SUBJECT: RESPONSE TO MARCH 17, 2005 LETTER REGARDING RESOLUTION OF ACCESS VIOLATIONS AT YOSEMITE PARK-Reference #A3615(YOSE)
3/22/05
Mr Michael L. Tollefson, SuperintendentYosemite National ParkP.O. Box 577Yosemite, California 95389
Mr. Tollefson,
I am writing to you to inform you of my disappointment and anger with the most recent response I received from you (your letter dated March 17, 2005, Reference #A3615(YOSE). Your letter contained only minimal information and had no bearing to the telephone conversation you and I had approximately a week ago.
During that conversation, I went over the many existing and newly created access violations I have found while visiting Yosemite Park and the frustration I have had with the lack of response by either National Parks or the Concessionaire, Deleware North Company as to how those violations will be corrected and by when. As you are painfully aware, my original complaint is approximately three years old and covered access violations at both Park and Concessionaire sites.
When I was in Yosemite recently, giving an access training to the California Building Officials Association (CALBO) a few weeks ago, I found additional major access violations within a newly refurbished horseshoe shaped trail to Yosemite Falls and recently remodeled bathrooms at both the Ahwanee Hotel and Yosemite Lodge where I stayed during the CALBO conference. You and I discussed these newly found violations and the fact that although some of your staff and DNC staff believe that there are accessible parking spaces in the Yosemite Park Valley areas, I couldn't find one that complied with federal access regulations. Additionally, we talked about the timing for immediately correcting some access violations while finalizing the Parks Transition/Self-evaluation Plan.
I have never agreed with what appears to be your decision that no corrective work will take place until the Plan is completed in November of this year as your letter suggest. You apparently haven't taken my complaint seriously because your March 17th letter doesn't respond to most of the issues I raised during our discussion.
By this email, I am informing you that unless I receive a written (email would be preferred) response from you indicating, in detail, the immediate actions that will be taken by you and the concessionaire to correct at least some of the more egregious access violations, including the newly built path to Yosemite Falls and the entrance and bathroom at the Ahwanee Hotel and the bathroom at the Yosemite Lodge and parking throughout the Park, I will be filing a lawsuit against both National Parks and Deleware North Company. I'm sorry it has come to this, but after waiting all this time for a reasonable response from National Parks and Deleware North Company, and then getting a letter from you informing me that I can wait longer isn't acceptable. I'm not prepared to wait any longer.
Richard Skaff303 Ashton LaneMill Valley, Ca. 94941Voice & Fax: 415-389-8628Mobile: 415-497-1091Email: http://www.blogger.com/
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Tuesday, April 05, 2005 11:56 AM
Subject: News Article-San Francisco Chronicle-Yosemite Falls4/5/05
Mr Michael L. Tollefson, SuperintendentYosemite National Park P.O. Box 577Yosemite, California 95389
Mr. Tollefson,
I am again sending this email through my email service to assure that you have received it. The first was sent via the SF Chronicle on-line system. It is very disturbing to me (and will be to the rest of the disability community) that you and National Parks management are attempting to "gloss over" your failure to assure that National Park facilities are really accessible to persons with disabilities. Having a picture of a woman with a smile on her face, sitting in a scooter, certainly indicates to me that you are attempting to market this $13 million dollar failure of an accessibility project as one that is really accessible and serves the disability community.
You should be ashamed of yourself! I am still expecting a response to my last email to you which was sent (sent March 22nd) as a formal 504 complaint.
Richard Skaff303 Ashton LaneMill Valley, Ca. 94941Voice & Fax: 415-389-8628Mobile: 415-497-1091Email: rmskaff@comcast.net
From: Richard Skaff To: Jack_Andre@nps.gov ; Dianne_Spriggs@nps.gov ; Michael_Tollefson@nps.gov Cc: David C. Park Sent:
====================================
Your message was sent on Tue, 05 Apr 2005 at 11:28 AM PDT
Subject: YOSEMITE / Finishing touch on nature / New paths, markers highlight waterfalls, former Indian village
To: Name Michael Tollefson, Superintendent Email Dianne_Spriggs@nps.gov; Michael_Tollefson@nps.gov, Don_Fox@nps.gov, David_Park@nps.gov
From: Name Richard Skaff Email rmskaff@comcast.net
Comments: It is amazing to me that you are attempting to "sell" the Yosemite Trail as accessible when it violates federal access regulations. I have not as yet heard from you regarding my last email to you.
