mess them up”. This is true in that the skills a paramedic can do can also cause a great deal of harm if used improperly.

    Update on my specific situation:

    The following year I happened to get sick again and was able to take the bed I should’ve taken. It was the day before the fair when everyone was finishing setting up and I happen to go to the fair to look around like everyone else the day before the fair. I happen to be near the first aid station but much to my disappointment it was not open though the beds were there unmade. I had to get someone from down the hall but I didn’t have that much time before I know I would’ve collapsed. Someone grabbed a blanket and threw it down on the car so I could lay down. As I lay down, I was surprised by people who work there starting to pour in around the outside of the room where I work and I was interrogated for about 10 minutes and told I was permanently banned by court order from the first aid building, and by court order they had to immediately call the squad and send me to the ER.

    * I was never served to go to court, and I was never alerted of any such court order. In fact, I don’t even know if Wooster Ohio even has a courthouse. Last I knew, you can’t go to court about/against someone behind their back. What’s even worse is the Wooster Ohio sheriffs backs up the wrongdoing. These people are notorious for lying and they really lie to cover up their wrongdoing. I must now take heart medications because of the incident, the heart palpitations is caused by something wrong in my auto nervous system just like my overheating disorder. Again, I was never served. Additionally, it’s a very expensive cab ride to come back to the fairgrounds from the ER. My last cab fare was about $11.

    Pete Armstrong at the fairgrounds didn’t seem to care, and he ignored my call when I called to follow up after letting him know what happened. I wanted to see what he did but my call rang a few times before switching over to the fax machine, and that’s the only number to the fairgrounds. I knew he did this on purpose.

    What needs to happen is exactly what God showed me in a dream:

    God showed me serious improvements to that particular first aid station and also increased beds availability.

    * when I tried to get a lawyer about the problem at the first aid station, no lawyer would touch it and I don’t know why. I depleted well over 1000 airtime minutes calling everyone I possibly could for help. I’m on SSI, and I get a free government phone for which I have bought a one year supply of airtime. When this unexpected problem had to be resolved, I ended up using up nearly all of those airtime minutes within two days. All to no avail I called everyone.

    * Whoever the Wooster Ohio mayor was in 2013 was definitely not very friendly or even professional. Just because some people have a heat illness that they successfully get through with little or no problem doesn’t mean the next person will be as lucky. Some people may not need to lay down or even take a break whereas others do need to lay down.

    !!!!!!!!! What caused my auto nervous system disability is when my abusive mom forced me to sit in scolding hot bath water for prolonged periods of time. That’s happened often on over a period of 13 years. Little did I know I would later start having problems starting with a burning sensation in my feet during childhood. This later progressed to hyperhidrosis and eventually close calls with heat stroke. Any time I’ve ever had close calls I’ve always lay down, and I was always fine do you know if afterwords to resume whatever it was I had to take a break from. This was because I was not under any particular doctors restriction at that time because doctors knew very little to nothing about my rare disorder. Doctors didn’t really understand it, and very few doctors really knew about it because I didn’t know how to talk to him about it. Additionally, I really never knew I had a problem until I realized I’m the only oddball to walk around with a big huge bath sheet. No one else walks around with even a small bath towel, this was well before I ever knew I would need a wheelchair down the road. It seems like my condition has worsened but there’s really no need to send me to the ER unless something awfully dangerous happens.

    *********** The whole thing in a nutshell is I have been permanently banned from ever again using the first aid station at the Wooster Ohio fairgrounds, and the sheriff doesn’t care and even backs the wrong doing and those doing the wrong. They don’t care that I was mistreated, and I now know why people are saying this is becoming a police state. Now I also understand why it’s been said that right is wrong and wrong is right when really right is right and wrong is wrong. I was later told every town has a certain amount of corruption, and I think I accidentally stumbled upon it at a time I could least handle it. I also later learned that I cannot by law be banned from a public building. The first aid station is on the fairgrounds which is public land. However, I have been banned from ever again accessing the first aid station, I’m not allowed in that building ever again just because I went public and exposed corruption.

