Jenna was a blast to photograph...willing to do anything and no retouching required! These shots were taken downtown in Berkeley Springs. So many possibilities in town, so I think we'll go down again soon. Thanks Jenna!
Sunday, December 7, 2008
Jenna's session
Jenna was a blast to photograph...willing to do anything and no retouching required! These shots were taken downtown in Berkeley Springs. So many possibilities in town, so I think we'll go down again soon. Thanks Jenna!
Wednesday, December 3, 2008
I'm taking the higher road...but it's not easy.
Ok, so this isn't related to my photography but my other passion...individuals with special needs. I've copied each of my letters that I submitted to my local newspaper. What I haven't posted is the rebuttal letter from someone stating that I'm wrong in what I stated on the first letter. I stand by what I've said and plan to submit my second letter to the newspaper first thing tomorrow morning after a call to the Dept. of Justice. I really had to delete much of what I really wanted to say...hope the message still hits home.
Letter #1
Dear Editor,
During a local trip with several of my students, I was unexpectedly frustrated. Upon arriving at the popular recreation facility, I witnessed one of my students, who uses a motorized wheelchair, struggling to sit in a manual wheelchair. The wheelchair did not provide the physical support for him to comfortably remain upright, and, therefore, incredibly fatiguing. He did not fully participate in the activities because he was exhausted and in pain. Sitting in the back, my student watched everyone enjoy themselves while he patiently waited to return to school. Why couldn’t he use his motorized wheelchair? His mother had no choice but to bring the manual wheelchair because there wasn’t a ramp for him to drive his motorized chair.
Initially, I wanted to show the owner of the facility some understanding since providing accommodations for physically disabled individuals can be time-consuming and expensive. This sentiment was short-lived. It has been 18 years since the Americans with Disabilities Act (ADA) of 1990 was passed. I’d say that the owner had more than enough time to ensure that the establishment was physically accommodating.
This is unacceptable. This is discriminatory. This is against the law. Title III of the ADA states:
“Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements. Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation's resources.”
I am reminding all local establishments that Title III of the ADA “covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by title III.”
Contact the U.S. Department of Justice, Civil Rights Division, at (800) 514-0301 or visit www.ada.gov for more information.
Letter #2
Dear Editor,
It is unfortunate that I am compelled to substantiate my “well-intentioned but inaccurate, misinformed, and misleading” letter as stated by XXXXX’s rebuttal letter on December 3rd. It was not my intention to split hairs about the intricate legal loopholes and mandates but to bring light to the fact that each establishment must ask themselves if they are providing opportunities for everyone to enjoy our wonderful community. It is upsetting that complicated laws must exist to compensate for the indifference that is too often encountered by individuals with disabilities.
Although an event at a recreation facility in Morgan County was the impetus for my letter, my point should have served as a reminder to all public establishments to complete a responsible self-assessment to ensure compliance with Title III of the Americans with Disabilities Act.
I agree with XXXXX that the ADA’s application is very complex and I assert again that a visit to the Department of Justice’s website (www.ada.gov) is essential to determine what is lawful in relation to each establishment’s circumstances. That being said, the statement from Mr. Braun that “preexisting construction (before 1992) is, in effect, generally ‘grandfathered in’” is erroneous. There is no such Grandfather Clause in the ADA because all public and private entities no matter how old or their purpose, are required to comply by some means (i.e., removal of barriers or by providing alternative methods to services). Although a preexisting building may be grandfathered according to a local building code, the ADA does not have a provision to grandfather a facility.
No one can be denied an equal opportunity to benefit from the “goods, services, facilities, or accommodations” of an establishment offering public accommodations. Because removing barriers can be simple in some cases and difficult in others, the regulations provide an cooperative approach to compliance. Barriers must be removed in existing facilities only when it is “readily achievable” to do so and therefore preexisting buildings do not have to meet the same standards as newly constructed facilities. Again, whether or not any of these measures is readily achievable for a particular business must be determined on a case-by-case basis. It is dismissive to assume that because a facility existed prior to 1992 that it is exempt from the ADA standards.