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Fw: News Article-San Francisco Chronicle-Yosemite Falls
Date: 4/14/2005 2:04:59 PM Pacific Standard Time
From: rmskaff@comcast.net To: cnolte@sfchronicle.com
Mr. Carl NolteStaff WriterSan Francisco Chronicle
Mr. Nolte, I have attached my recent email to Mr. Michael Tollefson, Superintendent at Yosemite National Park. Although I left a phone message for you after reading your article on the new Yosemite Falls Trail project, I have not heard from you. If you have the opportunity and read my comments to Superintendent Tollefson about this project and next week's opening ceremony, I would appreciate being given the opportunity to talk with you about the access violations in the Trail project and throughout Yosemite National Park. I would hope that you would be interested in hearing both sides of the Yosemite access issues, including mine. Thank you for your consideration of my request.
Richard Skaff303 Ashton LaneMill Valley, Ca. 94941Voice & Fax: 415-389-8628Mobile: 415-497-1091Email: rmskaff@comcast.net
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United States Department ofthe Interior NATIONAL PARK SERVICE
Yosemite National Park P. O. Box 577IN REPLY REFER TO: Yosemite, California 95389A3615(YOSE)
April 15, 2005Mr. Richard Skaff303 Ashton LaneMill Valley, California 94941
Dear Mr. Skaff:
We want to thank you for meeting with Jerry Ernest, Accessibility Coordinator for DNC, and Marty Nielson, NPS Chief, Division of Business and Revenue Management during your most recent visit to the park and expressing your concerns about accessibility to park programs and facilities. We hope this correspondence will be helpful in describing the corrective measures we have taken thus far and outlining our future plans for removing barriers and increasing accessibility in Yosemite National Park.
The following is a list of some of the issues you raised from the abovementioned meeting on March 3, 2005 with Mr. Ernest and Mr. Nielson, in your email to Don Fox, Park Accessibility Coordinator dated March 7, 2005, and also those subjects in your email to me dated March 22, 2005. We are providing an update to Ms. Dianne Spriggs of the Washington Office of Equal Opportunity regarding your concerns identified in the formal allegation of discrimination subsequent to your October 2001 visit. Ms.Spriggs will then forward a response to you.
Yosemite Falls pathway –You referenced the ‘newly refurbished horseshoe-shaped trail at YosemiteFalls’. We are uncertain if the trail to which you are referring is the new circular walk to the interpretive exhibits on the western approach or if you are concerned about the accessibility of the entire loop up to the base of Lower Yosemite Fall. Although we feel this construction project,funded by the Yosemite Fund, neither inhibits nor prohibits a person usinga mobility device from reaching the base of Yosemite Falls from the eastern access route, we will have it evaluated by a third party for any potential inconsistencies.
Accessible parking at Yosemite Lodge, Curry Village, and the Ahwahnee -You are right; there are still some discrepancies in the layout of some of the accessible parking spaces at Yosemite Lodge, Curry Village and the Ahwahnee. We will re-examine the requirements for accessible parking and correct some of the discrepancies when we re-stripe the parking lots this spring. However, the more extensive alterations to the parking areas will be part of the prioritization process that will be addressed in the Transition Plan.
Men’s room at the Ahwahnee –You commented ‘the lavatory counter is too high in the men’s room’.Lowering the counter by 1” to 34” above the finished floor, in compliance with accessibility guidelines, was determined to be a lower priority given the extent of need for accessibility alterations and the limited availability of funding to accomplish these corrective actions.The grab bars in the stall are 34” from the floor. According to ADAAG4.17.6 (Figure30 (c) (d)), grab bars can be positioned 33”to 36”above the floor. There are no handles on the stall door. Although according to both ADAAGand UFAS there is no specific requirement to provide handles, handles will be installed this spring on the accessible stall in the Ahwahnee men’s room.Bathroom at Yosemite Lodge You reported the flush handle is on the wall side of the toilet and should be on the open side in the family-friendly restroom. A replacement tank with the flush valve on the correct side has been ordered as of March 25,2005.