    !!!!!!!!!! A former resident who moved up near the lake even said that what I described has also been pulled on other people. She further said that very same stunt of bed reserve and denial has actually caused many who needed those beds to die. When the sheriff condones this kind of wrongdoing, someone else needs to take over that building and kick everyone out and replace all of those workers including the sheriff.

    Special tip

    There are several rooms within this building. I don’t know how many actually have air-conditioning, but last time I was in that building, all of the rooms going up the hall were definitely empty. These are very large rooms that can house several beds per room. The two rooms I know have air-conditioning are the sheriffs office and the room where the first aid staff are with the beds. There are only two beds for the multitudes of people who come to the fairgrounds. They’re really needs to be far more beds and those big empty rooms really need to be occupied with beds. They don’t need a dictator when people need to lay down for a time. My time that I need for my particular condition is only 30 to 45 minutes. I don’t need to go to an ER just because I have a close call from overheating due to a permanent neurological disability.
    Again, this is definitely a type of disability and it’s actually very rare according to my doctor. I even have a doctors note stating my need.

    ******** The the people who currently works at that first aid building are notorious for lying and twisting what you said into something you never said. Imagine laying flat on your back on the bed for 10 minutes being interrogated when you’re sick and having to straighten out what they are saying into what you really said. This was while waiting for the ambulance I really never called. All I needed was to lay down, not go to the ER. Again, what I have is actually a permanent disability of a different kind besides the arthritis I already suffer. Having only a motor scooter for transportation hinders my ability to transport a wheelchair or scooter to public events.

    Another incident in 2015 at the Ashland County fair

    A lack of free water access

    Paramedics at first aid trailer gave a bottle of water to a sheriff deputy. I had already run out of liquid and I cannot carry a whole lot due to physical limits. I had about a half gallon of liquid that I just was about to finish. When I askedthe medic if I could have a bottle of water, I was denied. I really needed that water where is that sheriff did not. I thought medics were supposed to care about life and helping people, but I guess they are very selective of who they care to help. The food stands sell bottled water for exorbitant prices, and I don’t have money to blow. I really didn’t know what to do about this and I ended up finally finding a hose by a livestock barn that’s used for the livestock. I ended up having to get water from there because my back was hurting too bad to go walking much further. There are hardly any water fountains and only two bathrooms that I know of on the whole fairgrounds. When I finally came past that first aid station who denied me a bottled water, I held up my half gallon jug and show them I finally found some water down by the livestock and I had to use a hose to get it. They had the balls to say not to drink that water, but I had to tell them I have to do whatever I have to do to survive since they are going to give me any water. They got quiet when I said that.

    Again, I don’t have the set up that allows me to bring a wheelchair, so I have to walk a little bit at a time and sit down, even between the rides. Short ride lines are very advantageous because I can jump into a very short line and get on a ride and ride. However, I am never looking forward to getting off the ride because my low back is in pain. I’m always sad and depressed that having to get off the ride because I’m in pain. That’s bad enough but when you’re denied water by someone in possession who supposed to care about others, that’s worse. I later contacted the hospital and alerted them to the problem because I heard the hospital was sponsoring the first aid station at Ashland Ohio fair. That turned out to not be the case and it was a misinformation over the radio station.

    To reach a member of the Government Relations team: (202) 303-4371

    General e-mail: governmentrelations@redcross.org

    Cherae Bishop – Senior Vice President, Government Relations

    Congressional Relations Team: congressionalrelations@redcross.org

    Dawn P. Latham – Director, Government Relations

    Marvin Steele – Senior Policy Advisor

    Jacqueline Godfrey – Legislative Associate

    Federal Relations Team: federalrelations@redcross.org

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    State Relations Team: staterelations@redcross.org

