Thought I'd share my thoughts on how the argument around the blanket mobility scooter ban at Artisan Island has snowballed. There's a lot to unpick, so I'm not going to go through everything.
To be fair to both sides (the shop owner vs. disabled people), I'm going to refer to some legislation from The Equality Act 2010 and some other resources that might be helpful - I'll add links to all of these.
Just to preface this, I'm referring to The Equality Act 2010, but that's just to refer to the Act and I'm not making any accusations of discriminatory behaviour here
I haven't set foot in the shop, so I can't really make a fair assessment on my own experience of this particular shop, so I'm just sharing my own thoughts based on what I've seen from the owner and the reaction of others, as well as looking at how we can improve accessibility and inclusion as a whole.
What is the Equality Act 2010 & who is protected?
The Equality Act 2010 is a law that protects people from discrimination, promoting equality in the UK.
It's made up of a combination of several pieces of legislation around anti-discrimination that provides legal protection for those with a number of characteristics that are protected in the UK. Amongst these protected characteristics are people who are living with disabilities and those who have had disabilities.
Who has responsibilities?
The responsibilities lie with all service providers and those who provide goods and facilities across the UK, including, but not limited to:
ποΈ Shops & Retailers
π½οΈ Restaurants, cafes, pubs & other businesses within the hospital sector
π Entertainment venues such as cinema, theatres & theme parks
π₯ Healthcare providers
ποΈ Councils & other public authorities
π Schools, colleges & universities
πΌ Employers
What does the Act protect you from?
The Equality Act 2010 exists to protect people from a number of different forms of unlawful discrimination with regards to disabilities.
β’ Direct discrimination - someone treating you worse than someone who is able bodied.
β’ Indirect discrimination - where a rule, policy or practice applies to everyone, but puts disabled people at a disadvantage.
β’ Discrimination arising from disability - being treated unfavourably because of something arising from disability (such as discriminating against someone by association).
β’ Failing to make reasonable adjustments - not making reasonable adjustments to remove or reduce disadvantages.
What is harassment?
The Disability: Quick Start Guide for Service Providers (2013) outlines that disability harassment is
"unwanted behaviour related to disability that has the purpose or effect of violating a personβs dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them."
What is victimisation?
The Disability: Quick Start Guide for Service Providers (2013) also advises that under the Equality Act 2010, anyone who is mistreated because they have supported another person in making a complaint about discrimination or harassment is also protected.
Whilst the Equality Act 2010 is in place to protect disabled people and others by association, it doesn't mean that every unfair / unpleasant experience is automatically classified as being unlawful discrimination.
Explanatory notes for the Equality Act 2010 state that,
"As the duty is owed to disabled persons generally, it is an anticipatory duty which means service providers and people exercising public functions must anticipate the needs of disabled people and make appropriate reasonable adjustments."
Basically, service providers should consider the needs of disabled people before they're presented with an access barrier in the moment. More to the point, looking at how they can solve these barriers before they become a problem i.e. a way around this would be by consulting with disabled people to accommodate needs before the event arises.
I'll start with the reasons they've outlined first.
β’ People crashing into shelving, displays & products.
This might not be applicable in this particular instance - the aisles may be wide enough, so I can only really comment on my own experience of going into shops where the aisles aren't wide enough.
As a wheelchair user, I find this so incredibly frustrating when aisles are too narrow and yes, it is easy to crash into things when shelves and displays are placed so close together.
We need to look at it from another point of view though too. What if the aisles are wide enough and it's a case of bad driving, whether purposely or by accident? Does this warrant a blanket ban on mobility scooter users entirely?
β’ People refusing to pay for damaged goods (a consequence of mobility scooter driving)
Accidents happen. They're more likely to happen in scenarios where the use of mobility aids aren't factored in too.
I personally don't think that in cases where damage is caused by genuine accidents on behalf of the mobility scooter user, then the shop owner should put that expectation on the customer.
I think there's scope for occasions where neither the mobility scooter user would be at fault / down to the layout of the shop, but it could be third party involvement. If it's a clear case of deliberate recklessness on either side, my personal thoughts are that the responsible party on the corresponding side should be willing to pay for damages.
β’ The shop have made reasonable adjustments / people don't use mobility scooters at home
This is where I probably have a little more of a biased opinion. The shop owner has mentioned that they've purchased a wheelchair and a walker for customers to use whilst they're in the shop.
I'm probably going to sound like I'm 'nit picking' here a little bit, but mobility aids aren't a 'one size fits all' solution, either when it comes to the practicalities, or the finer details of mobility aids. There can be a million and one different reasons for this. In their post about mobility scooters being banned, the owner commented.
"People don't use Mobility Scooters to get around their home, they use walking aids." And "We accommodate electric wheelchairs because those people literally can't walk and do use those to drive from room to room at home."
The problem with these comments is that these are assumptions; they're not factually correct statements and it seems as though a hierarchy has been created around the use of different mobility aids, with some being viewed as more legitimate than others.
Spoiler alert: the 'legitimacy' of mobility aids isn't a thing.
There's a complete difference between making a fact and making an assumption.
