Where are the Accessible Playgrounds in Elkhart?

Taylor's Dream Playground - Fort Wayne, IN

Why Do We Want Accessible Playgrounds in Elkhart?

Disabled children have the same needs as any other children to play and interact with others in playgrounds.  However, modifications of existing playgrounds are needed in order to accomplish this.  Often disabled children, like disabled adults, are isolated and depressed because they cannot interact and play with other children because the playgrounds are not accessible.  The other reason is that it is the law.  ADA and other laws specify how parks must be made accessible for disabled children.

The picture seen above is of Taylor's Dream in Fort Wayne, Indiana just 70 miles from Elkhart.  An 11-year old girl, Taylor Reuille, came up with the idea for the inclusive playground and after years of fund raising with donations and grants, the playground was built in 2011.  The cost of the playground was $1 Million. Taylor's Dream is rated 16th most accessible playground in the world.  The degree to which this park was made accessible was beyond regulation requirements but well worth the money.  Elkhart has plans to spend millions of dollars on Luxury apartments and a train museum few resident want.  We have the money to build a totally accessible play ground and it is the right thing to do.  Developing playgrounds which are accessible under the law will not cost $1 million but will invite a cost for sure.

An ADA Transition Plan in 2012 Did Not Include Playgrounds or Parks:

ADA required that a Transition Plan must be created and implemented by municipalities with the purpose of meeting all ADA standards.  The city of Elkhart completed such a Transition Plan in 2012, but there was no review of parks or playgrounds in the plan.  Playgrounds and parks are both required to be accessible in very specific ways.

The city of Elkhart is obligated and very late on planning accessible playgrounds and parks within the city's domain.  We want this done ASAP and with the input of knowledgeable persons and persons with disabilities and their parents.

What are Some of the Requirements of an Accessible Playground?

The US Access Board is the source of much of this information.  We will take one issue at a time as they did.                                                                                       

1. Play Areas and Age:  Play areas should be separated by age in order to reduce the risk of injury and to increase social opportunities.  Designing play areas should for children with different age ranges should be considered separately.
2. Rules for Play Components: A play component may be for a single user or multiple users at the same time. Examples below: 
3. Ground Level Components:  A play component may be for a single user or multiple users at the same time. They may be stand alone or multiple user and they are used and exited on ground level. These components could include:  swing sets, slides, see-saws, and diggers. At least one of each type of play component must be on an accessible route.                                            

Rocking Component

                             

One Type of Swing

Component for Multiple Players 

                                                                                                                             

Single Participant Slide

                                                                                                                                                                  

Multiple Participant Slide

   

                4.  Elevated Play Components:  This type of component are ones that are accessed                          either above or below grade. 50% of all elevated components must be accessible

                     in a public playground.  Examples of elevated play components are shown below:

                                               

                                                                  

Type of Elevated Component

Type of Elevated Component

                  5.  The table, below, indicates the number and variety of ground level play
                       components that must be provided.

                                                                             

Accessible Routes both Ground Level and Elevated:

An accessible route is a route accessible to persons with disabilities including people who use wheelchairs. Ground level accessible routes connect to the transfer route to the elevated components. The elevated route connects components on a composite structure.

GROUND LEVEL ACCESSIBLE ROUTES:

A ground level accessible route must be 60 inches wide to allow two wheelchairs to pass.  The route may narrow to as little as 36 inches for no more than 5 feet to accommodate for natural obstructions like trees. The slope of the route may not exceed 1:16. Below is an example of a compliant accessible route:

                                                       

Ground Level Compliant Accessible Route

ELEVATED LEVEL ACCESSIBLE ROUTES:

The elevated accessible routes must connect entry and exit points of at least 50% of the play components.  The most common forms of connections to elevated components are ramps and transfer systems such as lifts.  The specifications of the rules are as follows:

• There must be a 36 inch clear width although a 32 inch width may be used for a two foot stretch to accommodate various features. 
• No more than a 12 inch rise per ramp run.
• The top of handrails must be a minimum of 20 inches to 28 inches maximum above the ramp surface

Below are two examples of elevated accessible routes:

                                           

                                                                       

Elevated Accessible Route

                                           

Elevated Accessible Route

Examples of Accessible Play Components:

From Boundless

Play Component

Play Component

Play Component

Play Component from Right to Play

Play Component from Right to Play

Play Component from Right to Play

These are just a few examples of accessible play components available for disabled children.  There are hundreds of manufacturers of various equipment.  

What we are recommending is two-fold

1.  The city of Elkhart begin to access its playgrounds and develop a plan with the disabled community to begin implementing accessibility to our playgrounds over time.This should have been done years ago but we must start somewhere

2.  Begin a Campaign to develop and construct a first-rate all inclusive playground in Elkhart.  We will begin to ask for donations soon when our new website is completed with its e-commerce capabilities.