The force to open the door to the family-friendly restroom exceeds 5 pounds of pressure to open. The door closer was out of adjustment and has been corrected since your visit.The soap dispenser requires more than 5 pounds of pressure to operate. The soap dispenser was clogged with dry soap causing the need for excessive force and has since been corrected.Path of travel from major facilities– uneven surfaces, puddles We concur with you that uneven surfaces and puddles are often present on some of the access routes. The pathways through the Ahwahnee complex were scheduled to be repaved this past fall, but inclement weather postponed this project. We will endeavor to correct uneven surfaces and eliminate puddling as we replace travel surfaces throughout developed areas. Signing is confusing, not helpful - no site map available indicating where accessible features are and how to access them. We are not certain to which specific signs you are referring. Many directional signs have been added to direct visitors with disabilities to the services and facilities. Accessibility maps have been developed and are now available at each hotel registration desk. Additional directional signs will be added as needed and identified. A comprehensive sign plan will be completed for each of the locations: the Ahwahnee, Curry Village,Yosemite Lodge etc. linking interior and exterior way finding to and through the properties. The door hold-open devices provide an obstacle for persons using awheelchair.These devices are not included in ADAAG, but we realize there are some instances in which their presence could restrict access. This is will be addressed in areas where there is a known interface with wheelchairs and the door hold open devises will be removed.At the Ahwahnee the red carpet is not compliant.Because this is a national historic landmark, the solution to this deficiency will be combined with others at the Ahwahnee in a request for approval to the State Historic Protection Office (SHPO).The horsehair mat at the entrance door to the Ahwahnee makes wheelchairs slip sideways.The accessibility guidelines require a maximum ½’ pile and the mat at this location is only ¼” thick. The mat will be removed, the sand base under the mat leveled with more sand added if necessary. The mat will be replaced insuring there is no abrupt grade change between the mat and the concrete approach on one side and the threshold on the other. The fire alarm pull stations are too high This matter is being addressed as a component of the Ahwahnee Fire and Life Safety project. Regarding to your concerns on the park’s mandate to develop a Self Evaluation and Transition Plan that covers” public program” access within the park A scoping document will be available to the public at the end of this month describing the range and complexity of programs offered here. The goal is to obtain public comment on how to improve the quality of a park experiencef or persons with hearing, visual, mobility and cognitive impairments. This document will summarize the structural and nonstructural barriers and describe the comprehensive Self-Evaluation process for each NPS organizational branch as well as all park partners including: DelawareNorth Companies Parks and Resorts at Yosemite (DNC), Best Studio AnselAdams Gallery, Yosemite Medical Group, Yosemite Dental Clinic, YosemiteAssociation, Yosemite Institute, El Portal Food Market, and El Portal FuelStation. Based on the public response, the Self-Evaluation will be finalized,deficiencies will be prioritized, completion dates established, and the agency unit or park partner responsible for correcting the deficiency will be identified; this document also will be available to the public. We will examine the policies and practices that govern the administration of each of the NPS and park partner’s programs and activities to insure discrimination does not occur and those findings will be incorporated with the Self-Evaluation in developing the Transition Plan. This will be the foundation in preparing future budget requests to eliminate accessibility barriers and correct deficiencies.
We sincerely appreciate your genuine interest to insure that persons with hearing, visual, mobility and cognitive impairments are provided the same opportunities and benefits of a visit to this world-class national park.
Sincerely,/s/Michael J. Tollefson
Michael J. TollefsonSuperintendent
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5/18/05
Subject: Public Document Request - Yosemite Park "Scoping" Document
Mr Michael L. Tollefson, Superintendent
Yosemite National Park
P.O. Box 577
Yosemite, California 95389
Mr. Tollefson,
Why is it that in your April 15, 2005 email to me, you indicated that ". . .A scoping document document will be available to the public at the end of this month (April) describing the range and complexity of programs offered here. The goal is to obtain public comment on how to improve the quality of a park experience for persons with hearing, visual, mobility and cognitive impairments. This document will summarize the structural and nonstructural barriers and describe the comprehensive Self-Evaluation process for each NPS organizational branch as well as all park partners including: Delaware North Companies Parks and Resorts at Yosemite (DNC), Best Studio Ansel Adams Gallery, Yosemite Medical Group, Yosemite Dental Clinic, Yosemite Association, Yosemite Institute, El Portal Food Market, and El Portal Fuel Station. . ." Where is that promised document and why, over 18 days past the promised date, have I not received a copy?
