A protest was led Monday night by the Southwest Center for Independence to bring attention to the lack of accessibility at some establishments in Durango.
The Volunteers of America Community Shelter, Backcountry Experience and Conoco at Ninth Street and Camino del Rio were all targeted by the center for failing to meet requirements of the Americans with Disabilities Act, said Jason Ragsdell, independent living program manager for the center.
“We were celebrating the 26th anniversary of the passing of the ADA,” Ragsdell said. “The way we chose to do that was to point out some of the blatant (examples around town) ... that were discriminatory.”
The “celebration” came in the form of spray-painting stencils depicting a person falling out of a wheelchair with the words “no access” at locations where the group said violations were found.
Chalk-based spray paint was used, which can be removed with water, Ragsdell said.
Such protests are a function of the center, which is federally mandated to advocate for people with disabilities, including access issues.
But actions such as Monday’s protest have troubled some organizations.
“Like anybody that’s having a protest happening in front of their agency or business, they wished we would’ve just approached them and bring it up in a discussion, but we are doing this so we can bring attention to the issue,” Ragsdell said.
Volunteers of America, which collaborates with the center, was especially disheartened.
“I’m disappointed that a partner agency that we work so closely with would take the route of putting on a protest rather than bringing their concerns directly to myself or my staff,” said Rachel Bauske, division director for Volunteers of America in Southwest Colorado.
Conoco was targeted for lacking wheelchair access to the store and bathrooms. The gas station notified police that it had been tagged with graffiti.
The Durango Police Department is investigating, said Lt. Ray Shupe. The department does not take a stance on protests such as these as long as “protesters assemble peacefully and lawfully,” he wrote in an email.
Ragsdell took full responsibility for the incident.
“It’s a pretty blatant violation of a 26-year-old law,” he said, referring to the ADA law, “and I am more than willing to talk with the Police Department regarding that.”
A spokesman for Conoco did not return a phone call requesting comment.
The homeless shelter was targeted for its written policy that states clients must be able to navigate stairs to register and use a special “respite room,” which provide long-term shelter for individuals who are recovering from medical issues.
Bauske said that is simply not true.
“We do not require somebody to have to go upstairs in order to access services at Volunteers of America,” Bauske said.
Ragsdell acknowledged the respite rooms are ADA accessible, but he said the written policy is what was under protest. The policy reads patients must be “self-sufficient (able to maintain personal hygiene, navigate stair (sic), manage own medications, change and maintain own bandages).”
Bauske said there needs to be better communication between the shelter and the Southwest Center for Independence, and she plans to follow up with the agency’s director.
“It makes our communication as partner agencies look really poor,” Bauske said.
Backcountry Experience was nailed for the placement of a bike rack in a handicap parking space.
The bike rack forces vehicles to park in other sections of the parking lot, which are steeper and can be hazardous for people who are disabled when loading and unloading, Ragsdell said. In fact, Ragsdell fell out of his motorized scooter Monday night while protesting at Backcountry Experience, he said.
Backcountry Experience did not return phone calls Tuesday seeking comment.
The center hopes Monday’s protest will push the establishments to take steps toward accessibility by taking advantage of resources available to them, he said. One such resource is the Accessible Communities Team, or ACT, which is funded by the city of Durango and matches expenditures up to $2,000 for improvements made to increase accessibility.
Last year, the ACT matched almost $20,000 in improvements, said Tim Walsworth, executive director of the Downtown Business Improvement District.
There also are tax write-offs for accessibility improvements, but the larger incentive should be the need to meet the law, Ragsdell said. “There is a 26-year-old law on the books that says you are required to make these improvements,” he said.
ADA, which was passed in 1990, “prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, state and local government services, public accommodations, commercial facilities and transportation,” according to the act’s website.
“Property owners have to do everything to adhere to those rules, or, at the very least, make reasonable accommodations,” Walsworth said.
Sometimes this is easier said than done, though.
“It’s a challenge to make some of these older, historic downtown buildings fully ADA compliant,” he said.
But Walsworth’s organization, along with the Southwest Center for Independence, Adaptive Sports Association and Community Connections, heads up ACT to help make businesses at least accessible if not fully compliant, he said.
In addition to the matching of funds for improvements, ACT also pays for a consultant out of Pagosa Springs to come and assess businesses and make suggestions on how to meet requirements or provide accessibility.
These modifications can range from widening aisles, installing ramps, and, in extreme cases, providing elevator access, Walsworth said.
Monday’s protest is not the first time Southwest Center for Independence has protested accessibility in Durango. The center has been involved in efforts to promote community feedback sessions and had a hand in the Multimodal Master Plan, Ragsdell said.
“When they make improvements to the city, we are going to make sure they are accessible from the start,” he said.
In May, a Florida man, who is not associated with the Southwest Center for Independence, filed several lawsuits against small businesses in Durango for alleged ADA violations.
Luke Perkins is a student at Fort Lewis College and an intern at The Durango Herald. He can be reached at lukep@durangoherald.com.
