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Not Clearing Snow From Disability Access Ramp Would This Be A Violation Of The Americans With Disabilities Act?

I have a Disability Access Ramp for my Handicapped Scooter in front of my HUD subsidized apartment.

We have snow on the ground which means I have snow on my Disability Access Ramp. The apartment maintenance man cleared the snow from all of the apartments sidewalks but did NOT clear the snow from my Disability Access Ramp. I nearly slipped and fell on my Disability Access Ramp trying to get to my motor vehicle.

I need to get groceries tomorrow (Sunday, 2-6-2011). I need to take my Handicapped scooter with me when I get groceries but I can not due to the snow not being cleared from my Disability Access Ramp.

By not clearing snow from my Disability Access Ramp, would this be a violation of the Americans With Disabilities Act???

Thank You!

Update:

*Both me and my only child are SSA Registered-Certified-Recognized Disabled PWDs.* I am also a Registered-Certified-Recognized Member of the Ectodermal Dysplasias International Registry.* I am also a Registered-Certified-Recognized Member of the National Foundation of Ectodermal Dysplasias* --- *I am proud to be a "Gimp", a "Crip", a "Cripple", a "Capper", a "Wheelie", a "Wheeler", a "Freak ", and a "PWD Freak"!* --- *AFO WC PMD PHPSSP RCRMEDIR RCRMNFED MLRCRD SSA PD-PWD*---*PWDRHIP*---*Wowasakeikcupi! * Creator-Originator of the phrases of - Pulling PWD Rank - PWD Insiders Language - Person With Disabilities Rank Has Its Privileges - PWDRHIP*.

Update 2:

Teddy & Chiliswoman: I will not be pursing this possible ADA violation but I was just curious to know whether it is or is not a ADA violation. I am requesting that you cite the sources with web-links about "PWD insider language", and "Pulling PWD Rank" because I would like to read the sources that you refer to. Concerning "Pulling Rank", I think that it originated within the military which means that "Pulling PWD Rank" would be a "spin-off" from the military term "Pulling Rank". I want nobody to know my real name for various reasons including protecting my privacy. The only reason why I post my "registrations","certifications" and "recognitions" is to let people (regular posters and NEW posters) know that me and my only child are not A-DPWs (Admirers, Devotees, Pretenders, Wannabes) persons but we are actual legitimate Disabled PWDs.

Update 3:

Teddy & Chiliswoman: The abbreviations (AFO, PD, WC, PMD, SSA, PWD) that you are calling "silly" are actual abbreviations that are used with the PWD Community and the Medical Community. PD-PWD is a combination of two actual abbreviations that used within the PWD Community and the Medical Community. The other abbreviations (PHPSSP, RCRMEDIR, RCRMNFED, MLRCRD, PWDRHIP) are not silly because I came up with these because they are in reference to me in what type of Handicapped Parking permit that I have, me being a member of the NFED and the NFED International Registry, and me having legal and medical recognition/proof of my Disabilities. These abbreviations is what type of PWD that I am. I came up with the acronym "PWDRHIP" which stands for "Person With Disabilities Rank Has Its Privileges".

Update 4:

Teddy & Chiliswoman: If you can please post what Steve Brown has to say because I would like to know. I know about Steve Brown but I not know Steve Brown personally. If you have computer files on your hard drive, could you send the relevant files to me by email, If so, then create a special email account and post the email address so I can email you, so you can email me the files to my special email account that I have. --- You are right in terms of that anyone can say what I have said - including a pretender or wannabe but the actual proof of the pudding on whether person is an actual PWD or not is the type of questions and answers that a person posts. Thank you for your compliment that you think I post good information which should serve as proof that I am an actual PWD. I know what I am talking about when posting information due to the fact that me and my only child are actual PWDs. --- One possible reason why I might being given "TDs" is due to the fact that I have made various con

Update 5:

Teddy & Chiliswoman: One possible reason why I might being given "TDs" is due to the fact that I have made various controversial statements in the past in which Non-PWDs (Outsiders) including some PWDs that have disagree with my various controversial statements. Another possible reason why is because some people are INCORRECTLY assuming that I am a "fake" PWD and does not believe that I am an actual PWD.--- I have seen another poster combine together the actual abbreviations of AB and PWD. Yes it does further separate 'us' from 'them'. Yes, I have only created

five (5) or six (6) acronyms that other 'PWDs do not know but some other abbreviations like TRPS, LGS, SKS, EDS, NFED, and etc.are EXTRMEMLY SPECIFIC to EXTREMELY SPECIFIC Disability Communities that I belong to which makes at least 90% of the PWDs to be "Outsiders" to the EXTREMELY SPECIFIC Disability Communities that I belong to in which at least 90% of the PWDs have NEVER heard of. In one sense all PWDs are "Insiders" for var

Update 6:

Teddy & Chiliswoman: In one sense all PWDs are "Insiders" for various reasons but in another sense all PWDs are "Outsiders" due to various reasons. There will never be a complete language that will be universally understood within the PWD Community for various reasons including the fact that specific Disability Communities will always have a specific language and specific abbreviations that will not be understood by other types of specific Disability Communities.

Update 7:

Teddy & Chiliswoman: I lost your email address that you gave me before but I will contact you through your new website that you posted about on 1-20-2011 on another website. You still will be able to post what Steve Brown said because people will have up to 2-12-2011 to respond to my question. --- I will always use acronyms.

Update 8:

To Teddy & Chiliswoman: I wish that the entire PWD Community could be united as one and speak one language but it will never happen due to one of the reasons that a specific Disability Community will always have a specific type of Disability language and specific abbreviations that is unique to the specific Disability Community which will not be understood by other types of specific Disability Communities which does create "Insiders" and "Outsiders".

Example: The Ectodermal Dysplasias (EDS) Community has a specific type of language and specific abbreviations that is unique to the Ectodermal Dysplasias (EDS) Community that is not understood by at least 90% of the entire PWD Community.

Update 9:

Teddy & Chiliswoman: Yes,i t does make sense to use acronyms within communities that understand them. But it also makes sense to make use of acronyms outside of specific Disabilities communities for various reasons. People can always ask what the acronyms mean if they do not understand them which gives people a chance to learn something new. There has been times in the past where other posters has posted acronyms that I did not know what they meant which I googled such acronyms which gave me the opportunity to learn something new which is very much greatly appreciated. Also my fingers and hands are deformed from TRPS which makes it slow and hard for me to type. My fingers joints are also painful due to TRPS and Arthritis and it is easier and faster for me to type the acronym TRPS instead of typing "Trichorhinophalangeal Syndrome". It makes sense for me to use various acronyms for various reasons. I do encourage the usage of acronyms outside of specific Disabilities communities for var

Update 10:

Teddy & Chiliswoman: I do encourage the usage of acronyms outside of specific Disabilities communities for various reasons. By doing so it will give PWDs and specific Disabilities communities the chance to learn from one another and it would help unite the entire PWD Community together instead of separation, isolation, and segregation. Specific Disabilities communities need to share with one another and to learn from one another instead of separation, isolation, and segregation. Yes, I am a nice person but PWDs and Specific Disabilities communities need to share with one another and to learn from one another instead of being separated, isolated, and segregated.

Update 11:

To fodaddy19: To "Pull PWD Rank" is NOT hypocritical. "Pulling PWD Rank" means taking advantage of and using Disability (PWD) Accommodations (Privileges, Benefits, Advantages, Perks) that are only available to PWDs and not to Non-PWDs (Outsiders). Examples: Parking in a Handicapped Parking Space, Not having to pay a parking meter because of having a Handicapped Parking Space State Permit, Accommodations in exams, Discounts and reserved seats in public transportation, Getting SSI and Medicaid and/or SSDI and Medicare, Jumping ahead to the front of the line, and etc, etc, and etc. If anybody tries to "take me to task" for using various Disability (PWD) Accommodations (Privileges, Benefits, Advantages, Perks), I WILL ALWAYS DEFEND AND PROTECT MY RIGHT to use various Disability (PWD) Accommodations (Privileges, Benefits, Advantages, Perks)!

