The location I have chosen to report on is Beverly’s Old Fashioned Ice Cream Parlour and Arcade in Little Egg Harbor, NJ. It is a small, privately owned, family-oriented and 50’s style parlor that serves ice cream and candy to the local community. It is located at the end of a strip mall on a main road and was originally a small bank before it got converted into its present usage. Consequently, because of its original design the shop also utilizes the original drive through like a typical fast food restaurant for people to get ice cream on the run. Being less than 3 blocks from my home I visit this establishment frequently with my family as it is very accommodating and family friendly.
Before we examine the building in detail we must first understand the Americans with Disabilities Act of 1990. This act prevents discrimination on the basis of disability in many ways such as in employment, public services, public accommodations and telecommunications. In order to be in compliance with Title III of ADA, all facilities of public accommodation, both existing and new, must not in any way discriminate against people with disabilities in regards to accessibility, and any types of architectural barriers that prohibit access must be removed if it can be done “reasonably”. Under Title II “state and local government agencies are responsible for adhering to the architectural standards for new and existing facilities covered in Title III”. (Hulet, 2009). Since discrimination based on disability is another form of segregation this act really is in essence the continuation of the Brown v. Board of Education of Topeka, Kansas case which made segregation in all public schools unconstitutional and therefore all segregation illegal (Hulet, 2009). This landmark case set the stage for future legislation like ADA and IDEA. It also “opened the door of opportunity for all individuals with unalterable characteristics to receive the full protections of the 14th Amendment” (Hulet, 2009). Keeping this in mind and trying to be objective, before entering the building I noticed several things that immediately grabbed my attention. First, at the far corner I noticed a small ramp, approximately 2 to 2 1/2 feet wide and on a very small incline with a railing on the one side. This ramp makes accessibility easier even though there is a very low curb less than 1” high that a wheelchair could probably get up with little difficulty. Also, the ramp and side walk are well maintained and in good condition. There are no steps or any other barriers to entrance. One major flaw I did noticed however is that, despite the generous amount of parking spaces there is no visible handicapped parking signs in front of the parlor. Upon further inspection I did locate the handicapped parking spot but it is located on the side of the building. Located only about 20 feet away, the problem here is that the person has to cross over the drive through area to gain access to the ramp. I would recommend putting a handicapped parking space in front as well. Also, in front of the building, the parking curb stops are very close together, approximately two feet apart, which made me question how difficult would it be to get through them from the parking lot with a wheelchair.
Before entering the shop you must travel through 2 separate doors, a double door at the outside entrance to the foyer that opens wide and then a large, heavy, single door into the parlor. There are no automatic door openers and I immediately thought of how universal design would be beneficial here to open these doors. Since this building was built prior to the Americans with Disabilities Act of 1990 it only has to be retrofitted or modified if there is a request or complaint made by someone in the local community with a disability who is seeking access to the building. Being a small business in a seasonal town it is not as exposed and frequented as much as a larger retail store in a higher population area so statistically the chances of such a request are lower. But despite the heavy doors, once you enter the ice cream parlor you immediately notice the bright colors, the shiny chrome tables and stools, the neon lights, the chatter of the customers and the loud music coming from the jukebox. Although the atmosphere is warm and friendly, for a person with a sensory disability this place could be a little overwhelming on a busy night where the place gets packed, but on a typical day when not too crowded it is fairly calm and spacious. I had reservations at first of taking my youngest son with autism there with the bright lights and loud music fearing it would be uncomfortable for him but fortunately they can lower the volume and he hasn’t had any issues. We now go there at least once a week as both my children like the environment and the staff is very patient with children and accommodating to their patron’s needs.
Once you walk into the parlor there is ample room between the door and the counter and before the eating area begins for movement. The counter with the cash register was something I noticed to be a little high, approximately 42” high. It appears as high as the bar counter in your typical pub with 8 stools and bright, pink neon lights on the underside of the counter. There are various items on the counter like condiments and various candies for sale that would be difficult for a person in a wheelchair to reach. Fortunately, all items were available by request at the tables and each table was stocked with condiments and napkins. To make it more accessible, I would consider lowering the counter at least 6” to make items more reachable. The menu board was against the far wall approximately 6-7 feet behind the counter and above the drive through window. It is a white dry erase board up against the ceiling written in small, colorful print and very difficult to read. I immediately thought how someone with a visual impairment would be able to read it. I also noticed that there were no Braille signs anywhere in sight. Next to the white board but about 2 feet closer and much easier to read is another board that lists the available ice cream flavors. After a minute of squinting the cashier asked if I would like to see the menu and read the daily specials off the white board to me. The handheld menu is straightforward with its flavors, no technical jargon and good size print for a person with visual or cognitive disabilities. Considering that the staff is very friendly, patient and accommodating it would be relatively easy for people with disabilities to make and get their order, but to make it more accessible I would lower the menu board, eliminate the harder to see colors and enlarge the print.