By this email, I am making a public document request and demanding that I be sent a copy of the promised "scoping" document immediately. Additionally, please inform me as to the name and background of the "access" consultant that you had informed me the Park was going to hire and use to review my complaint regarding the access violations within the recently completed Yosemite Falls trail. Additionally, please indicate when I should expect that review to be completed. Please also be aware that I will expect to receive a complete copy of that report.
I look forward to your timely response.
Richard Skaff303 Ashton LaneMill Valley, Ca. 94941Voice & Fax: 415-389-8628Mobile: 415-497-1091Email: rmskaff@comcast.net
From: Richard Skaff
To: Michael_Tollefson@nps.gov ; yose_superintendent@nps.gov
Cc: Dianne_Spriggs@nps.gov ; Jack_Andre@nps.gov ; David C. Park ; Don_Fox@nps.gov ; Janet Blizard ; Marsha Mazz
Sent: Wednesday, May 18, 2005 10:42 PM
=========================
From: Richard Skaff
To: Michael_Tollefson@nps.gov ; yose_superintendent@nps.gov ; Don_Fox@nps.gov ; Janet Blizard ; Marsha Mazz ; Sharon_Eller@nps.gov ; fran.mainella@nps.gov ; Dianne_Spriggs@nps.gov
Cc: Guy Wallace ; Sidney Cohen
Sent: Thursday, June 02, 2005 1:27 PM
Subject: Fw: Public Document Request - Yosemite Park "Scoping" Document
6/2/05
Mr Michael L. Tollefson, Superintendent
Yosemite National Park
P.O. Box 577
Yosemite, California 95389
Mr. Tollefson,
I understood from your 5/19/05 automatic email response to my 5/18/05 email (see below) that you would be out of your office between 5/16/05 and 6/01/05. That would appear to mean that you are now back in your office today.
Based on that information, if I don't receive an email response from you to my 5/18/05 email (see below again!), I will be contacting my attorney and filing a formal legal complaint (the term "lawsuit" you might understand!) against Yosemite National Park and it's Concessionaire, Delaware North Companies Parks and Resorts at Yosemite (DNC) for the many 504/ADA violations within the Park, such as the newly built, 13 million dollar Yosemite Falls Trail and the concession-operated facilities such as the Ahwanee Hotel and Yosemite Lodge.
I find your lack of responsiveness to me, a member of the public you are supposed to be serving, to be totally unacceptable and it will no longer be tolerated! Please understand that I am putting you on notice - you have until 5pm, Friday, June 4, 2005 to respond with the information I have requested or the next contact you will have will be from my attorney.
Richard Skaff303 Ashton LaneMill Valley, Ca. 94941Voice & Fax: 415-389-8628Mobile: 415-497-1091Email: rmskaff@comcast.net
==================================
Fw: Public Document Request - Yosemite Park "Scoping" Document
Date: 6/2/2005 3:17:25 PM Pacific Standard Time
From:
To:
CC: , ,
6/2/05
Mr. Russ Whitlock
Chief of Staff to the Director
NPS
Washington, D.C.
Mr. Whitlock,
Thank you for taking the time to call me today. I appreciate the opportunity to discuss my experiences at Yosemite National Park with you. I would appreciate it if you would pass this information on to the Director of NPS.
The attached are some of the emails that have gone back and forth between me and NPS over the last couple of years. I'm sure that Mr. Park, Mr. Fox, Ms. Spriggs and others within NPS have a more complete file on this ongoing interaction.
I look forward to receiving an email from you or Mr. Tollefson tomorrow, hopefully describing the many access violations I found that were included in my formal "504-ADA" complaint and what will be done to correct those and other violations that have been found and by when (a reasonable time period is acceptable).
