Wheeling through Portland (continued)

It’s the same story with the Victoria Mansion, an elegant 19th-century structure built before the Civil War. While it is accessible via wheelchair, the upper floors are not. It is unfortunate that these magnificent sites cannot be wholly accessed by persons with a disability, and must only be imagined through the lens of a camera. I don’t think this provides quite the same image as seeing the real-life historical artifacts, and Title III of the ADA references public sites and states, "No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation." But under the National Historic Preservation Act, landmarks listed in the National Register of Historic Places are exempt from specifically following this. In regards to this exemption, the Act reads: "Alterations to a qualified historic building or facility shall comply . . . with the requirements for accessible routes." This is contingent on the fact that it would not "threaten or destroy the historic significance of the building." It’s so frustrating that although we know society historically was wrong in their treatment of individuals with disabilities, a need is still felt to keep things as they were and prevent the disabled from gaining the full enjoyment of the historic structures.

Businesses do fall under the law for public accommodations in the Americans with Disabilities Act. They must open themselves up to the disabled as required by Title III of the law on Public Accommodations. This includes removing barriers that result in the exclusion of disabled patrons. The removal of these barriers must be cost-effective to the business and easy to do, however. The list of business types includes restaurants, movie theaters, retail stores, doctor’s offices, and schools.

All businesses fall under section 227 of the ADA for new facilities: "It shall be considered discrimination for a public entity to construct a new facility to be used in the provision of designated public transportation services unless such facility is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs." Many of the business in Portland are readily accessible; but unfortunately, many of the businesses in the Old Port have steps, which spell doom for a wheelchair user. How much of it is accessible? "None of it as far as I’ve seen," says Harmon. In this old, waterfront section of Portland, small businesses are exempt from many of the conditions set by ADA. The ADA states that it "shall not require a public entity to make structural changes to existing facilities in order to make such facilities accessible to individuals who use wheelchairs." A public entity is defined as a public place where "human-constructed improvements, structures, equipment, or property have been added to the natural environment." Old Port businesses fall under this clause because nearly all the shops and restaurants have steps and are "constructed in such a way that it’s impossible to alter them," says Pratt

That hasn’t stopped them from providing alternative methods to their disabled consumers, though. "The way we’ve gotten around it, we’ve brought people in, the aisles are wide enough to accommodate people in wheelchairs," says Kathy Palmer, owner of the Old Port pet supply store Fetch. "We’ve also brought things outside to compensate," though under the ADA, they are not legally obliged to do so. "We’re a small-ish business, there’s no reason we can’t offer special services," Palmer says.

However, there are occasional businesses on the waterfront that are fortunate enough to be perfectly wheelchair accessible, despite initially appearing not to be from their main entrance, which is accessed via steps. Decorum, a high-end specialty hardware store, would be unapproachable to someone in a wheelchair simply because it has steps, yet speaking to Sarah Mason, who works there, she says, "We have an alternate entrance with a ramp with [next door business] Lighting Works and there’s also an elevator to get up to the second floor." Mason also says, "We have several customers who are disabled who have done projects with us." So what may at first glance be an inaccessible establishment to get into because of a barrier might not be that way at all. I have to remember to call ahead; these things aren’t advertised.

Yet if I wanted to stroll down the streets and casually browse through the Old Port shops, I couldn’t. I would have to spend most of the time wondering which places I could get into. This is why I don’t go to the Old Port much — if you’re unable to mount the steps into the stores, where do you go? If you can’t get into most of the businesses, what else are you supposed to do in the Old Port? I’m not sure. In a perfect world, all the shops in the Old Port would be accessible, but it won’t happen. It’s hard to escape feeling left out.

As if things weren’t already difficult enough, the onset of winter weather brings on a whole new set of problems. Snow and ice cause treacherous conditions underfoot for everyone, yet prove to be even more trying for those with a walking difficulty or using a wheelchair.

