According to Title III American’s with Disability Act of 1990:
No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.This landmark statute in American Law guarantees the rights to the hundreds of thousands of Americans disabled in various ways throughout the country. Unfortunately, many establishments publically serving patrons have multiple clear violations of this law.
Before entering The Last Drop, I noticed the first and most egregious violation of the law. There is only one way to enter the building for customers and it includes a fairly steep step of about one foot high. There is no way a motorized or pushed wheelchair could navigate those steps without the help of another person. This makes entering the restaurant exclusive to able-bodied persons, violating the ADA (1990). This is rather ironic since, built squarely in front of the corner store’s entrance, is a cut out curb with slip proof concrete.
The interior of the Last Drop is rather dark and dimly lit. This is indeed done on purpose to coincide with their atmosphere. Despite the low overall light, pendant lights did hang above certain tables. Since the coffeehouse doesn’t guarantee a place to do work, and only to eat, this would be sufficient lighting for a restaurant.
The sound inside of the establishment is usually decorated with a low-key music that doesn’t interfere with one’s thoughts or personal space. Much studying and reading is done at the coffeehouse and the particular jazz music seemed to support the senses. I did find this to be helpful of anyone who might be sensitive to sounds and in need of a quiet place to eat.
Ordering food at the coffeehouse could prove to be a burden. The menus are handwritten on a board overhanging the front counter. Further food items are in a case with cursive handwritten labels attached to them. In the dim lighting surrounding the coffeehouse, I found myself straining to see the items for sale. Even though I did not ask, I am quite certain that there are no picture menus available. Although this is an inconvenience for a person with either a reading disability or visual impairment, this isn’t in violation of ADA. As long as someone is readily available to read the menu to you, it is considered accessible (United States Equal Employment Opportunity Division, 2008). The counter area and seats are low enough for an accessible wheelchair, however the area where cutlery and condiments are stored is far too high to be reached by someone seating. Furthermore, much of the pastries and other dry goods were stored on the counter on displays to high to be seen from a chair.
In terms of mobility, there is sufficient room to move about the top floor of the coffeehouse by someone with braces or walker. Navigating about the top floor is easy, but accessing the bottom floor would prove to be troublesome with one simple bar as a railing. Normally, this wouldn’t be a violation of law, since an establishment is only required to provide access and service to its building and not to every section (H. Hopkins, personal communication, July 20, 2010). However, the bathroom is located on the bottom floor, which requires travelling down a flight of stairs that has a very flimsy one-sided railing. Furthermore, the two bathrooms located on the bottom floor have no accessibility features like a railing, and barely enough room for one person let alone one person and a walker. They is no ventilation in the bathroom and reminded me of a dingy bar’s bathroom, rather than a coffeehouse.
Another unfortunate part of the rather roomy downstairs area was that there was a sign indicating that it was the smoker’s lounge. Although the restaurant did not go out of its way to guarantee the rights of a person with impairments, it did provide for an area where one could smoke cigarettes illegally.
Overall, I am disappointed in The Last Drop. It proclaims to be a community coffeehouse, one which is located right next to a LGBT community that welcomes peoples of all different stripes. In fact, they proudly display a framed article from a newspaper stating that The Last Drop is keeping alive the community and by supporting them customers are actively fighting against Starbucks’ proliferation in the community. However, the Starbucks down the same street includes ramps, well-lit areas, accessible seating, accommodating staff, and accessible bathrooms. Although the ADA, being a national law, has guaranteed the right’s of Philadelphia citizens, enforcing it, unfortunately, requires that someone bring litigation against it (H. Hopkins, personal communication, July 20, 2010). As stated in Wikipedia (n.d) in order to bring about litigation, one must have legal standing. This means that an able-bodied citizen cannot force them to comply. A person with a disability must bring about corrective action themselves.
Most of the time, people with disabilities, begrudgingly accept the limitations imposed on them. It is not worth their time and effort to fight every facility that does not comply. I do not suggest that every small business go through the hardship of installing elevators or redoing a storefront. That would definitely place undue hardships on business owners. However, to provide for a more inclusive community, one that guarantees the rights of all people, we must start fining those who do not do the minimum. You would not see someone parked in a handicapped parking space due to the hefty fine that would be levied. This procedure needs to be instituted for buildings out of code. Having a ramp installed, is without question, the minimum and should have been accomplished already. The ADA laws have been in place for 20 years. Change has already come.
