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Topic: Burton Walmart chooses to ignore their disabled customers

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untanglingwebs
El Supremo

My close friend is disabled and she frequents the Burton Walmart. Her story of finding a power wheelchair in this store parallels the complaint found in Yelp by Linda in Denver. Last year my friend called the Walmart Corporate offices to complain that there was a shortage of power wheelchairs for the customers that needed them. There was a temporary fix, but the problem is once again serious.

She and others have waited 45 minutes and longer to use a power wheelchair. There is usually only 2 for this store. Recently she waited and got a power wheelchair only to have another customer negotiate with her for it's use when she was done. The woman was on oxygen and was afraid she would not be able to shop. They arranged the wheelchair transfer.

While this is the closest Walmart, my friend is comparing handicapped accessibility issues with other stores. She has noted the Walmart in Grand Blanc , as well as Meijers and VG's always have enough power wheelchairs.

Then there is the issue of the corporate response. Customer Service promised to contact the District Manager so he could address the issue with Kevin Walicki, the Burton store manager. They have not returned her call yet.




Linda M.

Denver, CO

3.0 star rating
Updated - 8/8/2012
I always shop the Walmart, in Lakewood, CO. Wadsworth & 3rd. As previously reviewed back in March the only complaint I had then, is the same as now. After my last review, I did see new carts & a couple of power chairs. I don't know what happened to all the power chairs, but there is only 2 in the store. Now this is a very busy WM and a large one also, 2 power chairs is a joke. I had to sit & wait 45 minutes to get one, I was in a line of three. In talking to an associate, she said that they had gotten several new ones back in the spring, but people steal them & they break down. Now if the stealing is an issue, have an associate follow someone out to the parking lot & bring them back into the store. I just gave mine to the next person in line as I didn't have that much to carry & as it was it was in need of a charge. Believe me with only 2 in the store, there is no time for charging. Again, I love this WM but, I can go to a much smaller one in Evergreen, CO and there are 5 chairs awaiting customers. I can't shop in that store all the time, I go there when I visit my daughter, who lives there.


Last edited by untanglingwebs on Thu May 09, 2013 7:47 am; edited 1 time in total
Post Wed May 08, 2013 2:25 pm 
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untanglingwebs
El Supremo

The Americans with Disabilities Act (ADA)
and People with Physical Disabilities

--------------------------------------------------------------------------------

How Does ADA Define Disability?

The Americans with Disabilities Act ( ADA) has a three-part definition of disability. Under ADA, an individual with a disability is a person who: (1) has a physical or mental impairment that substantially limits one or more major life activities; OR (2) has a record of such an impairment; OR (3) is regarded as having such an impairment.

A physical impairment is defined by ADA as "any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine."

Neither ADA nor the regulations that implement it list all the diseases or conditions that are covered, because it would be impossible to provide a comprehensive list, given the variety of possible impairments.
Post Wed May 08, 2013 2:30 pm 
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untanglingwebs
El Supremo

The Americans with Disabilities Act: A Brief Overview

The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990. Its overall purpose is to make American Society more accessible to people with disabilities. In 2008, the ADA Amendments Act (ADAAA) was passed. Its purpose is to broaden the definition of disability, which had been narrowed by U.S. Supreme Court decisions.

The ADA is divided into five titles:
1. Employment (Title I)Title I requires covered employers to provide reasonable accommodations for applicants and employees with disabilities and prohibits discrimination on the basis of disability in all aspects of employment. Reasonable accommodation includes, for example, restructuring jobs, making work-sites and workstations accessible, modifying schedules, providing services such as interpreters, and modifying equipment and policies. Title I also regulates medical examinations and inquires. For more information, see http://AskJAN.org/links/adalinks.htm#I2. Public Services (Title II)Under Title II, public services (which include state and local government agencies, the National Railroad Passenger Corporation, and other commuter authorities) cannot deny services to people with disabilities or deny participation in programs or activities that are available to people without disabilities. In addition, public transportation systems, such as public transit buses, must be accessible to individuals with disabilities. For more information, see http://AskJAN.org/links/adalinks.htm#II3. Public Accommodations (Title III)Public accommodations include facilities such as restaurants, hotels, grocery stores, retail stores, etc., as well as privately owned transportation systems. Title III requires that all new construction and modifications must be accessible to individuals with disabilities. For existing facilities, barriers to services must be removed if readily achievable. For more information, see http://AskJAN.org/links/adalinks.htm#III4. Telecommunications (Title IV)Telecommunications companies offering telephone service to the general public must have telephone relay service to individuals who use telecommunication devices for the deaf (TTYs) or similar devices. 5. Miscellaneous (Title V)This title includes a provision prohibiting either (a) coercing or threatening or (b) retaliating against individuals with disabilities or those attempting to aid people with disabilities in asserting their rights under the ADA.
The ADA's protection applies primarily, but not exclusively, to individuals who meet the ADA's definition of disability. An individual has a disability if:
1.He or she has a physical or mental impairment that substantially limits one or more of his/her major life activities;
2.He or she has a record of such an impairment; or
3.He or she is regarded as having such an impairment.

As mentioned above, the ADA's definition of disability was broadened by the ADAAA, which went into effect in January 2009. For more information, see Accommodation and Compliance Series: The ADA Amendments Act of 2008 at http://AskJAN.org/bulletins/adaaa1.htm

Other individuals who are protected in certain circumstances include 1) those, such as parents, who have an association with an individual known to have a disability, and 2) those who are coerced or subjected to retaliation for assisting people with disabilities in asserting their rights under the ADA.

While the employment provisions of the ADA apply to employers of fifteen employees or more, its public accommodations provisions apply to all sizes of business, regardless of number of employees. State and local governments are covered regardless of size.

Updated: July 26, 2012


ASK A JAN CONSULTANT

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Post Wed May 08, 2013 2:33 pm 
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