Amherstburg Requests Website Compliance Deadline Extension – The Resolution

The following was included in the report to council for its September 14, 2020 meeting:

It is recommended that:

  1. WHEREAS Section 14(4) of O.Reg 191/11 under the Accessibility for Ontarians with Disabilities Act requires designated public sector organizations to conform to WCAG 2.0 Level AA by January 1, 2021;
  2. AND WHEREAS the municipality remains committed to the provision of accessible goods and services;
  3. AND WHEREAS the municipality provides accommodations to meet any stated accessibility need, where possible;
  4. AND WHEREAS the declared pandemic, COVID-19, has impacted the finances and other resources of the municipality;
  5. AND WHEREAS the Accessibility for Ontarians with Disabilities Act contemplates the need to consider the technical or economic considerations in the implementation of Accessibility Standards;
  6. BE IT THEREFORE RESOLVED THAT the municipality requests that the Province of Ontario extend the compliance deadline stated in Section 14(4) of O.Reg 191/11 to require designated public sector organizations to meet the compliance standards, by a minimum of one (1) year to at least January 1, 2022;
    AND,
  7. BE IT THEREFORE RESOLVED THAT the municipality requests that the Province of Ontario consider providing funding support and training resources to meet these compliance standards.

More to follow.

Related: Town of Amherstburg Requests Website Compliance Deadline Extension.

Amherstburg Requests Website Compliance Deadline Extension – The Recommendation.

Town of Amherstburg Requests Website Compliance Deadline Extension

In a Report to Council by Kevin Fox for the September 14, 2020 council meeting, Administration recommends that Council request that the Province of Ontario extend the compliance deadline from January 1, 2021 to at least January 1, 2022 due to the impacts of the pandemic (COVID-19) emergency and the impacts it has had both on the finances and resources of municipalities such as the Town of Amherstburg.

And town council voted in favour.

SHAMEFUL.

COVID-19 has only existed for the past several months compared to provincial legislation that was enacted in 2005: the AODA (Accessibility for Ontarians with Disabilities Act). Provincial Standards included deadlines for compliance but, suddenly, in September 2020, the town needs more time? 15 months more time?

More to follow.

Questioning Accessibility

This opinion was written in response to a River Town Times article, Grand Opening of River Bookshop.

The article mentioned building owner Richard Peddie’s observation that “Right now, within 150 yards of where we are standing, there are 11 other retail entrances that could become accessible if they too used StopGap ramps.”

Entrances would not necessarily become accessible just by utilizing a StopGap ramp which, as the name implies, is a temporary measure. In fact, in order to participate in the ramp project, the StopGap organization requires business owners to agree to and sign a waiver acknowledging, in part, “I know that this ramp is not intended to be a permanent ramp to my storefront and that the ramp should only be used when needed. When in use, the ramp should be level and flush against the step with no gaps present. When the ramp is not in use, it should be stored in a safe location. I understand that the use or storage of the ramp could cause injury to persons or property.”

A small window sign is supposed to advertise the availability of the ramp so customers can request it if required. In my opinion, this access method does not meet the core principles of the Accessibility for Ontarians with Disabilities Act 2005 of dignity, independence, integration and equal opportunity.

Accessibility requires more than a ramp. A commitment to accessibility would include the removal of attitudinal barriers, the installation of automated doors, signage for people who are blind or have low vision, training on the human rights code including the accommodation of people with disabilities, and a public statement.

The bookshop’s website has some accessibility issues and provides no accessibility statement and no phone number or email or alternate methods of communication for potential customers. And, if the upper level will hold events, will it be accessible?

After a decade-long conflict with the town and my human rights complaint to ensure accessibility at the library, my observation is that there is greater emphasis on heritage preservation than barrier removal.

Linda Saxon

Province-Wide Parties Debate on Accessibility and Disability Issues

Accessibility is not exactly a buzz word during any election campaign, but we are all governed by the provincial accessibility legislation and its regulations, as well as the Human Rights Code.

And, if senior is a buzz word during the Amherstburg election campaign, the sector is directly affected by elected officials’ decisions to strengthen a commitment to people with disabilities or not.

The Centre for Independent Living in Toronto (CILT) Inc., organizer of Province-Wide Parties Debate on Accessibility and Disability Issues, invite people with disabilities and their allies from across Ontario to ask questions to each party regarding: Accessible/Subsidized/Supportive Housing, Employment, Poverty Reduction Strategies, Accessibility for Ontarians with Disabilities Act (AODA), Ontario Disability Support Program (ODSP), Education and other disability issues.

May 16, 2018, from 6 to 8.30 pm Debate Livestream Webcast: https://ryecast.ryerson.ca/72/live/1807.aspx.

Amherstburg Website Added To Barriers In The Burg

The Town of Amherstburg website has been added to the new barriers in the burg page, created in conjunction with the Accessibility for Ontarians with Disabilities Act Alliance Action Kit “Picture Our Barriers” Action Kit.

