Updating Non-ADA Compliant Properties

Returning from Oklahoma City last week I booked a room in St. Robert MO (along I-44)

When I arrived the first thing I noticed was the lack of a curb ramp onto the sidewalk from the loading zone between the disabled parking spaces. As soon as I got into my “accessible” room I knew I couldn’t stay — a tub/shower is impossible for me to use.  Two grab bars does not make a tub/shower accessible.

The staff was helpful, they called the Holiday Inn Express next door and got me a room there.

It turns out the Quality Inn was the old Holiday Inn.  It was renovated but that didn’t include ADA requirements such as a roll-in shower or curb ramps. The useful life of the property has been extended through renovation so it will continue for years to be non-compliant.

The Holiday Inn Express, opened in April 2010, was as close to perfect as I could expect.  The ramps, above, are not the recommended design as someone walking past one has to deal with the cross slope.  The better was is to have the sidewalk drop down to create the access point and then rise on the other side.  Better still, just don’t have a curb and use bollards.

The shower in the new Holiday Inn Express was ideal for me.  I wasn’t traveling with my manual or my motorized wheelchair but the lack of a raised curb, a seat and grab bars ensured a safe shower. Half the hotels I’ve stayed in recently that had seats had padded vinyl seats which can be dangerously slippery when soapy & wet.  The Quality Inn should have updated one bathroom to have a roll-in shower.

Closer to home we have the case of the restaurant space at 711 Olive.

When the Downtown Cantina occupied this space the above door was their main door. After they closed a new place, Slay’s on Zaytoon opened after remodeling the space.  In their remodel they made the above accessible entrance a secondary doorway and the other door their main door.

This entrance, as you can see, is not accessible. At the time the person from Slay’s said just come in and they’d unlock the accessible door.  That works if you are with someone but not when alone.  Slay’s wasn’t open long and on November 11, 2009 I sent an email to David Newburger, St. Louis’ Commissioner on the Disabled, about  the situation. Here is part of his response:

From the point of view of the law, the City cannot deny an occupancy permit to new operators of a facility who are not doing significant rehab if that facility has previously had an occupancy permit for the same use. So, as I think you understand, from the City’s point of view and unless the new occupant will need a building permit, this is a matter for moral persuasion rather than legal imperative.

If I can get the owners attention, I will try to impress the new owners. Likewise, it is possible Alderman Young or others in City Hall can have some say in this.

As a last resort, of course, if the owners do not set the situation up to use that accessible entrance, both you and any other person with a disability who might patronize the restaurant can file a discrimination charge with the City’s Civil Rights Enforcement Agency, the Missouri Commission on Human Rights, and/or the US Department of Justice.

When Everest opened in this space they didn’t make any significant changes from the previous tenant.  The main door is not accessible and the accessible door says “use other door.”

Someone issued a permit to renovate the space for Slay’s on the Zaytoon.  Who would that have been that OK’d making the non-accessible doorway the main door?  The City of St. Louis!  The city cannot keep passing the buck when they fail to ensure that spaces that are being remodeled do not end up less accessible than before.

I think I will begin filing complaints with the above agencies  — complaints against the municipal agency that should ensure compliance when issuing permit. For them to knowingly allow a tenant to remodel a space so that it became less accessible is discriminatory action in my view.

– Steve Patterson