Downtown Durango offers nearly every possible amenity for tourists and residents.

Craving herbal tea? You’ve got it. A massage? Sure thing. A bench to sit on? Pick one.

But when it comes to wheelchair ramps, automatic doors and accessible bathrooms for the disabled? That’s a different story.

“Downtown Durango is terribly inaccessible,” said Martha Mason, executive director of the Southwest Center for Independence.

The Accessible Community Team – an advocacy group derived from last year’s Disability Access protest along Main Avenue – is working to build awareness of accessibility improvements needed in downtown businesses. Its next meeting is at 11 a.m. Wednesday at the Lost Dog Bar & Lounge.

The meeting will be focused on recent revisions to Colorado’s Anti-Discrimination Act affecting the rights of disabled residents.

Jason Ragsdell, independent living coordinator with the Southwest Center for Independence, said a key statutory change allows lawyers to recover fees when representing disabled people who sue a business for inaccessibility.

Another change in state guidelines increases penalties for inaccessibility. Previously, a businesses could be fined between $50 and $500 for being inaccessible. Now, a business faces a fine of $3,400 for each person who is denied access to a facility, he said.

Inaccessible businesses are starting to create a cottage industry for lawyers, and now they can bill for their time. A lawyer’s fee is the big, crushing difference, Ragsdell said.

“We don’t want to let (lawsuits) happen,” he said.

One of the purposes for Wednesday’s meeting is to help businesses avoid legal action and help enable the business financially, he said.

Mark Douglass, accessibility specialist and CEO of Peak Access, trained with the National Center on Accessibility and will speak at the upcoming meeting. If enough downtown business are interested, Douglass may offer a group rate to have businesses evaluated for accessibility.

Tim Walsworth, executive director of the Durango Business Improvement District and an Accessible Community Team member, said changing to make downtown more accessible will begin with his second-story office, which is currently inaccessible according to the 2010 Americans with Disabilities Act standards for accessible design, he said.

The building does have a ramp in the back alley that allows for wheelchair access, but it needs improvement, he said.

Most of Durango’s downtown buildings were built well before 1990, which is when the federal law went into effect, he said.

Douglass plans to do a formal assessment of the BID office later this week to make recommendations, which will be passed on to the landlord, Walsworth said.

Walsworth would like other businesses to follow BID’s lead in becoming more accessible. As the district learns more about accessibility, it will be able to help local institutions make downtown more accessible, he said.

Mason said business owners in Durango don’t feel it is necessary to make their shops accessible because they have been exempted under a grandfather clause in the federal standards.

The 1990 Americans with Disabilities Act, a federal law, prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, state and local government services, public accommodations, commercial facilities and transportation.

The national act was revised in 2010 to include standards for accessible design. The regulations set a minimum requirement for newly designed, built or altered state and local government facilities, public accommodations and commercial facilities to be readily accessible and usable by people with disabilities.

However, businesses that do have wheelchair-friendly bathroom stalls and ramps still aren’t all meeting current ADA criteria.

The unfortunate part for downtown businesses, Mason said, is that Durango is losing “tourism dollars” because many handicapped people have a disposable income, but they won’t travel to inaccessible towns.

Telluride might not be as affordable as Durango, but it wins points for being more wheelchair-friendly, according to the Southwest Center for Independence. Vail also was mentioned among the most accessible of Colorado’s tourist destinations.

The accessibility team is comprised of county and city employees and representatives from the Durango Business Improvement District, Community Relations Commission, Local First, Durango Area Tourism Office, Durango Chamber of Commerce, Community Connections, Adaptive Sports Association, Durango High School, SWConnect, Region 9 Economic Development District: Southwest Colorado and the Southwest Center for Independence.

“We’re really going to start focusing on access,” Mason said. “This isn’t just a once-a-year event anymore.”

Douglass has authority to declare elements of a businesses as ADA compliant or noncompliant in accordance to the federal revision.

He examines accessibility from where a person’s journey begins. Often, it’s the parking lot. Then, various features of the business are evaluated, such as door width, threshold clearance, floor space, bathroom space, guardrails, opening devises, counter height and dining tables.

“It’s more than just being able to get around – it’s being able to use the amenities the business offers to the customers,” Douglass said.

After an extensive evaluation, a list of recommendations is placed into a multi-year plan, taking into account financial resources.

It has been 24 years since the 1990 federal act was passed, and many business owners still haven’t caught up to revised standards. Many disabled residents are tired of not being able to get into those businesses, and they are ready to take serious action, Ragsdell said.

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With experience, disabled residents figure out how to get around city

For disabled residents, getting around town has been a struggle. However, many have figured out small tricks to make their travels slightly easier while they wait for meaningful change.
Durango resident Vincent LaDue has ataxia, a neurological condition that affects his voluntary coordination and muscle movements, and uses a wheelchair to get around town.
Through the years, he’s learned ways of getting around, such as taking alleys, detours and going uphill backward in his wheelchair, he said. And he is very familiar with the few local businesses that are accessible.
For instance, the Lost Dog Bar & Lounge is spacious and has accessible bathrooms, he said. The restaurant is also a popular meeting spot for Accessible Community Team. Other accessible restaurants include Francisco’s Restaurante y Cantina, Subway on south Main Avenue and Zia Taqueria on north Main Avenue, he said. Though some of these facilities have more accessible accommodations than others.
When he first moved to Durango in 2006, he didn’t think the Irish Embassy Pub was accessible because of the steps found in the front entrance. However, he discovered that the building’s side door has a ramp leading in and spacious bathrooms.
The ramp is kind of steep, he said, so he’s managed to put less strain on his arm and avoid possibly tipping his wheelchair if he goes up the ramp backward.
Other convenient ways to get around include using alleys, but not every street has one. Unfortunately, LaDue said, several parts of the downtown sidewalks and business have small steps leading in to them.
“Even one or two small steps is too much for a wheelchair person,” he said.
LaDue goes up and down Main Avenue once or twice a week to get exercise and meet people. He advocates for accessibility around town, and he directs patrons to his “Equal Access Poem” on YouTube. It has over 2,000 hits.
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Tax incentives for accessibility

Mark Douglass, accessibility specialist and CEO of Peak Access, is trained with the National Center on Accessibility. He has the expertise and authority to declare a business inaccessible in accordance to recent Americans with Disabilities Act standards and works closely with businesses to develop multi-year plans to make businesses more accessible to customers.
However, finances can be a factor determining if a business moves forward with the recommendations. The Internal Revenue Service has a few tax incentives to facilitate the process, he said.
A small business – a business with fewer than 30 employees or generates less than $1 million a year – is eligible to receive a $5,000 tax credit to help with ADA compliance.
If a business doesn’t qualify as a small business, Douglass said, it can qualify for an additional $15,000 in tax deductions as long as the facility meets the most recent ADA compliance standards.
“Our goal is to try to help small businesses understand that they have an advocate that is willing to guide them in the direction they need to go, and in turn, help the disabled and the aging population have greater access to their business,” Douglass said.
For more information, contact your local IRS office.
Herald Staff