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Last Updated: Feb 13, 2017 - 1:45:37 AM |
Law addresses Building and Parking Accessibility Challenges for Persons with Disabilities
By Secretariat of The National Commission for Persons With Disabilities
Jun 23, 2016 - 2:49:21 PM
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Mr. Townsley Roberts, a Disabilities Commission Member who happens to be an amputee,
parks his car and heads to a business meeting.
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Nassau, Bahamas - Many persons with disabilities face discrimination on a daily basis, but the Law is on their side. Discrimination happens when a young woman is denied a job as an accounts clerk because she is deaf, in spite of the fact that she is fully qualified for the position. It happens when a Jitney driver refuses to stop for someone who is blind, because they “take too long to get on the bus”. It happens when a child is denied entrance into school because he uses a walker due to mild Spina Bifida. Discrimination also happens when a wheelchair user can’t get into a building because there is no wheelchair ramp, or can’t access a designated parking space because a vehicle without a Disabled Parking Permit is parked in the space.
The Persons with Disabilities (Equal Opportunities) Act, 2014, was enacted in August 2014 to end all forms of discrimination against persons with disabilities. The National Commission for Persons with Disabilities is a statutory body mandated by the Act to oversee the implementation of the Disability Laws, ensure compliance, and recommend prosecution, when necessary. Chairman of the Commission, Mr. C. DeCosta Bethel, states that, “The Act seeks to eliminate discrimination in areas such as education, employment, healthcare, transportation, commerce, social events and recreation.” Bethel noted that while many of the sections of the Act came into force when the law was passed in 2014, other sections, like the ones dealing with building accessibility and designated accessible parking spaces, came into force on January 1, 2016.
Building Accessibility
Section 21(1) of the Persons with Disabilities Act states that a proprietor of any building to which the public is permitted access must make such buildings accessible to persons with disabilities. Bethel emphasized, “This means that banks, supermarkets, churches, schools, sporting complexes, Government facilities, stores, medical centres and any other business or building open to the public must ensure that entrances to those buildings are wheelchair friendly, and easily accessible by persons who are blind, hearing or mobility impaired.” He added that restrooms and toilet stalls need to be fully accessible, too, not just for customers and visitors to the building, but also for employees with disabilities. Buildings which are not compliant with the Law could receive an Adjustment Order – or enforcement order – from the Commission, and failure to comply with the Adjustment Order within the specified time period could result in legal action. Section 27 of the Act came into operation on January 1, 2016, and because that Section has a two-year countdown, it means that the deadline for full compliance is December 31, 2017.
Reasonable Accommodation
But what happens if a clothing store or lawyer’s office is on the second floor of an older building, and the building doesn’t have an elevator or lift, and installing one is too cost prohibitive, or impractical because of the structure of the building? That’s where reasonable accommodation comes in. That business is required to find another way of reasonably accommodating a physically disabled customer, who can’t climb the stairs. However, newer buildings which have stores or businesses above the first floor, are required to have elevators or lifts. The onus is always on the business owner to find a way to accommodate or provide their services to a person with a disability, whether that person is blind, deaf or physically impaired. Nevertheless, reasonable accommodation is never a substitute for not following the Law.
Accessible Parking
The Persons with Disabilities Act also states that all proprietors must ensure that their buildings have designated accessible parking spaces. “Many buildings already have designated accessible parking and have been doing so long before the legislation. However, regulations stipulating the number, dimensions, and signage of the accessible parking spaces will soon be released,” noted Mr. Derrick Nottage, Vice-Chairman of the Commission, and a wheelchair user. Nottage reiterated that all buildings which are open to the public must ensure that, by June 30, 2016, they have designated accessible parking spaces.
While having accessible parking space is one issue, not being able to use it when needed is another issue. In fact, Mr. Lester Ferguson, who heads the Secretariat of the Commission, pointed out that the abuse of accessible parking spaces is a daily frustration for persons with disabilities: “It is inconsiderate and insensitive for persons without a parking permit to use accessible parking spaces. It hinders persons with disabilities from effectively conducting business and actively participating in community life.” Ferguson commented: “When a vehicle without a parking permit uses a parking space designated for persons with disabilities, even for just a minute, that’s 60 seconds too long!” He said that people should never park in a space designated for people with disabilities, unless they have a permit to so do, as it is the right and respectful thing to do. This applies to delivery vehicles and messengers, too.
To ensure that the public complies with the provisions of the Persons with Disabilities Act, very soon the Commission will have a number of Inspectors who will assist with public education, monitor compliance, as well as investigate violations or complaints of breeches of any section of the Act.
For more information about the building and parking accessibility requirements, or to view the Persons With Disabilities (Equal Opportunities) Act, 2014, the public is invited to visit the Disabilities Commission’s website at www.disabilitiescommissionbahamas.org, call the Commission’s Office at 397-8618, or email the Commission at disabilitiescommission@bahamas.gov.bs. In addition to using the email address, Deaf and Hard-of-Hearing persons can also text or Whatsapp the Commission at 376-8328.
© Copyright 2016 by thebahamasweekly.com
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