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See GayPASG
note at end of this article regarding reports available on the DCR website.
State wants polling
places, malls
more accessible for
disabled
By Kate Coscarelli,
Star-Ledger (nj.com) from the Web. July 11, 2005
Thousands of New Jerseyans with
disabilities have trouble casting a vote or even going shopping because more
than 400 polling places and some of the largest shopping centers have ignored
their needs, according to two reports soon to be made public by the Attorney
General's Office.
Equipped with the findings, the attorney general is asking municipalities and
shopping centers throughout the state to begin repairs, renovations and other
changes that will make them more accessible. The report on polling places
raises the possibility of lawsuits for towns that do not comply with the state's
request.
"These are very important studies about accessing important institutions in New
Jersey: one is providing money to businesses and another is a
constitutional right," said Frank Vespa-Papaleo, director of the State Division
of Civil Rights, which did the investigations and wrote the two studies.
Copies of both reports were obtained by The Star-Ledger.
The division oversaw the investigation of about 800 polling sites in 140 towns
during the three major elections last year. More than 400 notices were
sent informing towns of sites that don't comply with state and federal
requirements.
Among the most common problems cited were lack of accessible parking and little
or no signage directing people with disabilities into polling stations.
Seven sites could not be reached without using stairs -- and no lift, elevator
or ramp was available. Other commonly cited problems were tables that were
too high, ramps that were too steep, doorways that were too narrow, loose
carpeting and voting machines that are unusable for people with limited hand and
arm movement.
The polling investigation is the broadest inquiry the Civil Rights Division has
ever conducted. The findings do not identify which towns had accessibility
problems, only those that were inspected.
Inspections during the May non-partisan elections and the June primary election
showed that more sites failed inspection than passed. But by the November
general election, there were 93 failures from 329 inspection sites, the findings
show.
"We will not rest until New Jersey has achieved 100 percent polling place
accessibility; and we stand by to take enforcement action in any situation where
violations related to disabled access are not being addressed after a reasonable
amount of time," Attorney General Peter C. Harvey says in comments contained in
the report.
New Jersey has almost 1 million people with disabilities out of a population of
8.4 million. Advocacy groups say there is little hard data about how many
voters are affected by poor accessibility, but it is clear that people with
disabilities vote at a rate far below that of other groups.
In the 2000 presidential election, the turnout rate among disabled residents was
16 percent below that of the rest of the country. And during the 2004
election, over 50 percent of people with disabilities were not registered, said
Jim Dickson, vice president for government affairs of the American Association
of People with Disabilities.
For towns and states to still have inaccessible polling places is unacceptable,
he said.
"It's saying you don't matter. It's saying we think you are less than a
full citizen," Dickson said.
Many municipalities have already responded to the state by making the required
changes, according to the polling site report.
While officials are taking a tough stance, they are hoping to avoid legal
battles. State officials don't want to file lawsuits against towns.
Instead, the report states, officials are urging town managers to spend money to
make improvements -- rather than go to court.
The report on access to shopping malls arises from a survey last year in which
agents from the civil rights agency and the Division of Disability Services
visited 28 of the state's largest malls to see whether automatic doors were
available at main entrances and to ascertain whether there was proper signage
for customers with disabilities. Roughly one-quarter of the malls were
"found to be lacking" when it came access, the report says. Six malls had
no automatic doors at all, the report says.
Those six malls were: Burlington Center in Burlington, Shore Mall in Egg
Harbor Township, Newport Center Mall in Jersey City, Menlo Park Mall in Edison,
Cumberland Mall in Vineland and Cherry Hill Mall.
"This not only helps to make these malls accessible to shoppers who use mobility
aids, but also to millions of parents with strollers and seniors with weak arm
strength. More access means a more enjoyable shopping experience for the
consumer and more sales for retailers and mall operators," the report said.
The study also found 15 malls, including Jersey Gardens Mall in Elizabeth,
Bridgewater Commons and Mall at Short Hills, were found to have "sufficient
access." And the remaining seven had at least one automatic door, but had
poor signage about where to find such entrances or had doors that needed
maintenance, the report found.
The state has obtained commitments to make improvements from all of the malls
that were found to have problems, the report notes.
A spokesman for Simon Property Group, which operates Menlo Park and Newport
Center, said it would install doors at both malls. In Edison, the work is
expected to be done by the end of the year. In Jersey City, one automatic
door opener has already been installed and others will be added during a major
renovation that should be finished next year, said spokesman Les Morris.
The group "is firmly committed to follow not only the letter but also the spirit
of the law to insure comfortable and convenient access for all of our patrons
regardless of their abilities or disabilities," Morris said.
A second phase of the investigation is now focusing on whether malls have proper
signage and maintenance for automatic doors. A final report will include
recommendations about how to amend building codes. It is not clear when
that report will be issued.
Kate Coscarelli covers the business of law. She may be reached
at
kcoscarelli@starledger.com or (973) 392-4147.
GayPASG NOTE: A copy of the respective
reports has been available for quite some time on the Division of Civil Rights (DCR)
website at
www.NJCivilRights.org where there is a button for "Polling Access '04
Report" and one for "Mall Access Report."
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