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Many Pilsen Businesses Aren't Accessible for the Disabled, Residents Allege

By Stephanie Lulay | September 2, 2015 8:08am
 Michelle Garcia, an organizer with Cambiando Vidas, says Ald. Danny Solis (25th) isn't doing enough to improve accessibility in the neighborhood.
Michelle Garcia, an organizer with Cambiando Vidas, says Ald. Danny Solis (25th) isn't doing enough to improve accessibility in the neighborhood.
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DNAinfo/Stephanie Lulay

PILSEN — A group of Pilsen residents with disabilities say the ward's alderman isn't doing enough to improve accessibility in the neighborhood.

Cambiando Vidas, a group that advocates for Latinos with disabilities, staged a protest Monday in front of Ald. Danny Solis' (25th) office at 18th Street and Blue Island. Chanting "Access is our Civil Right, that is why we have to fight," the two dozen protesters say they want the Alderman to get serious about making the ward's businesses accessible for all.

Michelle Garcia, a community organizer with Cambiando Vidas, said Solis previously committed to partnering with the group, but has since failed to follow up on the commitment. 

"We've gone to the businesses, and some of the businesses are not receptive [to making changes]," said Garcia, who has cerebral palsy. "Then we went to the alderman. We've been asking him for almost a year to do this... and we're tired of false promises."

On Monday, Solis said he organized a number of city officials to meet with Cambiando Vidas on June 15 and has hosted an ADA workshop in Chinatown this month.

"Anything that I can do with them, I'm doing," Solis said. "I'll work with them and I have worked with them. Maybe it's not as fast as they would like [to see change] and I'm sorry about that, but I am working toward that."

Luisa Dedios (left) joined protesters outside Ald. Danny Solis' (right) office at 18th Street and Blue Island Monday. [DNAinfo/Stephanie Lulay]

Garcia, who lives near 20th and Racine in Pilsen, said she constantly fields complaints from disabled residents who say they cannot access area businesses because the entryway includes steps or the doorway is too narrow to allow for wheelchair access.

Title III of the Americans with Disabilities Act, a federal law that prohibits discrimination on the basis of disability, requires newly constructed or altered places of public accommodation to comply with ADA standards. Those places include restaurants and other businesses, the law states.

"We like to shop too, we like to go cut our hair, to eat. [Many] businesses along 18th Street are not accessible," Garcia said.

Accessibility is a 'big issue'

Physical accessibility for the disabled is a "big issue" in Pilsen, Solis said, and barriers do exist, especially in historic corridors like 18th Street.

"This is possibly due to the building structures that we have are over 100 years old in most of those buildings," the Alderman said. "We're willing to work with the ADA, the disabled, and the businesses themselves to see where we can help."

Protesters march outside the 25th Ward office at 18th Street and Blue Island Monday. [DNAinfo/Stephanie Lulay]

Joseph Russo, deputy commissioner of compliance with the Mayor's Office for People With Disabilities, says that federal ADA law requires newly constructed businesses and altered buildings to meet very strict guidelines, such as providing ramps and making other design accommodations to ensure the building is accessible for all.

In the case of existing buildings that haven't been altered, federal rules still require the businesses to "remove barriers over time," said Russo, an attorney. But enforcement varies. Under ADA rules, a large company like Starbucks may be required to immediately install a ramp, whereas a local coffee shop may have 10 years to make the necessary changes, he said.

If a business is not in compliance with the federal rules, citizens can file a federal lawsuit or formal complaint with the Department of Justice, but because the federal agency doesn't have the resources to investigate every complaint, some will fall through the cracks.

At a city level, the Mayor's Office for People With Disabilities is involved in determining whether all new construction or altered buildings are compliant, Russo said.

"Because of that, we actually test a lot of businesses," he said. "The problem comes in when there's an existing building that doesn't change."

In those cases, residents can file a complaint against a business with the city's Human Relations Commission. In an effort to resolve more ADA complaints locally, new city rules will go into effect in January 2016, Russo said, that will better outline business requirements and the complaint process.

Every year, the Mayor's Office for People With Disabilities fields 4,000 requests related to ADA compliance from architects, businesses and residents, according to Russo.

While there's more work to be done with area businesses, Solis said sidewalks in Pilsen have been approved to make them more accessible.

"We've done our job on that end and you'll see that if you walk down 18th Street," Solis said.

After the protest Monday, the Alderman's office committed to three future meetings, according to Gary Arnold, spokesperson with Access Living, a non-profit that advocates for the disabled.

The Alderman's staff will meet with Cambiando Vidas on Sept. 14, complete a tour of the neighborhood on Sept. 15 to determine the state of accessibility to businesses, and co-host an ADA workshop on Sept. 29. At the workshop, businesses will be able to ask questions about accessibility requirements.

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