If you are interested in assisting us get this started, please get in touch by either email 

Elkhart Advocacy

You may also call Rick at (574)606-6845

Also please sign our petition to the Mayor and the Common Council and tell them we want accessible playgrounds for our children.

THE LINK TO THE PETITION SITE IS BELOW

We Want Accessible Playgrounds

If you want to make a donation toward an all inclusive playground in Elkhart, go here:

Build An Accessible Playground

                                               

WHAT MAKES PEOPLE DISABLED?

What Really Makes People Disabled?

This article is for people who are not disabled.  A disability is not caused by the physical, cognitive, intellectual or other issues that a person may have.  A disability is caused by the culture (government, business, and individuals) who place unnecessary barriers in the community which prevent many from living a full life or whose utter indifference to the needs of the disabled restrict our ability to fully participate in community life.

People with 'disabilities' tend to be unemployed.  Unemployment of the disabled is not an issue of inability to work, but an issue of business and government being unwilling to hire people with 'disabilities.' Most people with 'disabilities' can work at some job but everyone is able to contribute to the society.  The Disability Compendium online organization has estimated that overall in the United States, the unemployment rate for the 'disabled' is over 65%  The unemployment rate for people with physical or intellectual issues is over 75%  The primary reason for this is Ableism.  Businesses and government mostly do not follow laws designed to make work more accessible for people with 'disabilities.'  Using myself as an example, I worked for 40 years before becoming disabled and the only job I was able to find was a part-time job for $7.80/hour.  After working at the job for two weeks, the employer added additional and non-essential duties requiring more physical tasks.  It is one of the ways, businesses discriminate. 

Have you noticed that often few people with 'visible' disabilities are out and about?  There are reasons for that.  Here are some of them:  inadequate accessible transportation, inadequate accessible parking, unnecessary physical barriers, lack of needed adaptive tools (interpreters, braille signs and material), lack of accessible and affordable housing,  stigma and reaction from the public, poverty, and much more.  These are the major causes of disabilities, not some physical, intellectual or cognitive difference.  I have found hundreds of violations of ADA (Adults with Disabilities Law) in Elkhart, Indiana.  Virtually no meaningful effort has been made to correct this although ADA was passed 26 years ago.  Here are some other statistics from the Disability Compendium that help to explain.  Almost 29% of the disabled living in the community are living under the poverty levels.  A person 'lucky' enough to get a job makes on average 32.2% less than non disabled workers.  Almost 60 million US residents are disabled.

One of the most disturbing issues is that even today under certain circumstances, people with disabilities are allowed by law to be paid sub-minimum wages.  People with disabilities in these situations often earn as little as 11 cents an hour.  Movements have begun nationwide to end prison slave labor and low tipped worker wages which must be changed.  But when attempts are made to get support to repeal the law in the 1938 Fair Labor Standards Act that allows sub-minimum wages for the disabled,  CRICKETS.  And yes I am also speaking to you ---- local unions. 

We could all but end disabilities tomorrow if the culture had the will.  I have asked many times for the city of Elkhart to state how many or what percentage of persons are employed by the city who are 'disabled.' SILENCE.  

IT IS LONG OVERDUE TO DEMAND THAT DISABILITIES CAUSED BY THE CULTURE BE ELIMINATED.  

WE ARE NOT VICTIMS OF SOME INTERNAL DISABILITY; WE ARE VICTIMS OF THE ABLEIST CULTURE AND THAT MUST BE CHANGED.

If you are interested in helping us move forward, please call Rick at (574) 606-6845 and please go to the Elkhart Advocacy for the Handicapped and Disabled facebook page to keep up with the latest information. 

Disability Discrimination Issues in Elkhart

Examples of Some of the Issues in Elkhart, Indiana regarding disability discrimination

Inaccessible Lerner Theatre in Elkhart, Indiana

For More information, click on the link, below to watch a video

Being Disabled In Elkhart, Indiana

ISSUES:

• Access to the Lerner Theatre:  Note the picture above is the front of the Lerner Theatre in Elkhart on Main Street.  The doors which are visible are automated as required by ADA and other laws, however, the theater keeps those doors locked.  No explanation has been given for this violation, despite repeated attempts to get the city to cease this practice.  Those with mobility and other difficulties rely on automated doors to independently access the theater. 

• Lack of Accessible Handicap Parking:  Parking near the Lerner Theatre is inadequate and results in many disabled persons being unable to attend events at the theater. Parking in the Civic Plaza parking lot across the street on Franklin is not accessible to many because of the steep grade required to go from the lot to the street.  The parking lot is well below street level and therefore all handicap parking spaces there are not compliant with ADA. The theater seats over 1,700 and the Crystal Ballroom inside the building seats over 400.  There are far too few accessible parking places near the theater.  We have repeatedly asked the city to provide Valet Parking so everyone can enter.  The city continues to refuse to accept this suggestion.  This is a relatively simple and inexpensive solution.