After a snowstorm, snow piles up on the roads and sidewalks. Snow is plowed off the street, and mounded over the ramps on to the sidewalk. Walking over these mounds with a walking problem is very difficult, as the banks can be many inches high. It’s futile to try and go over it in a wheelchair, as you face the risk of slipping or getting stuck. If you get stuck, there isn’t much you can do except wait. If you’re lucky, a bystander will come by and offer to help pull you out. If you’re not so lucky, be prepared to wait in mounting frustration, as I have done lately. You have to be especially careful on the out-of-the-way streets where there aren’t many people there to help you. It’s intimidating to go out on the sidewalks that aren’t fully cleared because of such problems. But it is necessary to go out, and to stay inside is admitting defeat.

Portland does have a new emphasis on a law requiring all building owners to keep the walks cleaned in front of their own building. This ordinance has been around for some time, but was not always enforced. "I didn’t see much of it," says Strauss. "It’s not just the people with disabilities that need the sidewalks clear," he continues, "it’s the elderly, the mothers with baby strollers . . ."

The new city sidewalk policy requires "property owners to remove snow and ice in front of their buildings within 24 hours or after the last time our plows go through," says Peter DeWitt, spokesman for the Public Works Department. Penalties may be levied if the walks aren’t cleared. "We’re emphasizing written warnings first," explains DeWitt, but after the first warning, fines may be enacted, or the city could be forced come to clean up the property, with the bill being forwarded to the property owner. This new initiative was instituted to decrease the 2500-plus complaints City Hall gets each year about the conditions. As to whether this new ordinance is working, DeWitt says, "it’s hard to say, we’re way under our average snowfall this year. People have called and complained about sidewalks and we’ve had inspections. But 95 percent of the time people comply and it’s never a problem again."

Yet when it snows, again I am trapped, often for two days after the storm: one day for the actual storm; the next because parts of the sidewalk aren’t cleared. Property owners have 24 hours after the end of the storm, but this may result in walks that aren’t cleared until later in the day, or even the next day, as owners might not get a chance before then. For persons that need to have the sidewalks clear in order to go where there need to, this hinders their progress and throws a wrench into plans. The new ordinance can help by being enforced, but it still won’t stop the snow from falling.

The fact that must be understood is that Portland is an old city. Parts of it will never change. Adaptations must be made to allow everyone who is disabled to take part in things they otherwise would not be able to. There are so many in Portland that have a need for accessibility that is going unanswered. We all need to be able to enjoy life unhindered and every little bit helps towards that goal.

For me, the first search for an apartment in Portland was very hard, even without the need to account for accessibility problems. (I was still limited by a difficulty with stairs). In my search for an apartment that time around, any building I found either had steps, or no elevator, or both. The apartment I chose still had steps to enter it, and a flight of stairs to reach the laundry room and trash. This made life difficult, but the apartment was so great I couldn’t refuse it.

My latest search for an apartment, after a decline in health, proved to be twice as strenuous, as stairs went from being inconvenient to impassable. This was made even more difficult due to the fact that I was unable to leave my house to look at a place with my own eyes. Plenty of calls were made. A social worker was enlisted. I had eyes and ears everywhere, searching for a place. All of this yielded few results. Every place that would have been suitable ended up having a waiting list of three or four months. I wasn’t sure what more I could do at that point.

Then my mother stumbled onto a new building about to open. I called and there were no apartments available, which of course disappointed me. I had to leave my old place since my lease was expiring, but my options were few. Putting my belongings in storage and going home to live with my parents until something became available seemed like the only choice. Then it happened — an apartment became available in the new building I had called.

I was ecstatic! A mere two weeks before I had to leave my old place, when the situation was at its bleakest, this miraculous occurrence had taken place! I could get out! I could breathe fresh air! I could move around in quarters that weren’t so cramped! It took a ton of persistence, and a lot of luck as well, but things ended up working out for me. Let’s hope all of Portland’s disabled can be so lucky.

Matthew MacDonald can be reached at mattymcd@hotmail.com