I had permission to post the note from the author as
written. I didn't take that to mean I had license to
edit it, and frankly, there is discussion about the
museum in specificity on the other list, and there may
be letters that follow directly to them.
However, in response to your questions about why
didn't the woman think to call ahead, the simple
answer is, under the law, she doesn't have to.
Remember the law is 10 years old. Museums and other
places of business have had 10 years to come into
compliance with it or face potential litigation.
Requests for accommodation do not have to be in
writing; they do not have to be called in in advance;
they do not require doctor's notes for public
accommodation.
The woman never anticipated running into this kind of
an illegal/artificial barrier in her visit. She
expected, as any other visitor would, to be
accommodated.
Unless one's organization has a policy requiring all
visitors to call in advance, to expect her to have
called on this one is at best ignorance of the law.
Now tell me this, please. If your claim is ignorance
of the law, would that work with the policeman who
stops you and wants to give you a ticket for speeding
in a place where you didn't know what the speed limit
was?
It doesn't work on this, either.
For more information, you may want to visit:
http://www.eeoc.gov/laws/ada.html
I would suggest museums not get themselves sued by
reviewing their policies regarding accommodating the
disabled. If you need a checklist of things to
consider, I suggest you look at the one prepared by a
listmate of mine on ADA-Law and which I put up to help
him since he's blind:
http://victorian.fortunecity.com/stanmer/414/law/survey.html
--- Jay Heuman <[log in to unmask]> wrote:
> Hello Indigo Nights et al.,
>
> To be quite honest, this issue could be
> raised without the specifics.
> As a result, your inclusion of the name of the
> institution serves to
> embarrass the Kimball or -- at minimum -- put the
> Kimball on the spot.
>
> On this topic: why do visitors to museums
> assume museums are prepared
> to deal with every situation without prior notice?
> Why are visitors
> with special circumstances not logically approaching
> their impending
> visit to a museum or other tourist site? Why did
> this visitor not think
> to call ahead, to ensure her needs could and would
> be met?
> Do not mistake this message as
> unsympathetic. I feel my reaction is
> logical. For example, I have been yelled at and
> belittled by people who
> visit expecting Joslyn Art Museum to have many more
> wheelchairs than is
> reasonable. We have two wheelchairs . . .
> considering regular daily
> attendance can be anywhere from 50, with several
> hundred or even several
> thousand here for special events, two wheelchairs
> seems like plenty.
> In terms of strollers, Joslyn Art Museum
> does not have any at present.
> So, would this lady be in a position to sue Joslyn
> had she not brought
> her own stroller?
> It takes two to tango . . . museums and
> visitors. Everyone must accept
> the responsibility . . . the Kimball and this
> visitor.
>
> Yours truly,
>
> Jay Heuman, Visitor & Volunteer Services Coordinator
> Joslyn Art Museum http://www.joslyn.org
> 2200 Dodge Street, Omaha, NE, 68102
> Phone: 402-342-3300, ext. 298
> Fax: 402-342-2376
>
>
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Indigo Nights
[log in to unmask]
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