Update 12:

To fodaddy19: Being a PWD and having a Disability puts a person at a disadvantage which results in inequalities between a PWD and a Non-PWD (Outsider). Disability (PWD) Accommodations helps equalizes the playing field between PWDs and Non-PWDs (Outsiders) which results in equality between PWDs and Non-PWDs (Outsiders). To use Disability (PWD) Accommodations is contingent on the type of Disabilities that a person has. Example: AB-PWD (like you) can not park in a Handicapped Parking Space but a PD-PWD (like myself) can park in a Handicapped Parking Space which results in a PWD (Myself) "Pulling PWD Rank" over another PWD (You) because of the different type of Disabilities we both have and what Disability (PWD) Accommodations we have access to. Me parking in a Handicapped Parking Space helps equals the playing field between me and you including Non-PWDs (Outsiders). Me parking in a Handicapped Parking Space also results in me "Pulling PWD Rank" over Non-PWDs (Outsiders). I have been given

Update 13:

To fodaddy19: I have been given the legal right by the state to park in a Handicapped Parking Space whereas you have not been given the legal right by the state to park in a Handicapped Parking Space. PWDs have the legal federal right through the ADA And the ADAAA to have various Disability (PWD) Accommodations. Privileges like not having to pay a parking meter because of having a Handicapped Parking Space State Permit, and courtesies like jumping ahead to the front of the line can every easily be taken away but a PD-PWD does have the legal right to use such privileges and courtesies IF they are extended to a PD-PWD that meets the qualifications. Whenever I "Pull PWD Rank" in various ways, it always gives me equality and it always equalizes the playing field between me and Non-PWDs (Outsiders).

Update 14:

To fodaddy19: A PWD should ALWAYS use such "perks" IF they can due to the possibility that a PWD always might need to use such perks IF the PWD is in the middle of a situation and develops the need to require usage of such "perks" IF the PWD have used such "perks" in the past due to pain, and etc. If a PWD is in the middle of a situation and develops the need to require usage of such "perks" and the PWD is NOT using such "perks" the PWD is going be in a predicament which could require the PWD needing assistance. A PD-PWD like myself ALWAYS requires the use of a Handicap Bathroom Stall and a Handicap Parking Space because both "perks" is NOT a "want to" but a "need to" for myself. But an AB-PWD should NOT use a Handicap Bathroom Stall and a Handicap Parking Space because it would be a "want to" but not a "need to" and an AB-PWD is more physically able to walk and to use a regular bathroom stall instead of a PD-PWD. A PWD should NEVER use "accommodations" if they do NOT need them. As for

Update 15:

To fodaddy19: As for myself, the various "accommodations" that I use is because I "NEED" to and NOT because I want to.

6 Answers

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  • 1 decade ago
    Favorite Answer

    Massachusetts recently passed a law about it being the property owner's responsibility to keep sidewalks clear of snow. So even if this isn't a specific ADA violation, they may still be responsible for it.

  • 1 decade ago

    I agree, that you should simply call the super at the apartment complex and request that the snow be removed. It's entirely possible that the person who was charged with clearing the snow simply forgot or was called away and didn't get back to it. No need to throw a hissy fit over.

    Also it seems hypocritical that someone who seems to be for the equality of PWD, would try to "pull rank" and get treatment above and beyond what a non-PWD would get. That's not equality sunshine. And I assure you if anyone tried to pull that BS with me I would take them to task over it.

    Edit: @King. The perks you mentioned are fundamentally inequalities, when all such perks are not made available for all people, that's by definition unequal in the most basic sense. I don't see how you can possibly deny that. There is a big difference between "Privileges" and "Rights" . "Rights" are things that are pretty difficult to get changed, they are basically things guaranteed to you. "Privileges" are things that can be taken away on a whim basically. For example someones "right" to vote is something that can't be taken away (unless the person is a felon or is judged mentally incompetent), on the other hand things like not paying for parking, or discounts and the like can easily come and go based what that year's balance sheet looks like. What I'm saying is that one shouldn't expect "privileges" they are simply extras that you are *not* entitled to. Nowhere in the Constitution does it mention that PWD's or any other group of people are somehow supposed to get preferential treatment.

    Edit @ King. My question is that should a PWD use these "perks" just because they are availble to them regardless of if the PWD actually needs them? For example if a PWD is having a particuarly good day (feeling good, no pain, etc.) should that PWD use a handicap spot just because he or she "can" and not necessairly because he or she "needs" to use it? Or should PWD demand exclusive use of a handicap bathroom stall because technically he or she is entitled to to it's use, but at the same time the PWD could just as easily use a regular stall?