Below is a screen shot of the town website taken today:

screen shot of the town of amherstburg websiteDespite my officially requesting an accessible website for the Town of Amherstburg since September 2002, changes are still needed today, March 4, 2016. There were promises to change but a real commitment has not materialized in all these years and for some strange reason, some people believe it will require funding.

I believe the well paid IT staff should be competent enough to address all the accessibility issues.

And, I wish someone would explain how a town the size of Amherstburg can afford body cameras for its police officers when larger municipalities can’t.

Considering all the financial requests council considers, money doesn’t always seem to be an issue; is it a question of priorities?

Commentary by Linda Saxon

#AODAfail

Barriers In The Burg

A new page has been added to the burg watch: barriers in the burg will contain pictures of barriers to persons with disabilities in Amherstburg in conjunction with the Accessibility for Ontarians with Disabilities Act Alliance Action Kit “Picture Our Barriers” Action Kit.

As the AODA Alliance points out, “the Ontario Government’s effort to make Ontario fully accessible to over 1.8 million people with disabilities has slowed to a crawl, mired in lethargy and bureaucracy. A widely-respected Independent Review that the Ontario Government appointed reported, over a year ago, that Ontario lags behind schedule for full accessibility for people with disabilities and that, after ten years on the books, Ontario’s accessibility law has not made a significant difference in the lives of people with disabilities.”

For over two decades, I’ve raised awareness about the barriers in Amherstburg, at times having to resort to the human rights complaints system to ensure my equal access rights.

Yet barriers continue to exclude the full and equal participation of persons with disabilities in this community; pictures will clearly depict what those barriers are.

Commentary by Linda Saxon

#AODAfail

shopamherstburg.ca has accessibility issues

The shopamherstburg.ca site has accessibility issues that need to be addressed, which makes me wonder – was accessibility included in any RFP?

There is no accessibility statement on the site, nor does the company that designed the site have any accessibility related information on its site.

One can ‘search’ to find a business but unfortunately, there is also no information regarding accessibility of individual businesses, something people need to know – both residents and tourists.

For example, there are two dollar stores in town, but the Dollar Tree is the only one i visit because of its push button doors and wide uncluttered aisles.

I expect the building department to adhere to its ‘minimum requirements’ position, but I would remind everyone that the Ontario Human Rights Code supersedes all legislation in Ontario.

If businesses want to attract more customers, they need to be more accessible; otherwise, I shop out of town.

Commentary by Linda Saxon

Equal Access Movement 20 Years Old

Two occasions cause me to reflect on my campaign to improve accessibility in my community.

Last week the AODA Alliance gathered at Queen’s Park to celebrate the November 29, 1994 birth of Ontario’s tireless grassroots movement for a fully accessible Ontario and December 3 is the International Day for People with Disabilities.

Prior to the ODA 2001, I endured a decade long battle with the Town of Amherstburg to obtain equal access to the town’s historic Carnegie library. Funding opportunities were lost because the town prioritized other amenities even when the grants specified accessibility came first.

Finally, as a result of my human rights settlement in 2004, an elevator was installed at the library. I was not invited, but the council of the day held a ribbon cutting ceremony and unveiled a plaque crediting council.

A second human rights complaint, merged with the library complaint, resulted in the creation of two accessible parking spaces in the rear parking lot of General Amherst High School.

I recently filed another complaint when I encountered difficulty entering a physiotherapy clinic in a building owned by a corporation. Following a September 2013 Human Rights Tribunal of Ontario Hearing, a February 20, 2014 decision was issued against two Respondents: the landord, 1762668 Ontario Inc., owned by Rene and Anne Rota, and the tenant Anna Maria Fiorito Physiotherapy.

The Tribunal ordered both respondents to pay monetary compensation and install an automatic door with a 4 inch diameter push button. Additionally, the landlord was ordered to retain a consultant with expertise in human rights, disability and access who will provide training to Mr. Rota, and any managers, on the landlord’s obligations under the Code with respect to accommodating disability, and the landlord must provide to the applicant by June 1, 2014, a copy of a letter from the consultant verifying that the training is completed.

The adjudicator noted, “It is obvious that the landlord does not appreciate its obligations under the Code with respect to making its facilities accessible to people with disabilities.”

Mr. Rota did not comply with the training requirement by June 1, nor did he respond to my July 21, 2014 letter reminding him of his obligation.

Any discussion regarding the removal of barriers should include the lack of redress for the non-compliance of an HRTO Order without imposing any additional bureaucracy and/or expense to the victim of discrimination.

Commentary by Linda Saxon

MAKING NIAGARA THE ACCESSIBLE DESTINATION OF CHOICE

Comments have been made regarding transforming Amherstburg into a Niagara-on-the-Lake, but the topic of the community’s lack of accessibility has never been mentioned.

Thankfully, more open minds exist; the Niagara Parks recently conducted an audit of all its attractions to ensure inclusion and accessibility for both visitors and staff and even updated the agency’s websites to meet Web Content Accessibility Guidelines. Full story at the Niagara Falls Review.

The poll at the bottom of the article indicates that 57% are limited of places because of lack of accessibility.

If there were no attitudinal barriers, there would be no barriers – Linda Saxon