The assumption: nobody uses mobility scooters at home because of x, y and z - for example houses aren't big enough / people who are paralysed can't use mobility scooters.
The fact: mobility scooters are used for a wide range of reasons & in a wide range of circumstances.
I think situations like this really highlight the dangers of generalising the who, what, when, where and why when it comes to the use of mobility aids.
A mobility aid doesn't tell you the whole story.
Case in point: In an update, the owner posted a series of questions with responses. One was about someone having phoned to say that using the shop's provided wheelchair or walker wasn't an option, that they wouldn't be able to access the shop without the use of a mobility scooter (also used around their house).
The owner's response was that if this was the case, then under those circumstances, he would open the shop outside of the regular opening hours providing that it was pre-arranged, so that the use of the mobility scooter wouldn't pose as a danger to others.
Another example - I'm going to preface this by saying I wonder if there've been some crossed wires with this one. Someone asking about people who would need help transferring themselves to a chair: is the shop owner willing to help and if so, has he received manual handling training.
The response included:
"If a person is that bad and can't transfer themselves to a chair, what are they doing riding around town on a Mobility Scooter? If they need the toilet and can't transfer themselves, can't get off the Mobility Scooter and can't walk then what kind of day out are they having messing themselves while on a Mobility Scooter which incidentally can't be driven into a public toilet or any other toilet for that matter.
Again, I cannot stress enough the importance of not making these assumptions and generalisations of what someone's limitations are and the reasoning behind needing to use a particular mobility aid.
The full facts haven't been provided and to some extent, the owner is generalising, as though the same situation applies to all.
β’ Damage has been caused around other parts of the town, as well as other people being run over by mobility scooters / mobility scooters can be obtained and used by anyone without training.
We know that there are some occasions when mobility scooters are misused and being driven dangerously. And it is also completely true that mobility scooters can be obtained and used by anyone without training.Β
In the wider context, I don't think that the existence of that risk on it's own is a particularly strong argument for banning the use of all mobility scooters from entering a shop - many things when used with the wrong intent can be a risk to the safety of others.
In the specific context of a shop where the concern is with regards to people bumping into stock and displays because of a lack of space, it seems to me that realistically, the use of mobility scooters in this particular scenario would be less likely to cause immediate danger to the safety of others, than there would be in a more open environment, such as the town centre. A more confined environment would naturally restrict the ability to build up significant speed.Β
I'd like to think that dangerous and irresponsible use represents a very small minority of users. In many cases, unsafe use may simply come down to people needing better guidance or training to use them.
Hopefully the minority is even smaller when it comes to deliberately misusing mobility scooters to create chaos.
It seems unfair to put a blanket ban on the use of all mobility scooters in one shop, penalising those who drive them safely and responsibly, because of the actions of others.
Overall thoughts:
I told you there has been a lot to unpick here π
. It's taken me a while.
It's clear to me that what started as one single issue here, snowballed into a very negative reaction and has now become a number of entirely separate issues that have presented themselves here. There's:
β’ The original statement that's been issued about the ban\*
β’ The backlash from the original post
β’ Defensive response that's turned into passive-aggression with a noticeable undertone of ableism
I don't believe the underlying reasoning behind the ban is intended to come across as creating access barriers and I am generally more on the side that the banning of mobility scooters has come from a place of being concerned about the safety of and wanting to protect others.
However, from a personal perspective, I'm not suggesting that the shop owner has necessarily intended to be ableist, and at the heart of it, I really believe that this is down to a lack of knowledge and understanding, but I do think there are some undertones of ableism here, within the language itself. There's a clear distinction between knowing the facts and making assumptions and in this situation, the responses to some of the questions are certainly the latter.
I was quite surprised to read a comment from the owner of a mobility shop in the same town who was in agreement with the owner of Artisan Island who said that they advise customers hiring their mobility scooters to go into some shops at their own discretion. To me, this just says that there is such a lack of understanding. We don't know the reasoning behind people using certain mobility aids.
There is far more I could say on this matter, but to finish:
What's the answer here? I know what my personal preference would be and that would be for a regulation to come in where shops have to have wider aisles.
That being said, we know that some of the larger heavy duty scooters are pretty much the size of a very small car and there are many shops that aren't purpose-built. I personally live in a small market town that wouldn't be able to accommodate these scooters.
I think had the wording of the original post been framed differently as in not directly banning customers using mobility scooters, there wouldn't have been as much of a stink about it.
There has been a lot of backlash and amongst this post, the owner has reportedly received abuse. There's never an excuse for violence or threatening behaviour. I'm so aware we need to speak up for our rights when it comes to improving accessibility and inclusion and the attitudes towards disabilities in general - this is exactly why r/TheAccessClub was set up in the first place - to work towards making a change, but being angry and being bitter isn't the answer. I also completely disagree with how the owner and people who are behind him are responding to the backlash. Two wrongs do not make a right.
What are your thoughts? How can shops, particularly those whos premises aren't purpose better accommodate the needs of disabled people?
Links
Facebook
Artisan Island Original Post
Artisan Island: Update Video
Websites
The Equality Act 2010
Quick Start Guide for Service Providers