• Exclusion from Community, City and State Planning Meetings:  The city continues to host many community planning events at the Lerner Theatre which is inaccessible to many in the disabled community and others with handicapping conditions. Vibrant Communities, the Regional Cities Initiative and many other planning events continue to be held at the theater effectively excluding the disabled community resulting in 1) exclusion of input from the disabled community and 2) guarantees the continued indifference to the needs of the disabled by the lack of inclusion.  Although not as serious, the fact that many in the disabled community cannot attend the Lerner Theatre entertainment events is no less discriminatory

• Non-compliant Handicap Parking on City Property and Streets:  Dozens of handicap parking spaces in the city are not compliant for a variety of reasons.  

• Non-compliant Handicap Parking in Private Lots:  Non-governmental, business entities are also required by ADA to provide handicap parking that meets stated standards.  We have visited at least 75 private lots in the city limits that have absolutely no handicap parking in the lot. This is a major violation and makes it difficult for many with disabilities to access these businesses.

• Elkhart ADA Committee:  The city has an ADA committee which does not include any disabled persons when last checked.  How can a committee entitled "Adults with Disabilities Act" Committee not have any people with disabilities represented?  This is outrageous.  In addition the meetings are not open to the public.  This lack of transparency is stunning.

• Lack of Representation on the Human Rights Commission:  People with disabilities, who represent 18.7% of the population nationwide, are supposedly protected by the city Human Rights ordinances.  However, at last review, none of the 5 member committee were disabled.  More deliberate exclusion from city activities and planning.

• Inaccessible Parks and Playgrounds:  The city and other entities sponsor several activities throughout the year but most are out of reach for many with disabilities or other handicapping conditions.  Accessibility for these events does not seem to rise to even an after-thought.  Simple and inexpensive solutions can be made to make these events more accessible but the city continues is exclusion of the disabled.

• Lack of City Employees who are Knowledgeable of ADA law:  The woefully lacking and non-compliant attempts by the city to provide handicap parking is evidence of a lack of knowledgeable staff.  An ADA Coordinator has been appointed in accordance with ADA law but to the best or our knowledge has no training in ADA or any of the other many disability rights laws. ADA Coordinator online courses are available via the National ADA Centers, but the city has not taken advantage of this.  The ADA Coordinator is supposed to be aggressively pursuing compliance with ADA and communication with the disabled community.  This is simply not happening.

• Inadequate Public Transportation:  The Inter-Urban Trolley has added several new buses but the routes are few and do not cover enough of the city to be useful to many disabled folks.

• Inadequate Affordable and Accessible Housing:  A survey conducted during the summer of people in the Elkhart area with disabilities identified this as the #1 need in Elkhart.  However, instead of working to provide more accessible and affordable housing, the city is planning to expand luxury apartments which are not needed and cannot be sustained in our opinion.

• Lack of Employment Opportunities for Persons with Disabilities:  Nationwide, the unemployment rate of people with disabilities is just over 65% and those few who can find jobs are paid an average of 32.2% less than able bodied people. We have seen no effort by the city to recruit and hire qualified disabled persons.  

• Lack of Access to City Court and Common Council Meetings: Both City Court and the Common Council chambers are located in the City Hall.  City Hall is not fully accessible to some people in motorized wheelchairs.  When entering the building, one must travel downstairs in a platform lift with a weight limit of 750 pounds.  The lift is too small for many motorized wheelchairs to use as is the elevator on the lower floor.  In addition, the weight of the motorized wheelchair and the person might well exceed the weight limit.  The building is old and we cannot and would not recommend renovating it to allow better access, but the city is obligated to move the Common Council Chambers and the City Court to a more accessible venue.  

• Refusal of the Lerner Theatre to Refund Tickets to Persons With Disabilities Who Were Unable to Attend Events they have Bought Tickets For:  Self-explanatory and blatant disability discrimination.

• Alternative Communication Resources:  The following services are not provided to the best of our knowledge by the city and Lerner Theatre despite being required by ADA.  Although the city has made efforts to make events more enjoyable at the Lerner Theatre for those who are hearing impaired, we have not seen any effort to provide interpreters for the deaf.  Braille programs and other official documents are required to be provided.  We have not seen this happen either.  Rooms are supposed be identified with Braille so the blind can find there way independently. The city does not appear to have a TTY phone service for the deaf which is a major ADA violation.

These are just a few of the hundreds of issues the city of Elkhart has not addressed.  The result of these discriminatory practices against the disabled is profound isolation and and exclusion of the disabled community.  

This can no longer be tolerated.  We have contacted some of the members of the common council and other political 'leaders' in Elkhart and asked for support.  We have received not one response from either party.  This is blatant discriminatory indifference. 

Please contact the Mayor and Common Council and others and demand that the city begin to seriously address their non-compliance with federal, state and local laws.  

For more detailed information and images check out the following website:  

Elkhart Law Suit

In addition watch the video by clicking the link entitled "Being Disabled in Elkhart, Indiana"