SARASOTA – What classifies a restroom as wheelchair accessible?
“It’s such a nightmare to use the restroom that I don’t,” Tina Cyr said. “And, if I have to go, I try to hold it. Because you either can’t get in the bathroom, literally, or you can’t get out.”
Tina Cyr is a wheelchair user because she can’t hold her own weight. She has Peripheral Neuropathy, which means she can’t feel her feet.
Cyr struggles with getting in and out of restrooms to the point where she has had to ask for help from a stranger.
“It’s so humiliating and degrading,” Cyr said. “You know a bathroom is a private thing, and when you have people come in the bathroom that you don’t even know and lift your chair to move it’s just humiliating. And we try to be as independent as we can.”
When it comes to wheelchair accessibility in the restroom, ADA compliance needs to be followed on the part of the business. The Americans with Disabilities Act of 1990, is a civil rights law that prohibits discrimination based on disability.
“Going into the bathroom, it’s gotta be 32inch door width, with the door at a 90-degree angle,” Owner and Managing Partner at Anderson Law Group, Daniel Anderson, said. “I think one of the most important is the maneuvering requirement; there has to be a 60 by 60 inch or five-foot clearance maneuvering area in a multiuser bathroom.
Angela Haupt, has a specific wheelchair designed for her legs to remain up.
“It seems like you can’t go anywhere when you have your legs out like this all the time,” Angela Haupt said. “There’s no way you can get into a bathroom.”
So, what does this mean for those with different types of wheelchairs?
“It may be more difficult for some than others,” Anderson, said. “But the ADA doesn’t really make a distinction based on the mobility device, it makes a distinction based solely on the dimensions that a business owner is required to ensure that they comply with.”
If someone has an issue, with specific ADA compliance in business, Anderson says they need to reach out to a lawyer who knows about ADA compliance.
“Congress, when they enacted the ADA, intended for individuals to be their own private attorney generals, so to speak, to ensure compliance with the law, that’s why we have so many different ADA lawsuits,” Anderson said. “So, there is no ADA organization or governmental entity that I’m aware of, that will conduct an inspection. The county will conduct an inspection when they issue their certificate of use or occupancy.”
If a business is not in compliance, they can be sued. So, Anderson encourages businesses to check their ADA compliance.
If you want more details on what qualifies as ADA compliance, you can visit ada.gov.