I am appreciative for the opportunity that this discussion provided to educate the community about the everyday challenges often endured by individuals with disabilities.
Letter #1
Dear Editor,
During a local trip with several of my students, I was unexpectedly frustrated. Upon arriving at the popular recreation facility, I witnessed one of my students, who uses a motorized wheelchair, struggling to sit in a manual wheelchair. The wheelchair did not provide the physical support for him to comfortably remain upright, and, therefore, incredibly fatiguing. He did not fully participate in the activities because he was exhausted and in pain. Sitting in the back, my student watched everyone enjoy themselves while he patiently waited to return to school. Why couldn’t he use his motorized wheelchair? His mother had no choice but to bring the manual wheelchair because there wasn’t a ramp for him to drive his motorized chair.
Initially, I wanted to show the owner of the facility some understanding since providing accommodations for physically disabled individuals can be time-consuming and expensive. This sentiment was short-lived. It has been 18 years since the Americans with Disabilities Act (ADA) of 1990 was passed. I’d say that the owner had more than enough time to ensure that the establishment was physically accommodating.
This is unacceptable. This is discriminatory. This is against the law. Title III of the ADA states:
“Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements. Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation's resources.”
I am reminding all local establishments that Title III of the ADA “covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by title III.”
Contact the U.S. Department of Justice, Civil Rights Division, at (800) 514-0301 or visit www.ada.gov for more information.
Letter #2
Dear Editor,
It is unfortunate that I am compelled to substantiate my “well-intentioned but inaccurate, misinformed, and misleading” letter as stated by XXXXX’s rebuttal letter on December 3rd. It was not my intention to split hairs about the intricate legal loopholes and mandates but to bring light to the fact that each establishment must ask themselves if they are providing opportunities for everyone to enjoy our wonderful community. It is upsetting that complicated laws must exist to compensate for the indifference that is too often encountered by individuals with disabilities.
Although an event at a recreation facility in Morgan County was the impetus for my letter, my point should have served as a reminder to all public establishments to complete a responsible self-assessment to ensure compliance with Title III of the Americans with Disabilities Act.
I agree with XXXXX that the ADA’s application is very complex and I assert again that a visit to the Department of Justice’s website (www.ada.gov) is essential to determine what is lawful in relation to each establishment’s circumstances. That being said, the statement from Mr. Braun that “preexisting construction (before 1992) is, in effect, generally ‘grandfathered in’” is erroneous. There is no such Grandfather Clause in the ADA because all public and private entities no matter how old or their purpose, are required to comply by some means (i.e., removal of barriers or by providing alternative methods to services). Although a preexisting building may be grandfathered according to a local building code, the ADA does not have a provision to grandfather a facility.
No one can be denied an equal opportunity to benefit from the “goods, services, facilities, or accommodations” of an establishment offering public accommodations. Because removing barriers can be simple in some cases and difficult in others, the regulations provide an cooperative approach to compliance. Barriers must be removed in existing facilities only when it is “readily achievable” to do so and therefore preexisting buildings do not have to meet the same standards as newly constructed facilities. Again, whether or not any of these measures is readily achievable for a particular business must be determined on a case-by-case basis. It is dismissive to assume that because a facility existed prior to 1992 that it is exempt from the ADA standards.
I am appreciative for the opportunity that this discussion provided to educate the community about the everyday challenges often endured by individuals with disabilities.
Tuesday, December 2, 2008
Word is starting to spread! I feel like God is putting the right opportunities and people in my path. I have quite a number of interested folks for photographs and even more that are helping to get my name out there. I truly appreciate all of the help and votes of confidence!
Just a quick blog tonight since I'm trying to capture my 14-month old as she meditates. Yes, she has learned to meditate, I'm convinced! She prefers to be buck naked...on my bed...in a salutation position while chanting "unnn...unnn...unnn." It's absolutey histerical. Gotta love the simple joys.
Enjoy the very old photo of Sam and I...6 years ago!
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