Tag Archives: Rochester Hills Library’

A New Story at the Library: Assistive Devices Now Welcome!

By Cheryl Weiss

Rochester hills Library pic

Photo of the Rochester Hills Library Used Book Sale Room. Photo from http://www.rhpl.org

Wow, what a week it has been!  Since I first posted the story about my experience at the Rochester Hills Library Used Book Sale, it has been read over 1,100 times by people all over the world, including Australia, India, Norway, Japan, France, the UK, Canada, Bulgaria, Germany, Israel, New Zealand, Denmark, South Korea, Brazil, and across the United States.   Many people shared this on Facebook, posted responses, and sent me messages with suggestions, words of support, which I very deeply appreciate, as well as a few not so kind comments. I have read through all of it, and thought about everyone’s feedback as I made phone calls, continued to research, and wrote this post.

So what happened?  Have there been any changes?  Did I contact the ADA?  The ACLU?  An attorney?  Yes, no, no, and no.

As I shared on Facebook, what I wanted from all this was to make sure what I experienced at the book sale would not happen to anyone else, especially someone who is not willing or able to speak up for what they need. I wanted change.  I wanted people with disabilities to be respected, not treated like a helpless second class citizen.  Or, as I was referred to, “people like you…”  People like me, and people like each of us should be welcomed to all public places, and treated with respect, regardless of our disabilities.  Even on the last day of a used book sale.  Even then.  That’s how modern society is supposed to work, and fortunately in most places, that’s how it does work.

Part of the research I felt I needed to do was first, find out if the ban on wheelchairs, walkers, scooters, and carts was in fact a safety issue.  Did those items violate codes for fire safety?  No, they did not.  The room is large enough to accommodate them, especially with the wide aisles and open space.  So the rationale of not allowing cluttered aisles with our assorted devices was not a valid one, especially since I was the only person at the sale at that time with any sort of adaptive device.

Next was the ADA issue.  Many of you reading this blog do not know me well, but I’m the kind of person who would much rather solve problems easily and quietly than create a ton of drama around a situation.  However, once a situation I feel is wrong has started, I will finish it and see it through to the end. I was pretty sure that banning walkers, wheelchairs, scooters, and other items people with disabilities need was a violation of the American Disabilities Act, and I was hoping that initially Library Director Christine Hage would say of course they are allowed; when I was told that none of these items were not allowed at the sale on Sunday, that was a mistake and everyone is welcome, regardless of physical abilities or disabilities, even on the last day of the sale.  As you already know, that did not happen when I spoke to her on the phone on Monday.  Contacting the ADA and/or the ACLU  regarding this situation would definitely have accomplished my goals, I am sure, but I hesitated, still hoping this could be resolved among those of us already involved.  In a way, it almost felt like going to the ADA or ACLU was like tattling on an elementary school child being mean to another child.  I could do that, and she would be told to change her policy, but wouldn’t it be better if she could make that decision on her own?  So, I held off on contacting them to see how this would unfold.

I had absolutely no intention of contacting a lawyer.  I was angry, absolutely, but there was truly nothing I could sue for, nor do I want or need that kind of stress in my life!  I did not want anything personally except to fix this for the people who are in the same situation next time.  I didn’t want anyone else to go to the Rochester Hills Friends of the Library Used Book Sale, excited to pick out a bag or two of books, only to be turned away at the door because they have a walker, a cart, or a wheelchair.  And yes, the volunteers are willing to bring people with disabilities a selection of books to look through.   For some people, it might be great to have people shop for them. If my grandmother was still alive, she probably would have loved that!  She was more than happy to let us shop for her and bring her books and other things we thought she might like.   For me, however,  that was not a reasonable or acceptable accommodation. I am an independent woman.  I love to browse, and I hate asking people for help with anything I can do myself. The whole point of going to a used book sale is to browse through the books, finding treasures I didn’t even know I was looking for. I did not accept that accommodation of a volunteer to shop for me then, and I would not accept that accommodation now.   So for me, there are other used book sales going on this weekend, and others coming up this month; I can get all the books I need and want.  I just wanted to turn a bad situation into something positive.  Well, there was one thing I was hoping for…an apology would have been nice, but I guess that is too much to ask.

