JUL 26 1995

Mr. Robert L. Kuiken

Administrative Assistant
Summit County's Disabled Citizens Program
47 North Main Street, 2-148
Akron, Ohio 44308-1991

Dear Mr. Kuiken:

Thank you for your kind words about my presentation at the

Cleveland City Club. It was a beneficial trip for me. Your
letter asks the Department of Justice to take action to compel
companies that operate gas stations to provide a "full service"
option for their customers.

The Department is responsible for enforcing title III of the

Americans with Disabilities Act (ADA), which prohibits
discrimination on the basis of disability by places of public
accommodation, including gas stations. Title III requires places
of public accommodation to ensure that the services that are
provided to clients or customers are accessible to people with
disabilities. However, title III does not require any place of
public accommodation to fundamentally alter the nature of its
business to provide different services, even if those services
might better meet the needs of people with disabilities.
Therefore, the ADA does not require gas stations to provide full
service to any customer.

The ADA does require existing gas stations that are not
otherwise being altered to remove architectural barriers to the
extent that it is readily achievable to remove them. The
Department of Justice regulation implementing title III requires
such barrier removal to comply with the ADA Standards for
Accessible Design (Standards) for each altered element if it is
readily achievable.
01-03680
​ -2-
If a self-service gas station determines that it is not
readily achievable to redesign gas pumps to enable people with
disabilities to use them, the gas station is not required to make
physical modifications to the gas pumps. However, the gas
station is required to provide its services to individuals with
disabilities through any readily achievable method, such as
providing refueling service upon request to an individual with a
disability at self-service prices. A service station is not
required to provide refueling service to individuals with
disabilities at any time when it is operating exclusively on a
remote control basis with a single cashier.

In our view, the ADA does not prohibit the operation of gas
stations on a self-service basis. Therefore, the Department is
unable to take further action in response to your request.

I have included the Division's most recent status reports on

ADA enforcement for your information.

Sincerely,

Deval L. Patrick
Assistant Attorney General
Civil Rights Division
Enclosures

01-03681
​Tim Davis, County Executive Patrick A. McGrath, Director
County of Summit
Department of Human Services
Disabled Citizens Program
"Making A Difference"
Deval Patrick, 3/31/95
Assistant Attorney General
Civil Rights Division
Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738

Dear Mr. Patrick,

First I want to congratulate you on the fine job you did

speaking at the Cleveland City Club Form. I was fortunate to
be able to sit in on that meeting. I have also read an ar-
ticle in the Disability Rights Education & Defense Fund News
(DREDF) where you were the keynote speaker on Nov. 10, 1994
at their fifteenth year celebration. With your background in
civil rights for all people I feel confident that we have the
right person as Assistant Attorney General for Civil Rights.
 There is also another reason for me contacting you and
requesting your guidance and help in resolving an issue that
is of major concern to me and many of other people with lim-
ited mobility in keeping their independence.
The ability to drive yourself to work, to go shopping,
travel, and/or other activities that we do everyday, is a ne-
cessity that people have long depended on. Just look at the
number of cars & trucks on the highways. However this activ-
ity is slowly being taken away from many of us who can no
longer buy gas without having someone with us that is able
bodied.
More and more gas stations around the country are becom-
ing "Self-Service" only gas stations. Just ask your friends
that have disabilities how difficult it is to get gas today.
This means that if we do need to get gas, we have to find a
gas station with at least one full service pump. The trend by
the oil companies is to eliminate "Full-Service" altogether,
in order to save money. This is taking the opportunity of
living independently and keeping a job next to impossible.
I have been working on this problem for over a year now,
asking and getting support from other disability groups but
we need to do more. I wrote a letter to Janet Reno, who is
suppose to be in charge of the DOJ, pointing out the problem
we are having. I received a response that is like receiving
no answer at all (enclosed). I have also written to many of
our Congressmen and Senators, as well as President Clinton,
and have received letters that amount to a pat on the head
and nothing else in the way of what actions could be taken to
overcome this discriminatory policy that the oil companies
have in place towards people with limited mobility.