Thank you.
Richard Skaff303 Ashton LaneMill Valley, Ca. 94941Voice & Fax: 415-389-8628Mobile: 415-497-1091Email: rmskaff@comcast.net
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Fw: Public Document Request - Yosemite Park "Scoping" Document
Date:6/9/2005 11:33:26 AM Pacific Standard Time
From:
To:
CC:, , , , , ,
6/9/05
Mr. Russ Whitlock
Chief of Staff to the Director
NPS
Washington, D.C.
Mr. Whitlock,
During our telephone conversation last Friday, June 3rd, you promised to call me on Monday, June 6th that would be in response to my June 2, 2005 email (see below). I never did received that promised call from you. Did you forget or simply decide that the call wasn't necessary? You had indicated that I would be hearing from Dianne Spriggs, the NPS Equal Opportunity Program Manager. I have not received any call or correspondence from her since our conversation last week.
The lack of action and responsiveness on the part of the U.S. National Park Service with regard to complaints about disability access violations you have received is truly astounding and a real insult to the public the National Park Service is supposed to be serving.
As part of the action I will now take, I am forwarding a copy of this email to the U.S. Department of Justice as a formal 504/ADA complaint with a demand for investigation by that federal agency. I am also forwarding copies of this email to my attorneys for their review and action.
I'm sorry that it has come to having to resolve the Yosemite/Delaware North violations legally. The funds the National Parks Service will now have to expend to pay the legal expenses on this case should have gone to correcting the many access violations within Yosemite, including the newly remodeled Yosemite Falls Trail.
Richard Skaff303 Ashton LaneMill Valley, Ca. 94941Voice & Fax: 415-389-8628Mobile: 415-497-1091Email: rmskaff@comcast.net
==========================
Re: Public Document Request - Yosemite Park "Scoping" Document
Date:6/10/2005 10:28:26 AM Pacific Standard Time
From:
To: ,
CC: , , , ,
6/9/05
Mr. Russ Whitlock
Chief of Staff to the Director
NPS
Washington, D.C.
Mr. Whitlock,
I just received the most inane and unresponsive letter (see attached) from Mr. Tollefson, the Superintendent of Yosemite National Park that I have ever received from any bureaucrat in "response" to my May 18, 2005 email to him (see my 5/18/05 email below). If Mr. Tollefson had taken the time to read my May 18 email, he would have understood that I expected more than the excuses his June 3, 2005 letter, received today, provides. In my May 18th email, I not only asked for a copy of the "scoping" document that his April 15th email said would be available by the end of April, but also asked, ". . . please inform me as to the name and background of the "access" consultant that you had informed me the Park was going to hire and use to review my complaint regarding the access violations within the recently completed Yosemite Falls trail. Additionally, please indicate when I should expect that review to be completed. Please also be aware that I will expect to receive a complete copy of that report. . ." Of course, Mr. Tollefson's letter didn't provide that requested information. Apparently, neither Mr. Tollefson or the Washington office of the National Park Service intends to respond to my complaint or my request for information unless I take legal action.
Additionally, a number of the comments in Mr. Tollefson's April 15th email to me (see below) were unsatisfactory and didn't respond to the apparent violations I found during visits to Yosemite. Two examples of his inadequate response included his comments regarding the fire alarm pull stations which aren't considered accessible because they don't meet the "operating mechanism" requirements of the ADA Guidelines and the non-accessible horsehair matt at the entrance to the Ahwanee Hotel, to name two. Now, it seems, as a reaction to my pursuit of resolution to my three year old complaint, Mr. Tollefson has decided to negotiate with an outside contractor to review my complaints and the apparent access violations. Interestingly enough, ever since filing my complaint, the Park Service has used the excuse of lack of funds as one of the reasons the access violations I brought to it's attention almost three years ago haven't been fixed. Now, instead of using the professional staff who are fully cognoscente of the Parks access mandates to determine whether the apparent violations exist or not, the Park management has decided to go "outside" and hire a consultant. This can only be construed to mean that the Park Service is "shopping" for the answers it wants instead of accepting it's failures and correcting the clear and present access violations.