So, what happened?

On Wednesday, Police Chief Schettenhelm called me to and shared some highlights of his discussion with Christine Hage regarding this issue.  “We can’t roll back time, but we can make things easier for the future,” he said.  According to Schettenhelm, Hage said that they wanted me to shop and felt they had made some measures of accommodation that were not acceptable to me.  In any case, he said that wheelchairs, walkers, and scooters ARE welcome at all times all over the library!  However, Hage reached a different decision on items used as a medical device that are technically not medical devices, such as my cart.  That is still not permitted.

I wanted to speak with Hage directly, to hear the policy from her, rather than just reporting what Schettenhelm shared that Hage said, and it took a number of tries to get her on the phone.  Finally, Thursday afternoon, I spoke to another staff member at the library, explained that I was trying to reach Hage before I publish this blog post, and was hoping to speak to her first, but she has not been answering the phone at her desk.  She suggested that I try calling Hage’s cell phone, which I did, and she answered.  I asked her if it is true that people are now allowed to go into the used book sale with wheelchairs, walkers, and scooters.  She said, “It has always been our policy that people may use their own, or the library’s free walkers, wheelchairs, or electric carts.  The library is and has always been fully accessible to people with disabilities.The restriction is that one may not bring a shopping cart, stroller or wagon type device in the book sale.  That is not a device for the handicapped.  We provide people to carry things for you.”

Putting aside the shopping cart issue momentarily, I pressed for absolute confirmation.  “So even on the last day of the sale, if people come with walkers, wheelchairs, and scooters, they will be allowed inside to shop?” I asked.  “Any day, any sale, anywhere in that building, canes, walkers, electric scooters, and wheelchairs are allowed, ” she confirmed.  Then she added, “Well, when the aisles are congested, there may not be enough room.  If the room gets over crowded, we will bring a box of books to you, ” she said.

Hmmmm.  So they ARE allowed, even on the last day of the sale!  That’s the change I was hoping for!

Unless it’s too crowded.

I should have asked more about that.  I wonder what happens if, for example, three people arrive on the last day of the sale when the sale opens with wheelchairs, walkers, or scooters, along with a dozen able-bodied people.  They all go browsing as more and more people enter.  As it gets crowded, are the people with disabilities who were there first asked to leave and have volunteers select books for them?  Or once they are in, do they get to stay in as long as they want?  What if more people with wheelchairs arrive?  Will they have the option of waiting until it’s less crowded, or having someone select books for them?  If it’s too crowded, should there be a line for everyone to wait until some people leave, then some more can enter?  I guess we’ll find out at the next used book sale.  The last day of that sale is January 31, 2016.

Next, the “shopping cart” issue.  I understand that my cart is not a recognized medical device for the disabled.  It is, however, a device that helps me to manage with my health-related disabilities.  I cannot carry a stack of books when I have a lot of back pain and breathing trouble.  Using the cart to hold my books (and using that same cart to shop at farmer’s markets, and other similar places) helps me to shop independently. It’s also a lot easier to walk and stand when I have a cart to hold on to when my back pain is bad.  I don’t think anyone wants to be dependent on others; I certainly don’t!  I have brought this cart, or another one I have similar to it, to many places, including a number of book sales in the area.  No one has ever complained….until I went to the Rochester Hills Used Book Sale.  Because it is not technically a medical device, it is not covered by ADA, from what I understand.  Hage cannot be forced to allow me to use it, even though in the spirit of the law, it would be nice if she did.  You can’t regulate nice, though, and in this world, some people simply are not nice, kind, and compassionate.  I choose to spend time with people who are, and I choose to shop where people are, however.