01-03682

Many of our senior citizens have also told me they too

are having a hard time pumping gas because of limited
strength and problems with mobility and/or dexterity that
they have because of their age and changes in their bodies.
I am hoping that with your help and guidance, and that
of the members of other disability organizations, we might
find a solution to this problem. Perhaps we need to file a
class action suite against a major oil company to have them
change their policies so people have a choice between
Self-Service or Full-Service at their stations. At one time
this was available, but few stations, as I pointed out be-
fore, still offer this option.
 I know that the oil industries have a number of lobbyist
on Capitol Hill, which will make this a difficult task, to
say the least. I feel that they believe they are above the
law and that the principals and policies of the Americans
With Disabilities Act does not include them or their gas sta-
tions.
Enclosed is a copy one of the articles that I had in our
"Newsletter" that went out to over 3,000 people and organiza-
tions that work for the benefit of people with disabilities.
Also a copy of a letter I sent to the local Newspapers, from
which I got a number of phone calls thanking me for putting
into words what they were also facing with this discrimina-
tory policy.
I am also writing a letter to Marilyn Golden at DREDF
and ask for her opinions and ideas concerning this matter. I
hope I get more of a response from you than what I got from
Merrily A. Friedlander, Acting Chief Coordinator and Review
Section, Civil Rights Division. Someone at DOJ has to step up
and take charge of situations that threaten the very intent
of the Disability Rights Laws that have been passed to help
protect people with disabilities and afford them equal op-
portunities in this Country.
Thank you for taking time to read this and also for any
help and guidance you might be able to give me as I continue
to fight for the rights of people with disabilities. I'm
looking forward to hearing from you in regards to this mat-
ter.

Respectfully Submitted,

Robert L. Kuiken, Administrative Assistant

Summit County's Disabled Citizens Program
47 North Main Street, 2-148
Akron, Ohio 44308-1991
(216) 643-7364 / Fax (216) 643-7742

01-03683
​Att'n General Janet Reno
U.S. Department of Justice
Main Justice Building
10th Street & Constitution Ave. N.W.
Washington, DC 20530

Ms. Reno,
 I have enclosed a letter which I have recently sent to
the Department of Justice in Washington D.C. which I hope,
with their help, will cause the owners of the self-service
gas stations to make some policy changes so people with dis-
abilities that drive and have mobility problems will not be
stranded along the highway because of not having access to a
gas station that will pump their gas for them.

This has happen to me recently as I was returning to

Akron from Columbus, Ohio. Fortunately I was able to get a
truck driver to pump my gas for me at a self-service station.
Even if I was able to exit my car, I would not have been able
to reach the pumps from my wheelchair or the controls to turn
the pumps on. I also noticed that there were no ramps or curb
cuts leading into the building where I would have had to pay
for my gas.

People with disabilities that do try to lead an indepen-

dent life style should not be discriminated against because
of the designs of the gas stations or the policies that do
not permit the workers to assist you in buying gas.

I have brought this issue up at different meetings that

I have attended and I have the support of "The National As-
sociation of the Physically Handicapped", The Disability Net-
work of Ohio-Solidarity", "The Summit County Committee on Em-
ployment of the Handicapped" as well as several other
disabled drivers that I have spoken to.

My hopes is that you will support my efforts in trying

to stop the discrimination of people with disabilities that
drive by trying to change some of the policies that the oil
companies have concerning self-service gas stations. If you
could discuss this matter with other legislative advisors and
those you work with in the U.S. Department of Justice and ask
for their support, perhaps we can correct this act of dis-
crimination.

