Some gas stations violate law by not serving disabled drivers

[Guest guest]

Some gas stations violate law by not serving disabled drivers

October 5, 2007

By Dave Savini and Michele Youngerman CBS 2 Chicago

http://www.suburbanchicagonews.com/plainfieldsun/news/584027,6_1_NA05

_SERVICE_S1.article

They pull into a gas station and up to the pump, press the help

button or honk their horns. Then they sit and wait. They wait some

more. Time passes and no help arrives. This is the daily battle for

drivers with disabilities who are simply trying to get gasoline.

" It's buying gasoline, " said Laurie Slicer, who has been disabled

since a car accident. " It's not something exotic. It's something

that we all need and use. "

A CBS 2/Naperville Sun hidden-camera investigation went to nine

suburban gas stations including Exxon, Speedway, BP, Citgo, Shell

and 66. We worked with three disabled drivers:

McDermott, who was injured in a diving accident; Ramiro Magallon,

who was paralyzed while serving in the U.S. Army; and Slicer.

The investigation exposed a problem that could impact the more than

700,000 drivers with disabilities in Illinois. We found service

stations repeatedly violate a federal law created to help people

with disabilities access gasoline. Only one out of nine gas stations

provided assistance. In the other cases our drivers with

disabilities only were helped after long waits or after clerks were

prompted by our undercover investigators. " Unfortunately, I think

failure to provide accommodations to people with disabilities at gas

stations is very prevalent, " says Barry , legal advocacy

director at the nonprofit group Equip for Equality. " I think it is

actually shocking that 17 years after the ADA (American With

Disabilities Act) was passed, we're still having such flagrant

violations of federal law. ... It's not only a civil rights

violation, I think it's bad business. "

Help calls ignored

In one case, Magallon, of Bolingbrook, pulled up to a Speedway

station in Dyer, Ind. He pressed the gas pump help button

repeatedly. On the fifth try, a voice over the intercom asked, " Can

I help you? "

Ramiro responded that he needed gas. He was then hopeful an

attendant would provide him assistance. He saw a female worker come

outside, but she was just bringing a drink to another driver. So

Magallon waited some more. He pressed the help button for a sixth

time - still no response. After waiting more than 20 minutes, our

CBS 2/Sun investigator went into the station and told employees the

disabled driver was calling for assistance.

" We didn't know you needed us to come out here and pump your gas, "

the station attendant said. When, in fact, our investigator, inside

the gas station, could hear the beeping noise from Magallon's help

button.

" What's the use of having a button that says help? It doesn't make

any sense, " Magallon said.

Companies apologize

McDermott and Slicer had the same problems at other stations in

Lombard, Villa Park, Elmhurst and LaGrange. They pressed help

buttons, they honked their horns, and they waited. At one station

two strangers approached McDermott to see what was wrong. But, in

other cases it was not until our team of investigators asked for

help that an attendant came out to pump their gas. A Shell station

in Lombard was the only station to provide immediate service during

the hidden-camera probe.

" It makes me angry. It makes me upset. It makes me feel like I've

done something wrong, " Slicer said. " I don't have a handicapped

sticker because I want the parking. I have it for medical reasons

and I don't ask for anything more than what the law has said I can

get. "

In some cases employees said the call buttons or help buttons were

not working. Others simply said they didn't hear calls for help,

including repeated horn honking.

Spokespersons for all of the corporations involved say they are

sorry and customer service is a priority, especially for their

customers with disabilities. Several have launched investigations,

others are issuing reminders about policy. Citgo is the only company

that has failed to return our call about these findings.

Dean, a public relations official from BP, said, " We are sorry

that these customers experienced delays in refueling their vehicles,

and for that we apologize. Our policy is to provide vehicle

refueling services upon request for motorists if their vehicle

displays an official state or locally issued disabled motorist plate

or placard. "

New device

Dave , president of the Ridgeway Petroleum Company, a

distributor for Exxon, said what happened to Magallon was

unacceptable.

" We have to do something about it immediately. I don't want there to

be a situation. Every customer is important. We tell our employees

to treat customers as you would want to be treated, " he said.

Speedway's spokesperson Casey says the company is

investigating. " I can promise you that we will look into it

thoroughly. Customer service is our priority and that does include

our handicapped customers. "

The store manager of the 66 in Villa Park said his

company's policy is to help drivers with disabilities but couldn't

explain why his station failed the test.

" Horns and honking don't work, " said , president of

Inclusion Solutions LLC of Chicago. His company developed and

patented a product called Fuel Call. It is designed to alert station

employees.

" It is a wireless alert system that signals inside to the employee

that a disabled person is outside, " said .

He says several lawsuits have been settled against oil companies

involving the inability to service disabled customers. But, he says

his studies show there are still more complaints and the problem is

far from solved.

" A lot of drivers with disabilities don't have the reach, range to

hit the call buttons on the market. (Fuel Call) brings dignity to

the consumer and the employees. "

says only five Illinois stations have installed Fuel Call.

" We are falling through the cracks, " said McDermott, who also is

president of Paralyzed Veterans of America's Vaughn Chapter. He

wonders how veterans injured in Iraq will be treated. " Hopefully

(this story) will open some eyes. These guys are coming back with

injuries; they're going to be driving. "

Magallon agrees that the system has to change, " It's frustrating.

You know, I put my life on the line for my country and when I get

injured, I just ask for the simple thing of getting a fill-up. "

[Guest guest]

I thought the law at least in California was that they only had to help pump gas

in self-service if they also provide full service.

Elinor

[Guest guest]

ADA & STATE OF CALIFORNIA REQUIREMENTS

PURCHASE OF FUEL (Business & Professions Code 13660)

" California State law requires service stations to refuel a disabled

person's vehicle at self-service rates, except at service

facilities with only one employee on duty. "

more info at

http://www.handiplate.com/primary.htm