Structural Ableism in San Jose
Below are emails I have sent to the City of San Jose and the reply from one of the Mayor’s staff members about the omission of accessibility in the city-sanctioned sidewalk and street dining program. The most recent message is listed last.
Mon, Aug 31, 2020 at 1:26 PM
Initial Email to: Staff of Mayor Sam Liccardo in San Jose City Hall
I would like to request a phone call and meeting around the ongoing violations of ADA with the Al Fresco and sidewalk dining programs.
I have filed multiple complaints with the Al Fresco program but have not heard much back from them. It is clear to me that the city is approving permits and plans without using any ADA requirements.
I know California Commission on Disability Access is working to get a guide sheet published for this specific issue as I sat in on much of their last meeting. Their draft version clearly spells out needed elements that are missing in a lot of the outdoor dining opportunities in San Jose. As such, it is beyond time for San Jose to include access in all their practices and especially to level the impact of the barriers present in the time of COVID-19 to ensure balance for all San Jose residents. Whether it is a younger person or a senior, disability does not discriminate by age. COVID-19 has clearly shown the ableist practices that exist still even 30 years after the passage of the Americans with Disabilities Act.
As a disabled person, I too am a part of San Jose no matter how much you want to hide the fact that disabilities exist. Even under the Access and Functional Needs model, things must be created to minimize the impact on those most at risk.
I look forward to a time we can talk more on these ongoing issues. San Jose must do better.
Regards,
Michele Mashburn
Fri, Sep 25, 2020 at 12:15 PM
Reply from the Senior Advisor on Land Use and Economic Development in the Office of Mayor Liccardo
Hi Michele,
Thank you for your patience and your passionate, personal engagement on this issue. I communicated with staff and learned that some actions have already taken place to provide enhanced ADA compliance. Working with Public Works and nonprofit partners, the San Pedro and Post St closures will have ramps, additional signage and wayfinding, and tables dedicated for ADA accessibility.
Thank you again,
-Joel
Joel D.
Senior Advisor on Land Use and Economic Development in the Office of Mayor Liccardo
Fri, Sep 25, 2020 at 12:42 PM
Reply to the Senior Advisor on Land Use and Economic Development in the Office of Mayor Liccardo
Hello Joel,
My concerns remain though. How and why did these egregious missteps happen? I am not sure how to request an audit on the process. But ultimately, that is what is needed.
So, my simple ask is to fix the problems AND shut down the stations pending that fix. To allow them to stay open is an injustice and sends a clear message that all are not welcome or valued in San Jose. My more complex and more important asks are to find the problems in the system and start to fix those issues.
As things continue to focus on economic recovery, it is very important that people are not left behind and left out of the processes. My life is currently put at great risk not because of COVID-19, but because of the systemic ableism that pervades our US society and culture.
Please provide me with an estimate on when the ADA barriers will be addressed in the 2 locations I have mentioned. Also, I still request a meeting with the Mayor to discuss these ongoing issues.
Regards,
Michele
To learn more about ableism, you can find a working definition by Talila “TL” Lewis in conversation with Disabled Black and other negatively racialized folk, especially Dustin Gibson; updated January 2020.