    Christy Plunkett Foertsch – Manager, State Relations

    Michaela Keller – Legislative Assistant, State & Federal Relations

    Jan Michael De Jesus – Legislative Specialist

    1. Hi, thank you so much for reaching out to me. I read through your account and I totally understand how alienating and frustrating each of these inadequecies are. I also understand that you have been met with a great deal of lack of compassion and care by those whose job it is offer help and care. Sadly events like the ones you are referring to always seem to cater to the masses and don’t put a great deal of thought and preparation for atypical situations and they don’t maximize the services they provide through planning and preparation. I cannot say whether the organizers have broken any laws in your interactions with them but I do encourage you to read the ADA regulations and see if they have. If you go to ada.org you will find clearly outlined headings like your rights at public entertainment etc, if so reach out to the necessary bodies in order to take your concerns to the next level. Again, I appreciate you reaching out and I hope these events that I realize are meant to be fun for all are enjoyable for you.

      1. OK thanks. Last I knew people couldn’t go to court about someone or get someone behind their back’s, and I was never served on this one. Not even sure if Wooster Ohio even has a courthouse but I will definitely check out that website. I have someone looking into the first matter about the Kroc Center as of very recently. I just need to see if the person collaborating with me that needs me to sign some kind of letter will send me a hard copy since I don’t have anyway to print one out.

        On Saturday, February 27, 2016, Disabled Access Denied ! wrote:

        > disabledaccessdenied commented: “Hi, thank you so much for reaching out to > me. I read through your account and I totally understand how alienating and > frustrating each of these inadequecies are. I also understand that you have > been met with a great deal of lack of compassion and care by” >

      2. You may be surprised at this, but I went to the ADA.org website and it took me to the American dental Association 😂 I included a photo of the website I landed on

        On Saturday, February 27, 2016, Judgment Proof wrote:

        > OK thanks. Last I knew people couldn’t go to court about someone or get > someone behind their back’s, and I was never served on this one. Not even > sure if Wooster Ohio even has a courthouse but I will definitely check out > that website. I have someone looking into the first matter about the Kroc > Center as of very recently. I just need to see if the person collaborating > with me that needs me to sign some kind of letter will send me a hard copy > since I don’t have anyway to print one out. > > On Saturday, February 27, 2016, Disabled Access Denied ! comment-reply@wordpress.com > > wrote: > >> disabledaccessdenied commented: “Hi, thank you so much for reaching out >> to me. I read through your account and I totally understand how alienating >> and frustrating each of these inadequecies are. I also understand that you >> have been met with a great deal of lack of compassion and care by” >>

      3. That’s OK, I thought I’d give you a heads up because I didn’t even know there were two websites with similar names either. It happens to even the best of us 😀 What I did to remedy the problem is to go on to Google and ask for the long name of the ADA Americans With Disabilities Act in those specific keywords

  3. Oh yes, I didn’t tell you about The man we all know around here nicknamed mountain man, did I? Just in case I didn’t, he was also a target though he was not in a wheelchair. Kroc Center specified in one of their statements during mediation that mountain man has a mental illness. However, mountain man would never hurt anyone and he is the sweetest gentlest person you’ll ever know though he is a little different but who cares? We’re all different in someway or another. Life would be rather boring if everyone was alike. A reliable resource informed me that the Kroc Center got rid of mountain man and ran him off. I don’t know what happened between the two, but they since said Mountain man attends the Sunday services. I don’t know if some kind of pressure got them to make it right or what happened, I don’t know but I haven’t seen mountain man for quite a while. Just so you know, he is also alone like however many others around here. It just seems like only the popular people are not picked on as much as the not so popular or people who were alone

  4. Here’s how I fixed it:

    On the results page, I tapped and held over the link and when the pop up menu appeared, I selected copy link. I saved the link into my notes and read copied into a fresh tab That took me straight to the homepage

  5. Isn’t it funny to discover that websites can have similar links? I never really realize this could happen until I accidentally landed on the American dental Association which had a similar link name. It wouldn’t be a bad idea to contact the webmaster on that one and let them know about it

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