HELP_Belt Barriers at Movie Theater/Marble Floor-Same Color?

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drzar...@gmail.com

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Feb 26, 2006, 10:40:15 PM2/26/06
to Americans with Disabilities Act
Hi,

I have a background in Interior Architecture, however have not worked
in the field for a litle while.
My mother and I went to the movies. She is elderly, in her 70's.
While walking into the movie house in Northen California, my mother
could not the see the "black" belt barrier, walked into it and slipped
on the glossy "black" marble floor!

The barriers should of been put to the side as the public walked in,
but were not. My mother slipped forward landing on her chest,
shoulders, and knees. She is going to require shoulder surgery and her
back,and knees took the load.

As I remeber, barriers etc. should be in contrasting colors for the
sighted. We filed a report at the theater and they have not been
responsive in our request for a claim report. As the daugher, I am
upset and know that the barrier should of not been up, and it should of
been in a contrasting color especially at the movie. The entry floor
was slick "black" marble.

I am wanting to make sure I am right on my thoughts about the above.
We are seeking now going to have to seek legal help. Personal
Injury/ADA legal representation? Please let me know if any body has a
reference or can proivde some feedback.

Would appreciate so.

Michael Brennan

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Mar 2, 2006, 11:04:51 AM3/2/06
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I regret to inform you that there is no regulation regarding contrasting colors anywhere except at curb ramps with detectable warnings.  There is a requirement on slip resistance under the ADA covered under section 4 .5 indicating there should be a staple in firm surface:
4.5.1* General. Ground and floor surfaces along accessible routes and in accessible rooms and spaces including floors, walks, ramps, stairs, and curb ramps, shall be stable, firm, slip-resistant, and shall comply with 4.5. Appendix Note

A4.5.1 General. People who have difficulty walking or maintaining balance or who use crutches, canes, or walkers, and those with restricted gaits are particularly sensitive to slipping and tripping hazards. For such people, a stable and regular surface is necessary for safe walking, particularly on stairs. Wheelchairs can be propelled most easily on surfaces that are hard, stable, and regular. Soft loose surfaces such as shag carpet, loose sand or gravel, wet clay, and irregular surfaces such as cobblestones can significantly impede wheelchair movement.

Slip resistance is based on the frictional force necessary to keep a shoe heel or crutch tip from slipping on a walking surface under conditions likely to be found on the surface. While the dynamic coefficient of friction during walking varies in a complex and non-uniform way, the static coefficient of friction, which can be measured in several ways, provides a close approximation of the slip resistance of a surface. Contrary to popular belief, some slippage is necessary to walking, especially for persons with restricted gaits; a truly "non-slip" surface could not be negotiated.

The Occupational Safety and Health Administration recommends that walking surfaces have a static coefficient of friction of 0.5. A research project sponsored by the Architectural and Transportation Barriers Compliance Board (Access Board) conducted tests with persons with disabilities and concluded that a higher coefficient of friction was needed by such persons. A static coefficient of friction of 0.6 is recommended for accessible routes and 0.8 for ramps.

It is recognized that the coefficient of friction varies considerably due to the presence of contaminants, water, floor finishes, and other factors not under the control of the designer or builder and not subject to design and construction guidelines and that compliance would be difficult to measure on the building site. Nevertheless, many common building materials suitable for flooring are now labeled with information on the static coefficient of friction. While it may not be possible to compare one product directly with another, or to guarantee a constant measure, builders and designers are encouraged to specify materials with appropriate values. As more products include information on slip resistance, improved uniformity in measurement and specification is likely. The Access Board's advisory guidelines on Slip Resistant Surfaces provides additional information on this subject.

aside from the slip resistance which can be measured, you need to drop your assertions regarding contrasting colors.
Sorry to hear your mother sustained the injury.  Your only hope is on the basis of the slip resistance pursuant to the requirements above.  Best of luck.

r...@wedoada.com

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Mar 2, 2006, 11:10:31 AM3/2/06
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Hello,
 
There is also a contrast standard in the sdignage section however that would not be helpful in this case either.
 
Your best bet may be under the "Protruding Object" section, depending how far apart the poles holding the velvet rope were at the theater.
 
Feel free to contact me directly for more specific information.
 
Regards,
 
RGW
 

r...@wedoada.com

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Mar 2, 2006, 11:12:56 AM3/2/06
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sorry for the typo...should read "signage"

Michael Brennan

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Mar 2, 2006, 11:20:39 AM3/2/06
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It's unlikely you have an issue under the protruding objects section 4.4.  If these were queuing lines or rope barriers to prevent entry, then they would have been on a stanchion or post that would be freestanding on the floor and below the minimum 27" height or cane detectability.
 

4.4.1* General. Objects projecting from walls (for example, telephones) with their leading edges between 27 in and 80 in (685 mm and 2030 mm) above the finished floor shall protrude no more than 4 in (100 mm) into walks, halls, corridors, passageways, or aisles (see Fig. 8(a)). Objects mounted with their leading edges at or below 27 in (685 mm) above the finished floor may protrude any amount (see Fig. 8(a) and (b)). Free-standing objects mounted on posts or pylons may overhang 12 in (305 mm) maximum from 27 in to 80 in (685 mm to 2030 mm) above the ground or finished floor (see Fig. 8(c) and (d)). Protruding objects shall not reduce the clear width of an accessible route or maneuvering space (see Fig. 8(e)). Appendix Note

 
Brennan Consulting Inc.
Michael Brennan M.A., L.M.H.C.,
7955 Biscayne Point Circle
Miami Beach, Florida 33141

r...@wedoada.com

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Mar 2, 2006, 11:34:18 AM3/2/06
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Again....it would depend how far apart the poles holding the velvet rope were

r...@wedoada.com

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Mar 2, 2006, 11:39:47 AM3/2/06
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also the pole may be below the 27 inch mark...but rope in between could be above that standard

r...@wedoada.com

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Mar 2, 2006, 11:53:16 AM3/2/06
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