For those of you who happened to miss the item in the B&O Museum update below, here's the IMPORTANT item that COULD affect YOU:

"In a totally unrelated development, the B&O Museum recently lost a lawsuit brought by a wheelchair-bound "railfan" over Americans with Disabilities Act compliance. The long and short of it, according to the member who spoke last night, was that the B&O Museum will be forced to incorporate ADA changes into the Museum's restoration--an additional expense. In addition, the compromises between the historic nature of the old structure and the changes mandated COULD mean that sections of the historic buildings--such as the upstairs library and the model railroad layout--will have to be relocated and/or made off limits to the public."

Regrettably, I think I know the individual in question. If it's the plaintiff I think it is (one of two in this area), it's an individual who literally has made it his/her life's work to get the ADA imposed as widely as possible--and as a "rail enthusiast", he has made railroads his special target. Also regrettably, s/he is one of those individuals best described as outrageously unhappy with the lot life has handed him/her and determined to make sure everybody else wallows in the same misery s/he does. (Sorry for the awkward phrasing, but there's one of each gender, and I've seen two lawsuits by each of them against places I've worked with.) In addition, the male plaintiff supposedly runs a consulting service on ADA issues--with special emphasis on transportation and railroad infrastructure adaptation. (Blackmail? Extortion? I have no idea what you're talking about......)

The upshot of all of this is, if the B&O Museum, of all well-organized, "well-heeled", and historic places can lose a lawsuit like this, what are the chances for YOUR place? Or the EBT? And, having seen at least two of these lawsuit-crazed individuals in action already, I suggest that it's not a matter of IF they come to your railway or museum, but WHEN. And if you thought your insurance bill was bad........

LNER4472@bcpl.net

I pulled the message title from the ADA act itself, found on Google. My take on lawsuits in this area is it all comes down to what a judge decides is a "reasonable accommodation".

acp19809@yahoo.com

Wouldn't complying with the ADA guidelines preclude any lawsuits, or am I just being extremely naive? Adhering to the law is a cost, albeit expensive in some cases, of doing business with the public. The motivation of the plaintiffs in such lawsuits doesnÂ’t seem to be relevant. If their case has merit, it will be upheld.

The topic of ADA compliance is particulary interesting in view of the current thread on the Interchange about pet dogs on excursion trains. If well-behaved canines are welcome, shouldn't our railway museums also be making an effort to implement the ADA guidelines for the benefit of disabled?

Respectfully,
Keith Albrandt

Recommended Practices for Railway Museums
Association of Railway Museums in cooperation with the American Association of Museums

Section 8. Accessibility
Museums must make facilities and operating equipment accessible to all, to the extent this can be done without compromising historical integrity, collections security, and visitor safety.

8.1. Museum buildings and facilities must be accessible as defined by state and/or federal low; in the U.S., the Americans with Disabilities Act of 1990 in the relevant document to reference. Specific information is contained in standards set by the American National Standards Institute; such regulations generally exempt historic vehicles if historic quality would be compromised. Historic buildings do not receive a blanket exemption, especially in the case of buildings receiving substantial remodeling or alteration. However, some U.S. states also have historic building codes, which offer alternative solutions to providing accessibility, among other items.

8.2 Museums must devote an appropriate portion of their resources to developing strategies that provide for intellectual and/or physical access to collections by all, regardless of ability or disability.


Association of Railway Museums
kalbrandt@rypn.org

Fortunately the ADA law has a specific exemption (in great detail) for railroad cars that were built by car builders no longer in business. The inclusion of that portion of the ADA was by far the most productive and significant thing that AAPRCO has done in all of it history.



v-scarpitti@att.net

Remember that one form of "reasonable accomadation" is alternate egress.

Here at the Maritime Park we have a computer program that takes people on to and in to parts of our ships that they just can't get at otherwise.

I too have had the experience of meeting a person who is a "crusader", in fact the SF Bay Area has a number of them.

Also a lift next to a platform running next to a passenger car window is not a bad thing either.

Ted Miles

ted_miles@nps.gov

Our site (a "historic farm" which contains our museum, a historic house, gardens, and many outbuildings) is for the most part ADA compliant. The accommodations include ADA compliant restrooms, reserved parking spaces (you have to enforce the restrictions) paved paths, a ramp to access the historic house, low level drinking fountains, and ramps to access the train (we use flatcars, and load at platform height). Additionally, you should include docent training, consider line of sight, and resting areas.

First of all, qualified Historic buildings and artifacts (railroad cars) are basically exempt from the specific requirements. But, this act is enforced in two ways, first when you apply for a building permit, most agencies will review your plans for compliance, Secondly, individuals, groups, or government agencies may sue to force compliance. The requirement for "Reasonable accommodation" is open to interpretation, hence the involvement of the courts. Most of our organizations canÂ’t afford the court costs even if we were to win.

On the other hand, reasonable compliance can have many positive results. The same ramps and paths that allow a wheel chair access make it easy for a motherÂ’s with strollers, and the elderly to get about. Low level drinking fountains and low line of sight work for children as well as the wheel chair bound. Good docent training is critical to all visitors. Finally, it looks good when you apply for grants, and when you are trying to show yourselves as positive members of your community.

Randy Hees



http://spcrr.org
hees@ix.netcom.com

Nearly 25 years ago, the Billy Jones Wildcat Railroad (18" gauge steam/diesel) built a passenger car to handle only wheelchairs. The railroad's policy is that all handicapped riders and their guests ride free. Loading is performed via a temporary ramp placed between the car and the station platform. Because of the balloon layout of the 1-mile line (the engine is turned and run around the train after each trip), the special handicap car may make a minimum of two trips. The weight of the extra car would make the 1905 built steam engine "bark" up the 2.5% grade!

Reasonable attempts of being ADA compliant should be proactive. Quietly waiting for the first compliant could create legal headaches. In the case of the BJWRR, actively promoting the wheel chair coach in its literature has been one method of establishing this little SF Bay Area operation within the community.


Billy Jones Wildcat Railroad
kamiddle@rockwellcollins.com

ADA infrastructure grant money is aruably the easiest to garner. Look for handicapped access-interested foundations and send in your plan. We have a ten-phase plan currently underway and are funded through phase 4. We will go back to the well when phase 4 is completed next April.

Finally, it looks good when
> you apply for grants, and when you are
> trying to show yourselves as positive
> members of your community.



wyld@sbcglobal.net