The dining area consisted of 8 tables with 4 chairs to a table. The area between the stools at the counter and the tables was a little tight, probably about 2 feet, but not as tight as it was between the tables. Although the tables were decent in size and comfortable in height for a wheelchair, they were packed together with 3 structural support pillars in the middle of the room. This made for navigation between tables and around the perimeter somewhat difficult if there are patrons at the tables. Due to the small size of the building, the owners apparently have tried to maximize their serving potential. Considering the difficulty in eliminating the structural supports, I would suggest eliminating a table to allow for more space for navigation. Fortunately if needed, the parlor also had 2 rooms that capable of being reserved for birthday parties and other private events. The doors to each room were sufficient for wheel chair access and the one room had 2 large picnic style benches and a good amount of room for movement and accessibility. The other room had one table and chairs and lots of room for movement and accessibility. There is also a video arcade with video games, a pinball machine, an air hockey table and a Skee-ball game separated by a knee wall. The opening to this room is wide and easily accessible as the games are packed next to each other but with ample room for people to play. I really liked the fact that they had a small stack of empty milk crates for smaller children to stand on to play the games. I think this is a good accommodation for anyone who needs it. I also thought about the knee wall and how beneficial it is as a parent to be able to sit down and eat and easily see over and watch your children play close by.
Considering the dining areas and video arcade, despite the size limitations and restrictions, this ice cream parlor is somewhat easily accessible. It wasn’t until I got up to use the restroom did I notice more serious problems. To get to the restrooms you have to travel down a long L shaped hallway that appears to be narrow with a sharp turn. It seems possible to get down it with a large wheelchair but it is appears like it is going to be tight. Once you get to the end there are two bathrooms, men’s and women’s, each labeled respectively by images. There are no clearly labeled words or Braille to differentiate the two. Upon entering the men’s room I noticed that the bathroom was not ADA compliant. The first thing that grabbed my attention was the lack of grab bars located anywhere in the room. Secondly, the toilet looked like a standard, residential toilet approximately 14-15” in height, not the 17”-19” high toilets usually required by ADA. The bathroom looks like a regular, residential bathroom with a sink and a toilet, not your traditional looking commercial bathroom. Although the room and door are on the smaller side, it is sufficient for someone with a disability to enter. To make this place more accessible I would definitely change the toilet and add the necessary grab bars.
Overall, with a few exceptions, Beverly’s is pretty easily accessible for people with disabilities and great place to take the family. This establishment clearly tries to be open and accessible and promotes itself as a family oriented establishment. It offers various packages for birthday parties even one that includes pony rides. I like the fact that they try to make your experience as enjoyable as possible and the staff is constantly asking if you need anything. According to Title III of the Americans with Disabilities Act, any person with a disability should be able to have full enjoyment and accessibility of the “goods, services, facilities, privileges and advantages of any privately owned public accommodations” (H. Hopkins, lecture, July 17, 2010) and according to the 14th Amendment of the U.S. Constitution all citizens are guaranteed the rights of life, liberty, property and equal protection under the laws (Hulet, 2009). What these laws mean is that a person with a disability should not have their access to a place of public accommodation denied by anything, not by people or by architectural barriers. But these laws do not only apply to patrons but also to employees as well. According to Title 1 of the ADA a business is prevented from discriminating against employees with disabilities in terms of the conditions and privileges of employment if they employee 15 or more individuals and requires that they receive reasonable accommodations. What this means is that an employer cannot deny any reasonable accommodations to the known physical or mental limitations of disabled employees and must provide “the same levels of access and opportunity to qualified individuals with disabilities as they do to those without disabilities” (Hulett, 2009). It is the responsibility of the EEOC, the U.S. Equal Employment Opportunity Commission, to enforce this section (Hulett, 2009). Unfortunately this establishment would not classify under this provision as they only employ a small handful of staff. I think this aspect of the law needs to be changed in order to create a more inclusive community for everyone, workers included. I don’t believe it’s fair that all because there are less than 15 employees that a person should be discriminated against. What if one of the staff had a disability? Because there are less than 15 employees that person is not “qualified”? What if the worker who was disabled had to use the bathroom? Are they getting the access that they need? If a patron with a disability is required to have access and a qualified employee can have reasonable accommodations then why can’t an employee with a disability who works at a place with less than 15 workers have the same privileges? If we truly seek to live in an inclusive community free from segregation where all people in our community are valued than all people, regardless of disability or number of employees, should share in the same benefits and privileges.
