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20 years of rights under the ADA

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While many people might take it for granted that accessibility for all people is now commonplace and that it is illegal to discriminate against an employee based on a disability, the Americans with Disabilities Act was signed only 20 years ago.

It wasn’t until 1992 that the first provisions went into effect regarding the accessibility requirements. Employment provisions didn’t go into effect until 1994.

One Indianapolis attorney who was at the 1990 signing of the ADA, Greg Fehribach, was at the White House with his family last month when President Barack Obama and those involved with the original bill commemorated the 20th anniversary.

Fehribach was born with osteogenesis imperfecta, or “brittle bone disease,” and has been in a wheelchair most of his life. He works as a consultant regarding ADA issues on a number of high-profile projects in central Indiana.

ada Indianapolis attorney Greg Fehribach and his wife, Mary Beth, recently visited the White House to commemorate the 20th anniversary of the Americans with Disabilities Act. He was among those in attendance when it was originally signed into law. (Submitted photo)

While in Washington, D.C., Fehr-ibach said he had an enjoyable time overall, including a personal conversation with the president when he was at the White House July 26 with his wife, Mary Beth Fehribach. He also said the White House was much more accessible this time than 20 years ago.

But the invitation has given him pause to think about the changes of the last 20 years, he said, particularly its impact on people with disabilities like himself.

Looking back, Fehribach said that even when he swore to uphold the rights of the Indiana and U.S. constitutions as a new lawyer in 1986, he himself could still be legally discriminated against because of his disability.

Before the ADA, businesses didn’t need to worry about accessibility or employment of people who had disabilities. So at the time the bill was signed, he said there seemed to be fear among businesses about possible litigation for non-compliance and about how much it would cost to become compliant with accessibility for customers and employees.

But many attitudes about the ADA have since changed, he said.

Business owners realized they may have been effectively excluding many people as customers and employees, he said, and since the ADA they have made more efforts to include everyone.

The act may even be more relevant today than 20 years ago because of the changing population: Baby boomers who were in their 40s at the signing of the ADA are now in their 60s and are more likely to have developed an ailment that could be considered a disability; there is an increasing number of disabled war veterans returning from Iraq and Afghanistan; and more people tend to survive various ailments because of improvements in medicine, but they may need improved access as a result.

Even after 20 years, Fehribach still has an occasional experience that reminds him more can be done. For instance, when he first arrived in Baltimore, he and his wife were stranded because a shuttle with a lift he’d reserved to take him to his hotel had accepted another fare to Washington, D.C. They had to wait for an hour for another van with a lift.

He was also unable to take a water taxi in Baltimore because it wasn’t wheelchair accessible. In Washington, D.C., he encountered two separate buses that had issues with their wheelchair lifts, delaying him from reaching his destination.

But it’s these types of situations that have helped him as a consultant since the passage of the ADA for high-profile projects in Indianapolis, including The Children’s Museum, Lucas Oil Stadium, and the Indiana Convention Center. As a lawyer, he understands the legal implications of what he does and what his clients need to do to meet the standards.

For The Children’s Museum, his involvement started with work on the Dinosphere exhibit more than five years ago. That exhibit includes a “vertical dig” he helped design. It’s a place targeted to children in wheelchairs to dig into a wall to find artifacts because they can’t dig at ground level.

He also helped design an accessible tuk-tuk for the “Take me there: Egypt” exhibit. A tuk-tuk is a three-wheeled enclosed motorcycle-like vehicle that isn’t wheelchair accessible. Fehribach suggested the museum have one cut in half so a child in a wheelchair could slide in.

“The Children’s Museum takes a holistic look at accessibility,” Fehribach said. “It’s not just a place for recreation but also for learning. People are integrated there on all levels,” including families, friends, classmates, and neighbors, he said.

He also worked with the museum on its “Power of Children: Making a Difference” exhibit that includes the stories of children who handled discrimination and racism and “Treasures of the Earth,” a future exhibit that focuses on archeology.

“Over the years, Greg has really become the museum expert,” said Jennifer Pace Robinson, director of exhibit development at The Children’s Museum of Indianapolis.

“… He has always felt like another exhibit team member, not like an outside consultant,” she said via e-mail. “… He reviews all of our ideas and then suggests ways to create experiences that are accessible to many different audiences, including the very young, grandparents, and adults/children with disabilities. He is really still like a kid; he thinks about what kids want to do and helps us see how we can meet our goals without excluding any child.”

“To see the looks on children’s faces, knowing that everyone can stand in line together. … They can learn how to work, how to play, and how to participate together,” Fehribach said.

He has worked with John Klipsch, executive director of the Indiana Stadium and Convention Building Authority, on the Indiana Convention Center and Lucas Oil Stadium. Prior to his work with the ISCBA, they worked together on Conseco Fieldhouse and the Indiana State Museum.

“Greg … understands the important issues that are not always clear or laid out in the ADA law, and he’s able to address those in a sensible manner,” he said.

As far as the importance of accessibility in sports facilities since the passage of the ADA, Klipsch said, “it’s important to have parity among all the seating arrangements, and that’s been a process that’s evolved as the sophistication of the customers has evolved. They understand that disabled customers need a choice in price level for seating, and Greg has helped us develop great options.”

Bill Browne, founding principal of Ratio Architects, also has worked with Fehribach on various projects, including the convention center and the Indiana State Museum, among others.

“The thing I really admire about Greg is it’s great to have someone so open about his disability. … He says, ‘This is who I am, and I have a perspective to bring to projects.’ … And he’s schooled as an attorney in this area in a strong way, which gives us great comfort.”

He added, “Greg always thinks about not only how you can meet the minimum but also what should be the right answer? … He has brought to me and others in the firm an appreciation of what it means to do more than just the minimum. Let’s do what’s right for the building and the community.”

Jim Schellinger, chairman and chief executive officer of CSO Architects, echoed others about Fehribach’s work. The two have worked together for about 20 years on various projects including the new Indianapolis Airport, Ball State University’s Music Instruction Building, the JW Marriott Complex in Indianapolis, Archdiocese of Indianapolis projects, and the Columbus high schools.

While the passage of the ADA “initially created great anxiety based on unknowns,” he said via e-mail, “… thanks to Greg’s consulting work, knowledge, and skills we have become fully adapted to ADA and are proud that all CSO projects are universally accessible.”

“Our clients hold Greg in high regard and really appreciate his focus and flexibility. They know he is focused on doing the right thing and guides them in this direction at all times,” he said.

Fehribach also is working with Ball State students with the school’s Bowen Center for Public Affairs. He teaches “The Disability Culture: Enhancing Today’s Economy.” The course focuses on “the challenges and opportunities facing both Americans with disabilities and employers in fulfilling the promise of legislation aimed at providing equal opportunities for persons with disabilities in the workforce.”

Going forward, Fehribach said when attorneys have clients with any kind of fear when it comes to the ADA, he hopes attorneys will take the time to remind their clients why it’s important to include those with disabilities.

“While I said 20 years ago that it was cheaper to make changes than to have litigation, now I would say that it is more economically prudent to invite people with disabilities into your business for economic reasons. That includes customers who have children, aging parents, or spouses with disabilities,” he said.•

Indiana Lawyer interviewed Fehribach in 1990 after the signing of the ADA. Click here to read the online version of that story. 

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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