As Hage originally suggested to me, I will shop with my cart at used book sales where I am welcome, such as Oak Park, and the other local libraries.  Actually, the only one I know of where I am not welcome is Rochester Hills, so I have lots to choose from!  The Rochester Hills Friends of the Library’s next sale is January 27-31, 2016, and quite a few people have discussed going on Facebook, and bringing family members and friends who use wheelchairs and walkers, to see if they are truly allowed to enter and shop on their own. If you do, please let me know how it goes!  I’ll be very interested in hearing if this is truly a new story…or just a story.

Happy Reading, Happy Autumn, and Happy Weekend!

Rochester Hills Public Library Disrespects the Disabled in Oak Park

By Cheryl Weiss

If you love to read, used book sales at local libraries are a great place to be, especially on the last day of the sale, when you can fill up a bag for $5.00. If you have physical disabilities, however, don’t go to the Rochester Hills Library’s used book sale.
They won’t let you enter their shiny new used book room where the book sale is held with a folding cart to help you wallk and hold your books.

This is the cart I brought to the used book sale.

This is the cart I brought to the book sale.

It folds up at the touch of a finger, taking up hardly any space.

They also don’t allow wheelchairs, walkers, or other assistive devices commonly used by people with disabilities on the last day of the sale.
They don’t allow strollers either. There’s a sign on the door announcing that strollers are not allowed in the sale. There is not a sign prohibiting adaptive devices for the disabled, but the volunteers with the Friends of the Library are eager to let you know that you can’t clog their aisles on such a busy sale day with those items.
I know this is true, because it happened to me on Sunday, September 27, 2015.

I have a number of serious chronic health issues that have led to physical disabilities. If you look at me, you may not realize I am disabled, but not all disabilities look like a missing limb or a stroke-affected side of the body. I am in constant pain from my lower back down to my toes, and on bad days like yesterday, I need to hold on to something in order to stand and walk for more than a few minutes. Carrying a pile of books in my arms right now is impossible.

In addition, I have a number of autoimmune diseases including Advanced Sjogren’s Syndrome. Currently, Sjogren’s is attacking my lungs, making breathing difficult. I have been on a high dose of steroids for over six weeks, I have to take breathing treatments with a nebulizer every 4-5 hours, and I am on a great deal of other medications to ease the respiratory distress. Because of both health challenges, and others, I spend a lot of time at home resting and reading. This is why I wanted to stock up on books at the bag sale.

One of my favorite things in the world to do, ever since I was a child, is to poke around a book sale, browsing as long as I can, finding treasures in almost every genre. I can get lost in a book sale for hours, if only my body holds up that long! However, my cart was not allowed, so I was not permitted to browse like everyone else. The volunteers offered to bring me a selection of books I could look at and choose from, or to assign a volunteer to escort me around the sale, taking the books I chose (with my cart stored away, of course), but that is not what I consider enjoying a used book sale. I want the same access as anyone else at the sale, able-bodied or not. The room is huge, with aisles that are even wider than standard library aisles. The new space holds 40,000 books! And it couldn’t accommodate a folding, collapsible cart?

I’ve taken this cart to many other used book sales at local libraries, all of which are held in much smaller spaces than Rochester Hills. Sure, sometimes it’s crowded, but that’s when we use common courtesy and step aside so someone else can pass, say “excuse me, please”, or even go around another way. No one has ever complained.

Why did they put up such a fuss at the Rochester Hills Public Library? What is their problem with a collapsible wire cart?

For that matter, what about the Americans With Disabilities Act? How can they establish and enforce a rule that excludes people with physical disabilities that require devices such as wheelchairs, walkers, or scooters from shopping at their sale? Is this not a direct violation of the ADA? Doesn’t the ADA provide for reasonable accommodation at public events, including libraries? I’m not an expert, but I did some reading.

According to Section 12132: Discrimination of the ADA, “Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” In Subchapter III – Public Accommodations and Services Operated By Private Entities, Sec. 12181: Definitions states the following:” (7) Public accommodation. The following private entities are considered public accommodations for purposes of this subchapter: (H) a museum, library, gallery, or other place of public display or collection; if the operations of such entities affect commerce.”
According to Mark Pierce, one of the Friends of the Library volunteers who asked me to leave the book sale on Sunday, their accommodation is to offer volunteers to pre-select books for me, or to assign me a volunteer to follow me. That makes me uncomfortable. I do not want an escort. I do not want to be followed. I want to browse on my own, like the middle aged adult that I am. Their offer is not a reasonable or acceptable accommodation.

