| Still Stuff Left to Do by Therí Pickens |
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| Written by Foresight | |
| Wednesday, 13 February 2008 | |
![]() I was wallowing in poverty this month, so I wsn't planning on ordering anything. I was banking on my friend to order something. I had actually bought something to eat in lieu of ordering my own food. I asked beforehand if it was okay (fully expecting a "no") and the young waitress said – while frowning up her face – that it was okay as long as my friends ordered something. She kept saying that the manager wouldn't like it. The manager this, that and the third. Problem number 1: It gets cold inside. We obviously can't go upstairs because I'm disabled. So, we ask about the heating situation. She first tells us that the manager turns it on and he's not there. We ask if that can be rectified by calling the manager. (After all, it seems absurd that a manager would leave a café without all the keys needed to make it operational.) She pauses and then she laughingly says, "We have no heat" and offers to turn on one of the outside heating sources which is currently sitting three feet away from us. After about 20 minutes, we ask again about the heating. She tells us that someone is coming. Then, 15 more minutes pass and, only after prompting, does she tell us that she can't turn on the heat because the manager is not there. [The problem is mixed messages. Say what it is. It is what it is.] Problem number 2: Given my earlier interaction with her, I jokingly respond: "Y'all need a night manager." She rejoins an incredulous 'what?!' and then proceeds to tell me that she's the night manager and that she's the one making these decisions and doesn't want to be liable for turning on the heater. [Mixed messages. Pass the buck thinking. If you want to be in charge, you take responsibility for the good and the bad. You certainly don't mislead the customer and tell them that a manager is not present when you are the manager.] Problem number 3: She turns to my friends and proceeds to explain that it is hotter upstairs but we can't go upstairs because we're not dining customers. When my friend explains that they have had meals, she says, in reference to me, "She ate something she brought with her." When my friends also emphasize that we can't go upstairs because I am disabled, she hastily adds that she knows. [The problem is twofold: First, it is one of infrastructure. You should not have an establishment where the restroom is upstairs and there's no elevator or lift. You should also not have an establishment where the heating is inadequate on the downstairs part. You prohibit your disabled (whether temporary or permanent. There was one young man on crutches), your elderly or your fatigued patrons from enjoying their time. As for the heating situation, it does not matter whether it is California or not. It gets cold here as well. Second, the problem is one of dismissal. The young lady referred to me as 'she' while I was sitting there. She also was loathe to notice that our desire to go upstairs was irrelevant; she ignored the fact that I am disabled and was sitting in a scooter.] I was glad that I had not spent my money there. I was glad that soon thereafter I decided to leave. If I were reading this as a short fiction, I would wonder why the disabled character did not speak to the waitress. I would also wonder why the friends did not leave as well. I would wonder about the aftermath. But, there is a respectable gap between fiction and reality. It would be a pleasant fiction to believe that I could always play the role of educator, especially for the benighted masses roaming the streets unconscious of their ableist points of view. The reality is that, at that moment, I felt like a tired graduate student who simply wanted to study in a café with her friends near a bathroom at a comfortable temperature. In these moments, being cripple is such a salient reminder that there's a lot left to do. One thing I know about those who are discriminated against: You will never hate yourself, but there are times when being yourself is wholly inconvenient. Comments
(5)
There is definitely still work to do. This colorblind and class is what really matters rhetoric that we have been hearing is making things worse. There is no reason why this place shouldn't be forced to accomodate you! Sad...
Putting aside the rude/lying employee/manager, I'm not that familiar with the ADA, but it sounds like the fact that the bathroom is upstairs and unavailable to customers with physical disabilities, while available for those customers without disabilities, would be a violation. I know you say you're a tired grad student (I know how that feels), but this might be worth looking into...
true to both...
its that wanna be chi-chi (she-she sp?) cafe Novel on the corner of Gayley and Kinross (don't act like you didn't know I was going to call them out by name!) I might give a call to the ADA people in the city...
by the way, thanks to my girl C.O. for giving that waitress/manager/I-wanna-be-PYT a stern talking to.
Also they have this thing called "attorney of the day" where one lawyer at the main DC office is responsible for answering questions but not giving legal advice. They are often very useful and they will often consult with other specialists to get people answers. In the summer, after a month of training, they will let interns take a crack at it, so you may want to try in the non-summer months if you want a real EEOC lawyer to answer the call.
I think this is the phone number http://www.eeoc.gov/contact.html Copyright 2007. All Rights Reserved. |
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