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Grandfather Bigotry Eats at Old Zinnies.
Accessibility is a civil right, not a gift.
By Tim Wheat
 Recently a reader wrote to help me correct what “might be an oversight on the behalf of the Center for Independent Living.” She had been to eat at Zinnies and reports that they have a ramp. “I hope you have acknowledged that Old Zinnies has installed a ramp outside, although it had no legal responsibility.”
The concerned Zinnies patron had read our report from March 23, 2001; where ADAPT demonstrators ate on the sidewalk in front of Zinnies to make the point that access is good business. “Since your organization has reported the inaccessibility of this locally-owned business,” the Zinnies patron wrote, “I would expect it to now be reported that they have a ramp.”
In fact, Zinnies not only has a legal obligation to have a ramp, but in December of 2002 a Federal Judge ordered Zinnies to install a ramp.
On January 26, 1992 Congress required businesses to be accessible to people with disabilities. In September 2001, following customer protests, owner William Baker promised to build a ramp. Three years, two demonstrations and one lawsuit later Zinnies built a ramp.
The 1990 Americans with Disabilities Act is going on 15 years
old. It is important that our community know that it is not the law that protects our civil rights, it is the concerned and dedicated citizens that demand equality. There is no police force that comes with the ADA, as William Baker is aware. Nearly 15 years and our neighbors do not know that access is a civil right, like speech and religion.
"Historically, society has tended to isolate and segregate individuals with disabilities,” the text of the ADA states, “such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem.”
Just to be clear, the purpose of the ADA is:
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to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;
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to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities; and
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to invoke the sweep of Congressional authority . . . to regulate commerce, in order to address the major areas of discrimination faced day-to-day by people with
disabilities. [42 U.S.C. section 12101(b)].
Zinnies had a legal responsibility to have a ramp. Ironically, people involved in the process of negotiating the ramp estimate that Zinnies spent ten times the cost of compliance with the law, in legal fees to resist the clear intent of the ADA. [see 11/9/02]
“I understand that certain businesses are 'grandfathered' in,” the Zinnies patron explains, “that is, exempt from making updates to their property.”
The ADA states, in no uncertain terms, that architectural barriers to usability by people with disabilities are inherently discriminatory; that is they segregate people on the basis of a class distinction rather than eligibility or merit. The ADA makes the existence of architectural barriers unlawful discrimination. Existing properties, as well as new construction and renovation projects are equally covered. The “Grandfather” clause in building codes is dead. Owners and operators of Public Accommodations are under an immediate, permanent obligation to remove architectural barriers. This is one of the major distinctions between the ADA and building codes [Ellerbe Becket White Paper, 2004]
http://www.ellerbebecket.com/uploads/civil_rights.html.
Ellerbe Becket is one of the top architectural firms in the US and I believe a great source to totally dispel the myth that there is a grandfather clause. The fact is the ADA is civil rights law, not a building code that could have a grandfather exemption.
Read more about Zinnies and ADA access in Memphis:
- Tim Wheat
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