I was asked if I have a doctor’s note regarding my health issues with me. No, I don’t carry a doctor’s note detailing my health issues, but I do have a handicapped parking placard. I had it in my purse because I only use it when I absolutely need to, and since I had the cart to hold on to on the walk from the parking lot to the sale, I parked in a regular spot so that someone else who needed it more than I do would have access to that handicapped spot. But I showed the volunteers I had the handicapped parking placard. It didn’t matter. I still couldn’t go in with my cart. Even though it collapses at the touch of a finger, so it could be out of anyone’s way in an instant.

There were quite a few people at the sale, but there were not hundreds of people in the room when I was, as Hage claimed. Forty or fifty, maybe, but I don’t think there were even that many. According to at least five volunteers with the Friends of the Rochester Hills Library group, their aisles would get too crowded with carts like mine; there is no room when the sale is so crowded. With able-bodied people, of course.

Another volunteer, who was identified later as Pierce’s wife, said I can use one of their black carts downstairs if I want. I looked at their cart and compared it to mine. Guess what? Their cart is approximately the same height and same width as mine! I couldn’t understand the difference, so I took them both back upstairs. Pierce said he didn’t know why his wife even suggested the black carts; he won’t allow those in either.

There was a very kind, compassionate young man named Ed at the checkout counter. He listened to me share my experience, and offered to give me a comment card to fill out for the Director of the Library, Christine Hage. I wrote about what happened, gave him the card, and he assured me that he would place it directly in her box so she would see it Monday morning.

Then I left for the 40 minute drive back home empty handed, angry, embarrassed, offended, and determined to try to make things better for the next person who tries to shop at their sale and is turned away like I was. This is not right. Everyone has the right to be treated with dignity, regardless of physical abilities or disabilities.

Monday around noon, Hage called me. I hoped she would be kind, offer an apology, and assure me that the way I was treated on Sunday was not the way they respond to guests at their library, nor is it how they will treat people with disabilities in the future. That’s all I really wanted.

Unfortunately, what she said couldn’t have been more opposite, more rude, or more hurtful. Hage said, “We are happy to bring materials to you, to preselect for people like you, and we are glad to bring as many books as you want to look at. That’s our accommodation, and other people do take advantage of that. However, you can’t clog the aisles with your equipment. We can’t have safety issues. We do not allow walkers, scooters, or wheelchairs on Sunday; it’s just too crowded.” She suggested, “You could come on a Friday afternoon when it’s not busy.” I reminded her that I went on Sunday; Friday had already passed. In addition, the bag sale was in my budget, because I planned to buy a lot of books. I am retired, on a pension, and on a tight budget. Spending $20-50 on books is not something I can afford right now. Spending $5-10 for a bag or two of books, however, is what I budgeted for. When I said that, she laughed unkindly, and said, “Really?” I guess Hage, in Rochester Hills, does not only fail to understand life with physical disabilities, but life on a tight budget as well. She can laugh at me if it makes her continue to feel more superior, I suppose, but I believe my situation is more common around this area than she may realize. I would rather struggle financially, however, then struggle to be a kind, caring, compassionate woman as she apparently does.
When I shared with Hage that I have taken my cart to many other local book sales, and I am on the Friends of the Oak Park Library Committee, she suggested, “Maybe you need to go to smaller book sales. You can go to Oak Park. We are very busy, we have safety concerns. Because of the size and success of our sales, we have rules, and the rules are no different for you than anyone else. We don’t allow wheelchairs, walkers, or scooters.”

Wow.

Wait, what does that mean exactly?