Thank you for your support and for the great job you and
your colleagues are doing by working with and supporting is-
sues of interest to people with disabilities. Keep up the
good work.
Respectfully,
Robert L. Kuiken
 Summit County's
Disabled Citizens Program
Dear Editor,
I am writing this letter to alert you to a major economic di-
saster that is being brought on by the major oil companies in our
Nation and in your area.
This is being brought about by having more and more of their
gas stations become "Self-Service" only. By doing this they have
singled out people with disabilities that drive and eliminated
their ability to get gas at their stations. This action will even-
tually lead to them not being able to go to work, or shopping, or
many other activities that would require them to drive. This not
only affects the person with a disability but also their families,
their employers, the store where they do their shopping, etc.
This policy also will have an effect on several "million dol-
lar" corporations that manufacture driving aides and lifts for
vans, not to mention the companies that install this equipment.
The elimination of access to gasoline would eventually put these
companies out of business. This would affect all the people that
they employ plus all their families. This domino effect hurts us
all.
In Ohio there is a law that states "if a gas station offers
full-service and self-service, people with disabilities that drive
can get served at the self-service price. The oil companies
policies have eliminated the full-service pumps which bypasses
this law.
They have also eliminated any extra help, which leaves only
one person to handle the money. This policy puts that one person
in a dangerous position should something go wrong or a robbery
takes place. This policy puts the employee's life in danger. Po-
lice departments have realized this problem but seem powerless
over the oil companies clout. The Oil companies greed which drives
them to eliminating extra employees while charging high prices for
their products.
The Americans With Disabilities Act of 1990 provides equal
access to products being offered to the general public by busi-
nesses. The oil companies choose to ignore this federal law.
It also upsets me when I see our senior citizens that drive,
standing our in the rain & snow trying to pump their own gas,
without having the option to get full-service if they choose to.
Also men & women with their good cloths on taking the chance of
spilling gas on themselves, just so the oil companies can make
more money.
I think it is past time for people to take a stand and demand
the option to get full-service at gas stations again, if they
choose to. When is the last time anyone at a gas station has of-
fered to wash your car's windshields, check your oil, water and
other fluids under your car hood?
It is time to contact the oil companies, your local legisla-
tors, federal legislators, congressman, senators, the attorney
general's office, the Department of Justice, and the Department of
Commerce and let them know how you feel about having the choice of
Full-Service at gas stations in your areas.
Thank You for your time and your support on this important
issue of concern to people with disabilities that drive.
Robert L Kuiken