    Two weeks ago, I was at a movie theater, as I walking towards the theater from the parking lot, I notice a truck pull into one the handicap spots near the entrance, it had a temporary placard hanging from the mirror. A man hopped out of the truck, the man had his arm in a sling. He didn't appaear to have any mobility issues. Inside he was the person in front of me in line for tickets, I asked him about his truck ( it was pretty cool looking IMO), and then I asked him about his arm, and he mentioned that he had elbow sugery a week before. I put two and two together and came to the conclusion that the tempory placard was likely a result of this man's recent elbow surgery. However, the man had no mobility issues at all, he could've parked anywhere and wouldn't have made a difference. Which brings me back to what I mentioned earlier. Is it acceptable to use "accomodations" when you don't really need them? Or using them just for the sake of using them?

  • Anonymous
    1 decade ago

    Hi

    Yes i have read your blog before as i am sure have several others. unfortunately given that snow of this quantity is not the normal amount, you expectations are really beyond what you can expect.

    from any society, given the freak weather conditions we had exactly the same situation here in the united kingdom back in December and i was confined to the house till the snow cleared.

    The snow it self was not the issue it was the ice after it froze over night.

    so given the conditions and the freak nature, you should make alternative arrangements for when you are unable to get out.

    as you have typed this you have a computer so you could get shopping on-line and have it delivered by a tradesman.

    So it will cost you something but it is less than the petrol in the car to drive there and back.

    and it might be a couple of weeks before you can get out, medicines can also be delivered from the doctor and the pharmacy.

    and if you need a doctor one can make a house call.

    so you can stay in the warm and watch tv and play on the computer without the need to get out.

  • Amanda
    Lv 7
    1 decade ago

    If you rent the property but it's owned by a place that claims to be licenced housing for disabled people, they need to clear it. The maintenance person may have forgotten to do so if there are averagely abled people dominant in the complex, but if he refuses after you notify him he's not in compliance with the rules.

    Source(s): Had a neighbour with a disability requiring a scooter that had to fight to get the hail stones from a freak storm cleared off his. Finally they did it, but only after I threatened to complain for him. I'd have done it but I'd just had spinal surgery... People suck. :-/
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  • 1 decade ago

    Call your management company. This may be a violation of the ADA, but it is not worth pursuing on that basis.

    BTW - since I don't know your name I can't say this for sure, but I am very dubious that you are the originator of the term PWD insider language. I used this long before I ever came to Yahoo Answers. I have a document dated 1997 where Steven Brown uses it. I received my master's degree in disability studies in 2000 and it was in common use then. I am equally dubious of you originating pulling rank as this too has been in use since 2000 when I used it in a paper I wrote. I don't know why you find it necessary to take credit for so many "certifications" and "recognitions", and listing silly abbreviations - it does not make what you say any more valid than anyone else who posts here.

    Added: I don't have weblinks to either. I have computer files on my hard drive. I sent an email to Steve Brown to see what he might have to say.

    You listing all these various things is irrelevant. Anyone can say what you have said - including a person who is a pretender or wannabe. I appreciate you do not want your name known, I don't either do to incidents related to a poster here. I think you post good information, but it is often thumbed down (an I would guess discounted) because of your additional details many people have pointed out they find off-putting.

    Added: AFO, PD, WC, PMD, SSA, PWD are not silly, but you combining them with others acronyms is. All it does it further separate 'us' from 'them'. You create language that not even other 'insiders' know. It sets you up as an 'outsider' to 'insiders'. The best way I know to make the lives of people with disabilities understood is to speak in language that is universally understood.

    Added: The email I sent to Steve was returned with a note that he is out of the country until February 9th. You have my email, I have given it to you before, and I think you know my name - and a simple Google search will turn up any number of email addresses for me.

    As you said, your answers should demonstrate your credibility - not a bunch of acronyms nobody understands or cares about.

    Added: I personally want to do as much as possible to make people think of me as much like them as possible. I do not want insiders and outsiders - I want a culture of understanding & appreciation of difference not of separation and isolation & segregation.

    Added: It makes sense to use acronyms within communities that understand them, but it just makes you look pompous, elitist, and separatist to use them here. Not very nice qualities and I am sure you are a nice person.

  • Anonymous
    1 decade ago

    Just call and ask for it to be cleared. You didn't mention you asked, he quite simply could have forgot, it happens

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