“You can go to Oak Park.” Does that mean that I should just stay in my own city, and stay away from Rochester Hills? That I am not welcome? That Oak Parkers are not good enough to visit the Rochester Hills Public Library? That Oak Parkers should just stay in Oak Park?

Wow.

You know what? Fine! I am proud to be a lifelong Oak Parker. Oak Park has a spirit unlike any other city anywhere. We help each other. We care about each other. We welcome each other, regardless of disability, income level, age, culture, race, religion, sexual orientation, political beliefs, or any other identifier that might separate us. Our hearts are bigger, fuller, and richer than the cold, closed, discriminatory Grinch-like heart expressed in Christine Hage of the Rochester Hills Public Library.

Yes, her suggestion to ‘stay in my place’ hurt for a while. But it made me proud that my little city, along with Berkley, Huntington Woods, Royal Oak, Birmingham, West Bloomfield, and Auburn Hills would never dream of treating a guest at their used book sales as she treated me. I know this is true, because I called all of them and asked if I could bring my cart to their used book sales. Every one of them answered the same – YES! Of course! That is no problem! People attend their used book sales with strollers, walkers, wheelchairs, scooters, wheeled carts, and all are welcome.

But there’s more.

I could have written and posted this story as it is above yesterday, before the Oakland Press published their story about this situation. But I wanted to investigate further, to do more research. I was wondering about the “safety” issue. In this huge new space, with extra wide aisles, would a cart, or a wheelchair, truly be an issue for safety and building codes?
I called the Rochester Hills Fire Department to ask. I was told that actually, although the library is called the Rochester Hills Public Library, it is actually located in the city of Rochester, and would follow their building codes, as they have jurisdiction. So I called them. I was told that they are looking into it, but I should call Police Chief Schettenhelm and share this with him. So I did. He was very kind, and wanted to hear about what happened. He said that he will discuss this with the Building Inspector, and he will go over to speak to the Director of the Library and find out how they are making decisions like this. He explained that as my cart may not be an actual medical device, it may be exempt from the letter of the law of the ADA, but there is a need for common sense. I understand and agree with him. Certainly wheelchairs, which Hage prohibited at the sale, are in the realm of the ADA. Tomorrow, Chief Schettenhelm and the building inspector will continue to look into this issue, and I deeply appreciate his concern, his kindness, and his interest. I am very much looking forward to hearing what they find out and share with me.

I also thought the Mayor of Rochester Hills might like to know about this situation, since I planned to share this story on social media. I spoke with someone at Mayor Bryan Barnett’s office, who wrote down my information and assured me that she would share this with him when he returned to the office. A few hours later, Mayor Burnett returned my call. He asked me what happened, listened to what I shared, and said, “I’m sorry, I have never had a situation like this brought to my attention before.” He genuinely sounded amazed that this happened, that I was treated with such disrespect. He explained to me that the library is actually not under city control, and the library employees are not city employees. They have their own governing board, and they are their own administration, which serves the people of Rochester Hills, Rochester, and Oakland Township. This is different from how other libraries in the area are run. So unfortunately, the mayor has little control or influence over what happens there, but he did express his dismay at my experience, apologized, and said he hopes I will not avoid all of Rochester Hills because of that group of people. I appreciate that, but at this point, I have no intention of returning to the Rochester Hills Public Library for anything, nor do I plan to attend any events in Rochester or Rochester Hills. There is more than enough to do in Oak Park and other nearby cities. I’m an Oak Park girl, and proud of it!

So what’s next? The Friends of the Oak Park Library Used Book Sale is coming up in October! The sale schedule is as follows:

Thursday, October 22nd from 1:00 – 7:30pm

Friday, October 23rd from 1:00 – 5:30pm

Sunday, October 25th from 1:00 – 4:30 pm

Monday, October 26th from 1:00 – 7:30pm – BAG DAY!!!

Tuesday, October 27th from 4:00 – 7:00pm – FREE DAY!!!

Please come and shop!

If you have a walker, a wheelchair, a scooter, a stroller, or a cart, you are more than welcome at our sale. We welcome everyone in Oak Park! See you there!