Disabled not welcome ?

In the last issue of The Voice Crewesader asked if speedway stadiums were exempt from the regulations regarding the provisions of special facilities for disabled people.

Well the short answer is no.

Speedway stadiums, or more correctly the owners of the stadiums, are classed as service providers, people or companies who provide goods, facilities or services to the public, and as such are subject to the requirements of the Disability Discrimination Act (DDA).

The DDA was introduced due the increasingly awareness of the special needs of disabled people, a group of people which according to figures issued in 2002 by the Office of the Deputy Prime Minister, number 11.7 million (20% of the total population of Great Britain). This large number is due to the fact that the DDA defines disability as a physical or mental impairment, which has, a substantial and long-term effect on a person’s ability to carry out normal day to day activities and as such can cover the following:

Wheelchair users, ambulant disabled (i.e. poor mobility), elderly people, people with poor dexterity and little strength, people with impaired vision or hearing, those of excessively large or small stature, children, people in charge of small children especially those using pushchairs, and those who are temporarily injured, sick or ill.

The DDA was introduced in 3 stages to allow people/companies to prepare for its affects on their business/buildings.

Stage 1 introduced in 1996 made it unlawful to treat disabled people less favourably.

Stage 2 introduced in 1999 meant that businesses had to make reasonable adjustable for their disabled staff. The final stage introduced in 2004, and the one which most affects users of speedway stadiums, stated that service providers i.e. stadium owners “ had to make reasonable steps to remove, alter or provide reasonable means of avoiding physical features that make it impossible or unreasonably difficult for disabled people to use their services and facilities” [DDA Section 21(2)(a-c)]

Therefore one assumes that all stadium owners, prior to 2004, carried out an accessibility audit, to establish existing conditions and an accessibility audit report, to identity what steps could be reasonably undertaken at each of their stadiums to comply with the requirements of the DDA.

So what should one expect from a stadium that complies which the requirements of the DDA.

a) Clearly signposted designated disabled car park spaces, for disabled badge holders, adjacent to the main entrance or the disabled entrance if one is provided.

b) Smooth surfaced and well lit pedestrian route from the designated car park spaces to the main/disabled entrance. If this route is reasonably level then all the better.

c) If entrance to the stadium/stands is via turnstiles these may prove unsuitable for wheelchair users/people with mobility problems. Therefore alternative entrances may be required and these should be clearly signposted and door and car park staff to advise people who may find the turnstiles difficult to use about these alternative entrances.

d) Once inside the stadium/stands all facilities such as toilets and catering should be clearly signposted. It should be remembered that under DDA disabled people should have access to the same facilities as the able bodied if at all possible or reasonable and this should be via suitable stairs and lifts/stair lifts or platforms. If stair lifts/platforms are provided then it should be clearly signed how these are used or who to see if you need to use them.

e) Toilets for use by the disabled and parents with young babies should be available. If the toilets for the able bodied has 4 or more cubicles are then one of theses should be larger width with an outward opening door to able for use by the ambulant disabled. On the subject of toilet provision for the able bodied the current British Standard on this states that licensed bars, which most grandstands are, should have 2 WC’s for up to 150 males and 2 WC’s for up to 25 females. How many speedway stadiums comply with these standards or are the owners breaking the rules on the capacity of their bars?

f) In grandstands with a capacity of up to 600 then a minimum of 6 spaces, either permanent or removable, should be provided for wheelchair users and above 600 the figure is 1%.

g) If catering facilities are provided then some, if not all, tables/seating should allow the wheelchair user to use them and the need for special culinary for people with poor dexterity and special chairs for babies/young children should not be forgotten.

h) Outside the grandstand spectator walkways should be smooth surfaced and non-slip. Raised viewing areas for wheelchair users should also be provided for these not wishing to view from the grandstands.

i) Staff should be aware of the potential needs of their disabled customers and offer assistance before it is asked for. Also is special equipment is provided, say a hearing loop for the hard of hearing, it is important that a majority of the staff know how to use it rather than when it is required the only person who knows is on holiday, sick or left 3 months ago.

The DDA requires owners to take “reasonable steps” to comply with the act and what is judged to be reasonable will in the worse cases have to be decided by the courts who will base their decision on a various factors including the cost of the measures and the building owner’s resources etc.

So what should you do if you think you have been discriminated against because you are disabled?

a) Contact the owner of the stadium and explain your situation. They may not have realise there was a problem when carrying out the accessibility audit and report and maybe any work necessary could be included in the maintenance programme.

b) Contact the Local Authority to see if they have an Access Officer. If so they may be able to increase the pressure on the owner after all the LA will dealt with the drinks license etc for the stadium.

c) Check if there is a local Disabled Rights Group in the area. Once again they may be able to put pressure on the owner. After all no one wants to be see their business in the local press, on the local radio and TV as one that discriminates against the disabled.

d) If you are getting nowhere it may be worth contacting the Disability Rights Commission to see you have a strong enough case for the owner to be charged with not complying with the requirements of the DDA.

MCM

Issue 24 Spring 2007