Elaine Harris Spearman Commentary: Make sure growth doesn't leave some people out

Gadsden, like many cities of its size, is moving ahead at a rapid pace with some of the plans and proposals being touted by the new mayoral administration.

It is a good feeling to see the energy and the hope for great possibilities, for a very lovely city surrounded by mountains and dotted with lakes and rivers.

What is hoped is that the pace is not so fast that some who are deserving are not left behind. I refer to people who are aging and those with disabilities.

I have often heard Gadsden referred to as a “retirement city.” That could be for a myriad of reasons. As baby boomers age out, and others seek warmer climates with outdoor activities, that could be a part of the reason for an aging population.

Either way it goes, as new buildings are being built, and some buildings being altered and repurposed, attention must be paid to reasonable accommodations for the disabled.

The American with Disabilities Act become effective on Jan. 1, 1990. Amendments were added and became law on Jan. 1, 2009. These amendments added significant changes to the definition of disability.

The law is applicable to private employers with 15 or more employees, state and local governments, employment agencies, labor unions and agents’ employers.

What is offered here is a brief synopsis of the sections (titles) of the ADA. It is important because there are many buildings in existence, some not so old, that do not accommodate a large portion of the population.

Most people want to enjoy all of the activities a city has to offer. Some accommodations for the disabled are more reasonable than others. Some churches fail to consider those with disabilities. The areas are a second thought, which produces a feeling of second class.

There are all ranges of ages and circumstances that want to feel a part of life’s basic offerings.

One very real example is the Mort Glosser Amphitheatre. I have seen others struggle along with me with a veteran unable to utilize the steps and, later, impossible to move without a mobile chair or wheelchair.

The upper level that a disabled person could use is snatched up at about 4 p.m. on concert days. People line their portable seats along the wall, sometimes two deep, to watch concerts. There's no room for the disabled, nor is there any signage for disabled seating. Restroom facilities are less than useful.

People who are aging still want to be on the go, and deserve better.

Title II covers programs and activities of state and local governmental activities. It is regulated and enforced by the, U.S. Department of Justice.

Title III (public accommodations) covers private entities that are considered places of public accommodation; hotels, restaurants, doctors' offices and movie theaters to name a few. Businesses must make “reasonable modifications” to their usual way of doing things.

Title IV covers telecommunications and is monitored by the FCC. Title V covers miscellaneous matters.

There are minimum requirements for new designs or altered public accommodations, and standards for accessible designs.

As we experience growth and development, let’s include everybody.

Elaine Harris Spearman, Esq., a Gadsden native, is an attorney and is the retired legal advisor to the comptroller of the City of St. Louis. The opinions reflected are her own. 

This article originally appeared on The Gadsden Times: Elaine Harris Spearman says Gadsden's grown should be inclusive