Your
TICKET
to Independence
by Margaret A. Johnson, O.T.R./L.
Regaining the ability to drive is a
basic part of independent living.
When you were 16 years old, you excitedly and nervously prepared for the
behind-the-wheel portion of your driver's test. Passing the exam was your
ticket to independence. No more riding shotgun with the folks or listening to
backseat drivers giving orders. You were on your own-and what a good feeling
this was!
Injuries or disease can affect you mentally, physically, and emotionally-to
the point of temporarily or permanently impairing driving. But, because your
physical capabilities have changed, does this mean you must ride shuttles and
carpool? Certainly not!
How do you go about learning what you may need if you are unable to drive a
conventional vehicle? The first step is to acquire a doctor's referral for
evaluation by an occupational therapist (OT) or driver rehabilitation
specialist knowledgeable in the medical field.
I am an OT who was a driving evaluator for several years. When I worked with
clients, I first assessed their mental, physical, and emotional status.
Adequate vision is crucial for drivers, and we provided a thorough
screening. Inone case, the result of a man's testing was far below the state's
minimum standard for visual acuity. The client was asked to return for
completion of the evaluation after he had visited his eye doctor. The
physician found a hemorrhage in the man's eye: early discovery and laser
treatment saved his vision. The client went on to successfully drive again.
Following an eye test, you are screened in the areas of cognition and
perception. Are you able to think quickly? Do you have good judgment and
decision-making skills? One young woman drove without mishap for 20 minutes,
but as we neared completion of the in-vehicle assessment, something told me to
extend the length of the route. In the next block, she failed to brake when
two pedestrians crossed her path. I stopped the vehicle and questioned her
about this serious mistake. She said she saw the women, but "it just didn't
register."
Evaluators also test your muscles and movement for stregnth, coordination,
range of motion, and endurance. Strong muscle-spasms can interfere with safe
driving; many times a change in medications may be a solution. Independent
car-transfer was a grueling process for one man, whose legs had severe spasms;
he was breathless and exhausted before he even turned on the ignition.
Balance is an important consideration for driving. Can you maintain an
upright sitting posture while making a sharp evasive
right or left turn? It certainly defeats
the confidence of
PN Paraplegia News April 1995
01-03686​
drivers who, on sharp curves suddenly
find themselves staring at the kneecaps
of those in the passenger seat. OTs can
evaluate your hand function and recom-
mend a chest restraint adapted so you
can apply the strap, even if you can't use
your fingers.
The final test is the actual in-vehicle
assessment. The car is equipped with a
reversible set of hand controls, various
steering devices, a right and left-sided
turn signal, and a left foot accelerator.
Following demonstration and instruction,
you begin to drive in a safe empty parking
PHOTO with the help of "driver" Laura Schleiger. Occupational Therapist
Margaret Johnson demonstrates an in-vehicle assessment.
PHOTO In the Adapted Driving Program at Good
Samaritan Regional Medical Center in
Phoenix, Nick Mereles learns to transfer to
the driver's seat of the facility's adapted van.
PHOTO An adapted Driving Program van
acquaints Mereles with equipment and
vehicle modifications.
PHOTO FROM TOP: As part of Good Samaritan's
program, Charles Mascari's training includes
stowing his chair behind the driver's seat.
01-03687
lot. After an increase in confidence and
ability, you drive in residential areas and
finally go into more complex traffic--but
only if you feel comfortable.
Your evaluation is then typed up and,
with the required state forms, sent to your
physician for review. You visit one of a list
of recommended reputable vendors, where
the prescribed adapted automobile equip-
ment is installed. You may need further
training at a local licensed driving school
that has personnel skilled in instruction
with adapted controls. At some facilities,
OTs conduct this training.
Once your controls are installed and
you are proficient in their use, the thera-
pist gives you final approval. You must
have a state test for effectiveness in using
the special equipment. Your driver's
license receives a code that denotes an
adaptive-equipment-use restriction similar
to the one for people who wear glasses.
OTs and your vendor can help suggest
appropriate vans or automobiles.
Installation of hand controls is difficult in
extremely small vehicles; some compact
vans may not have room for you and your
particular form of mobility. Many car
manufacturers offer rebates for purchasing
hand controls or other adaptive equipment.
If your needs cannot be met in an
adapted automobile, you will be referred
to a facility that has specialized adapted
vans. Vehicles of this type allow you to
experiment with using a lift for access
and with various interchangeable steer-
ing devices. A raised roof or dropped
floor accommodates drivers in wheel-
chairs. These vans even have inter-
changeable steering wheels and lever-
operated accelerators and brakes.
The Association of Driver Educators
for the Disabled (ADED), an internation-
al organization, is devoted to the support
of professionals working in the field of
driver education and transportation-
equipment modification. ADED's goal is
to maximize transportation options for
people with disabilities because driving
is an earned privilege--for all of us.
Margaret A. Johnson, formerly an occupa-
tional therapist in the Driver Evaluation
Program at Vanderbilt University Medical
Center, Nashville, is now coordinator of
Occupational Therapy at Nashville
Rehabilitation Hospital. For assistance in
locating an evaluation center in your area,
contact ADED at (608) 884-8833/
884-4851 (fax).
for Evaluation--Then
for Independence
Driver-evaluation is performed at many sites around the country. Examples are
the programs at Vanderbilt University Medical Center, Nashville, and at
Samaritan Rehabilitation Institute. Good Samaritan Regional Medical Center, in
Phoenix.
Margaret A. Johnson (author of "Your Ticket to Independence") worked for
eight years in the Driver Evaluation Program at Vanderbilt University Medical
Center. "Clients were always surprised at how thorough the evaluations were,"
she recalls. "Many of them remembered their original driver's exams, in which
they answered some questions, took a 20-minute ride, and received their
licenses. They had no idea our assessment was two or three hours long."
Driver-evaluation programs emphasize safety as well as defensive driving. "I
told clients to always use restraints (seat belts, etc.) and to raise their
headrests to provide more protection." Johnson says. "Many of them received
spinal-cord and head injuries because their headrests weren't properly
adjusted."
According to Johnson, some clients are afraid evaluators will take away
their driver's licenses. "I'm not employed by the state, and I don't have the
authority to do something like that," she would tell them. After putting this
fear to rest, she'd get on with the business at hand: putting qualified
drivers with disabilities back on the road again.
According to Carol Blanc, O.T.R., a driver-rehabilitation specialist, the
Adapted Driving Program at the Arizona facility annually processes 100-130
people whose disabilities range from head and spinal-cord injury to
amputation, stroke, arthritis, and neurological diseases and problems. Clients
must be of legal driving age and have a physician's referral and a valid
Arizona driver's license or permit.
The length of the course depends on client disability and previous driving
experience. Fees are charged by the hour; some insurance companies assist with
these costs. Participants also receive help with obtaining their driver's
licenses.
For more information about the driving programs mentioned in this article,
contact:
Adapted Driving Program Vanderbilt University Medical
Center
 Samaritan Rehabilitation Institute Rehab Services
Good Samaritan Regional Medical Center Nashville
Phoenix (615) 322-0100
(602) 239-4757
Margaret Johnson
Nashville Rehabilitation Hospital
(615) 226-4330
01-03688