48-inches! The difference between dependence and independence!

[Guest guest]

As many others have reminded, it is vital that everyone post comments

on the DOJ Notice of Proposed Rulemaking. You can easily get to the

comment form here:

http://www.regulations.gov/fdmspublic/component/main?main=SubmitComment & o=090000\

648062a604

We can truly make a difference for people of short stature today and

for those who come after us. It takes twenty minutes for you to write

a letter. It can mean the difference between reaching an ATM machine

and not. Between reaching a pay phone during an emergency and not.

Between independently reaching the elevator button of the floor you

want to visit and not.

You have until the end of August 18th to make your voice heard. Tell

your story and ask everyone you know to support a 48-inch side reach

range not only for people of short stature, but for so many people

with disabilities who will benefit. I'm attaching the original

message mailed to LPA members and posted on these listservs that

provide instructions and background information.

Tricia

______________________________________________

All;

If you are a member of LPA, you should have received a letter similar in

content to the message below. If you haven't taken action yet, please do so

as time is running out! The deadline for comments is August 18th!! This

issue is not relevant only to LPA members and we want to make sure that all

people of short stature have a chance to comment on this vital issue

You may be aware in years past that LPA has been active in advocating for

lowered reach ranges in the built environment to ensure that people of short

stature can independently use everyday elements such as: ATMs, elevator

buttons, and gas pumps. Because of your efforts in the past, LPA convinced

the U.S. Access Board that the side reach range needed to be lowered from

54-inches to 48-inches in the revised Americans with Disabilities Act

Accessibility Guidelines (ADAAG) of 2004.

However, the 2004 ADAAG has only been enforceable in federal buildings and

properties and the Department of Justice (DOJ) has continued to enforce the

1991 ADAAG in buildings and facilities owned privately or by state and local

governments. As a result, many buildings are still lawfully using the

54-inch side reach standard. But not for long! On June 17, 2008, the DOJ

released a Notice of Proposed Rule Making (NPRM) announcing its intent to

adopt the 2004 ADAAG. If the rule is adopted, the 48-inch side reach would

apply fully to alterations and new construction.

The big question from the DOJ is whether to enforce the 48-inch side reach

standard in existing buildings. The DOJ is considering giving a pass (safe

harbor) to those who modified their buildings to meet the 1991 ADAAG. The

DOJ has asked for comment on the actual benefits of altering a building to

meet the 48-inch side reach and has specifically said that it wants to hear

from individuals of short stature whether there are discrete areas--like

operating controls in elevators--that are either significant to daily living

or pose safety risks. Some industry representatives claim that it is too

expensive to relocate operable parts and other groups have advocated for

inexpensive after-market reachers, extenders, and stools.

It is critical that the DOJ hear from you, your family and your friends.

Make it known that the 48-inch side reach should be applicable in existing

facilities. The thought that little people should be responsible for

carrying their own equipment in order to achieve access must be defeated. It

is as absurd as expecting wheelchair users to carry their own portable

ramps! Even if equipment is provided, we all have experience from LPA

conferences of reachers, extenders, and stools being stolen or vandalized,

especially in elevators. Permanent solutions provide not only access for

little people, but also for many other people with disabilities and it makes

the most economical sense over time.

A major goal of the ADA is independent and ready accessibility…equal access.

LPA would like to see the DOJ ensure that people with dwarfism have the same

consideration for accessibility as any other disability group. By taking

twenty minutes of your time and the cost of a postage stamp, you can help

make this happen for people of short stature today and for generations to

come.

Below there are instructions on how to provide comments. Please feel free

to forward this message to others you know who may be impacted. Your input

makes a difference; it has in the past and now is no different. The DOJ

needs to hear your stories!

Sincerely,

Judith Irving & Tricia Mason

LPA Representatives to ANSI A117.1 Committee

INSTRUCTIONS FOR MAKING PUBLIC COMMENTS

1. Send your comments before *August 18, 2008* in one of the following

ways:

- Submit comments online at: *www.regulations.gov*. In the " Comment

& Submission " search box type, " DOJ-CRT-2008-0015-0001 " and click go. Under

the document title of, " Nondiscrimination on the Basis of Disability by

Public Accommodations and in Commercial Facilities " , you can select to send

a comment or submission. All you need to do is fill out the information

required and type in your comments.

- Mail letters to: ADA NPRM, P.O. Box 2846, Fairfax, VA 22031–0846

- Overnight deliveries can be sent to the Disability Rights Section,

Civil Rights Division, U.S. Department of Justice, 1425 New York Avenue,

NW., Suite 4039, Washington, DC 20005

2. You can view the entire Notice for Proposed Rulemaking, Proposal to

Revise ADA Regulations under Titles II and III at *www.ada.gov*.

3. Be brief. Try to keep your letter to one page (two at the most),

but personalize it to reflect your point of view.

4. Identify the subject matter of the letter, for instance; Re:

48-inch maximum side reach.

5. Be sure to include your full name, address, age, height, and any

other physical limitations (if you use a scooter, wheelchair, have limited

upper body strength, etc.)

6. If writing on behalf of a little person under age 18, speak to the

access needs the individual will have as an adult. The ADAAG guidelines

relate to adult dimensions.

7. State that you want the DOJ to maintain the 48-inch maximum side

reach range in existing buildings. List all the public facilities you

typically can't reach but need to use e.g. ATMs, elevator buttons, public

telephones, credit card readers at gas pumps, fare dispensing machines, etc.

If possible, enclose or attach a photograph of yourself trying to use an out

of reach facility and note the height of the facility on the picture.

8. Discuss your job and/or daily routine and explain how critical it is

for you to have independent access to the public facilities you named. Give

an access war story or two; stories will reinforce your point.

9. DO NOT ASK TO LOWER FACILITIES BELOW 48 " OR TO ANY OTHER HEIGHT.

Such a request will only defeat LPA's purpose. It will show that we cannot

agree among ourselves and will give industry representatives an opportunity

to plead their case that we should provide our own access via reachers and

extenders.

10. It is important to address the unfeasible nature of using

after-market adaptations in public spaces. The cost of providing

inexpensive light switch extenders, stools, and reachers could prove to be

quite costly over time as they break easily, could be stolen and are a prime

target for vandalism. In the long run permanent solutions are more cost

effective and ensure accessibility will be provided at all times.

11. Close the letter with a general reminder that an important goal of

the ADA is to ensure independence and ready accessibility to for ALL people

with disabilities.

12. You can also send a copy of your letter to your Congressional

Representatives and U.S. Senators to reinforce your comments. You can also

contact your local independent living center or other disability advocacy

organization to ask them to write letters of support as well since the

48-inch side reach range provides greater access for other individuals with

disabilities as well, such as wheelchair users.