The course of action taken by the National Park Service on the many access violations that exist in Yosemite Park is apparently not unusual and occurs at other National Parks sites, based on the case you informed me about - a woman who's child is deaf. You indicated that the child had attended an NPS "program" at one of it's parks, but was not provided a sign language interpreter. Apparently, none were available. As a public record request, please provide me with the contact information for that parent and child so I may contact them and get the details of their experience, which I'm sure, is not unusual for visitors with disabilities visiting our Country's National Parks. It's really a shame that the federal agency, created to protect our national parks and assure public access, doesn't!
I look forward to your response.
Richard Skaff303 Ashton LaneMill Valley, Ca. 94941Voice & Fax: 415-389-8628Mobile: 415-497-1091Email: rmskaff@comcast.net
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From: "Richard Skaff" To: , , , , Date: Mon, 13 Jun 2005 12:08:35 -0700
Subject: ABA Complaint - Yosemite National Park - Numerous Access Violations
6/13/05
Mr. Larry Roffee, Director
U.S. Access Board
1331 F Street N.W.
Washington, D.C.
20004-1111
Mr. Roffee,
I am sending this email to you as a formal ABA complaint due to the massive number of physical and programmatic access violations that have not been resolved at the Yosemite National Park in California even though that Park's management has known about the violations for the last three years. New construction, subsequent to my initial 504 complaint filed three or so years ago, including one of the most recent project, the new access route to the base of Yosemite Falls, also has major access regulatory violations. Additionally, after almost fifteen years, this park as well as most other National Parks (if not all) throughout the Country does not have a completed Transition/Self-evaluation Plan.
Because of the lack of a National Parks policy that should be holding each park manager (Superintendent) accountable for access failures like those at Yosemite National Park, these individuals face no consequence or accountability for their park's lack of compliance with federal accessibility laws and the lack of park specific compliance policies including standard operating procedures and protocols for the Park staff and concessionaires' interaction with the disability community (e.g. call-in reservations at National Park campgrounds - no TTY available at the main campground reservation number).
Please respond via email to this formal complaint (as well as in writing, if you feel the need). I look forward to a detailed description of how the U.S. Access Board will investigate my complaint and if my allegations are found to be correct, what Yosemite National Park will be required to do to bring the Park into compliance and by when. Additionally, please verify that you have received this email.
Thank you.
Richard Skaff303 Ashton LaneMill Valley, Ca. 94941Voice & Fax: 415-389-8628Mobile: 415-497-1091Email: rmskaff@comcast.net
====================
From: Jeffery Hill
To: Richard Skaff
Sent: Wednesday, June 22, 2005 2:28 PM
Subject: ABA complaint re Yosemite NP
Mr. Skaff - This is just a reminder, per telephone conversation yesterday, that you indicated you would provide a report with additional issues for inclusion in your Architectural Barriers Act complaint.
Jeffery Hill Senior Compliance Specialist U.S. Access Board 1331 F Street, N.W., Suite 1000 Washington, DC 20004-1111 (800) 272-2253, ext. 0044 or (202) 272-0044 (voice) (202) 272-0082 or (800) 993-2822 (tty) (202) 272-0081 (fax)
http://www.access-boad.gov/
=======================
Re: ABA complaint re Yosemite NP
Date: 6/23/2005 8:04:25 PM Pacific Standard Time
From:
To:
CC: , , , , ,
6/23/06
Jeffery Hill Senior Compliance Specialist U.S. Access Board 1331 F Street, N.W., Suite 1000 Washington, DC 20004-1111
Mr. Hill,
I have attached a copy of the access violation report from the Washington, D.C. office NPS. Please call me if you have any questions. I'm sure that I'm not the only individual with a disability that has found unacceptable and numerous barriers at Yosemite and other National Parks throughout the Country. In the near future, I will be forwarding you additional NPS sites with similar ABA violations for your review and response.
Thank you for your help with this matter.
Richard Skaff303 Ashton LaneMill Valley, Ca. 94941Voice & Fax: 415-389-8628Mobile: 415-497-1091Email: rmskaff@comcast.net
-----------attachment - please note the word doc does not have html coding - I will add as I get time-----
http://www.geocities.com/le3293/YosemiteReport.html
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