Taking Stand for the Disabled

At 21, Oswego woman makes sure law is followed

The Post-Standard
Thursday, September 11, 2008
By Kathy Coffta Sims, Staff writer

Sarah Ingerson has just graduated from college and is ready to take on the world.
The 21-year-old from Oswego has been paralyzed from the waist down since birth because of a spinal cord lesion. She sits on two state committees that deal with disability issues and is a co-chairperson of Kids As Self Advocates, a national organization that helps teach youth with disabilities how to advocate for themselves.

Today, at a hearing in the James M. Hanley Federal Building in Syracuse, that's exactly what Ingerson will be doing.

In December, Ingerson filed a formal complaint with the New York State Division of Human Rights, alleging that Price Chopper stores in Fulton and Oswego did not have automatic teller machines that were accessible to the disabled. She also said the stores did not have checkout aisles that could accommodate her wheelchair.

Two investigators with the human rights division, looked into Ingerson's complaints against the stores starting in February and continuing into June. The investigators conducted field visits at the stores in Fulton and Oswego and also went to the company's DeWitt store. Both agreed that the stores had made some modifications and that ATMs at the Fulton and Oswego stores had been made accessible. However, they found that
the aisle designated for wheelchair bound customers "is still not in compliance."

At the DeWitt store, investigators found that ATMs were not accessible to persons in wheelchairs and that there was no customer service counter accessible to persons in wheelchairs. The investigator also said that while a checkout aisle for persons with disabilities existed, it was not staffed at the time of the visit.

Price Chopper and its owner, Golub Corp., said through an attorney that they are hoping to resolve the case with Ingerson.

"Price Chopper is committed to complying with the Americans with Disabilities Act and providing full access to our disabled customers," lawyer Patrick J. Saccocio said Wednesday. "We feel confident that there will be a successful resolution to Ms. Ingerson's complaint."

Ingerson said late last week she only filed the complaint because the problems were not addressed after she talked with store managers, something she routinely does when she has an accessibility issue.

"I've never done anything like this before, but I saw that nothing was being done, so I talked to a lawyer."

Ingerson said she has run into similar situations at other local stores, including P&C.
"I spoke to the store manager at P&C and showed him the problem. A week later the machine was lower."

In her complaint, she points out that she could use the ATM machine by giving her card to a store clerk, having the clerk run the card and then telling the clerk her personal identification number.

"That's just not safe," she said.

It's also not the law.

According to the Americans with Disabilities Act, Section 707.4: "Automatic teller machines shall provide the opportunity for the same degree of privacy of input and output available to all individuals."

That's why Ingerson wants things changed.

She said she learned to be an advocate for herself and others early on, from her parents.

"My parents always fought for my rights, especially in school. In high school, when I went for freshmen orientation, there was no wheelchair accessible restroom in the entire school. Because of me, they built one in 24 hours."

Ingerson said that by the time she graduated from Oswego High School, almost all the restrooms were accessible, including one in the girls' locker room.

When Ingerson attended the State University College at Buffalo after high school she battled to get the sidewalks in front of her dorm shoveled.

After two years of complaining and battling the snow, she moved back home to Oswego. She continued her education at Empire State College and graduated this year with a bachelor's degree in business and human resources.

Ingerson's lawyer, John Voninski of Manlius, said that today's proceeding is routine. Voninski said those attending will try to resolve the matter, and if they can't, they will look for ways to shorten any eventual hearing on the matter. He said they will then schedule the next hearing.

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