For immediate release...

Fairfax, Virginia - Kris Gulden is claiming victory in round one of The War On Low Toilet Seats after receiving an email response to her July 31 complaint to the U.S. Department of Justice and the U.S. Forest Service regarding an ADA non-compliance issue at El Yunque National Forest.

Gulden's complaint was lodged after she discovered a toilet with a 14" floor-to-seat height - well below the 17"-19" required by the Americans with Disabilities Act - in the accessible women's restroom at the tropical rainforest in Rio Grande, Puerto Rico while vacationing there last month.

This afternoon Gulden said she received the email from a Public Service Staff Officer with the U.S. Forest Service. The email acknowledged that the Forest Service takes the issue "very seriously".  It further indicated they were "disappointed to discover that the toilet in the women's restroom did not meet accessibility requirements."  The email disclosed that the problem was "immediately corrected" and included a photograph to verify the completed work.  In addition to thanking Gulden for "taking the time to share your concern so that others may have a more enjoyable experience on our national forests", the Forest Service is considering honoring Gulden by naming the wheelchair accessible restroom stall after her.

Kurt Miller, son of the legendary filmmaker Warren Miller, is working on a documentary about the accessibility of the ocean.  The Current features - among others -  Olympic gold medalist Missy Franklin, Bethany Hamilton (a pro surfer who lost her arm during a shark attack), Mallory Weggemann (gold medalist at the 2013 London Paralympics), Anthony Robles (NCAA champion wrestler who was born with one leg), and is narrated by Jean-Michel Cousteau, son of Jacques Cousteau. 

The 40-minute documentary was shot in Bimini, Cozumel, and the Kingdom of Tonga, and shows people participating in adaptive water sports like scuba diving, kayaking, surfing, and free-diving.  In addition to its messages about the resilience of the human spirit and the healing power of water, The Current seeks to remind us all of the importance of protecting our oceans.

To see a trailer of the film and/or make a donation to support the production of this independent film, please visit the web site http://www.makeahero.org/films-heroes/the-current/.

While I wait for a response to my letter to the Department of Justice and the U.S. Forest Service about the toilet seat height at El Yunque, I just wrote this one to the manager of Villa del Palmar, the resort my mom and I stayed at in Mexico.  Who would have ever thought that going to the bathroom would be such an issue?

Good morning, 

I am writing to express my thoughts regarding a recent stay at your property in Cancun.  Due to a spinal cord injury, I use a wheelchair.  I have no leg function and am unable to walk.  I am completely reliant on my wheelchair.

I knew when I reserved a room at Villa del Palmar that it would probably not conform to the standards required by the Americans with Disabilities Act (ADA) since that Act does not apply to facilities in Mexico.  But I was very pleasantly surprised when we arrived at the resort and I found a street-level entrance to the lobby and gently sloping ramps throughout the grounds.  It was easy for me to maneuver my wheelchair around the swimming pools, into and out of the restaurants, and through the corridors leading to guestrooms. 

The room my mom and I stayed in (3004A) from August 2 - 8 had an enormous bathroom with grab bars around the toilet and in the bathtub.  It was a real disappointment, though, to see that the toilet seat in our "accessible" room was several inches lower than the seat on my wheelchair.  The ADA requires toilet seats be 17" - 19" off the floor.  The lower seat height in room 3004A made it very difficult for me to transfer from the toilet into my wheelchair.  I am particularly bothered by this situation because the bidet in the women's restroom in the hotel lobby has a seat height that is level with my wheelchair seat.  So the lobby restroom is better equipped than the guestrooms designated as wheelchair accessible.

In spite of the grab bars in the bathtub, the fact that the resort does not have shower benches available for disabled guests made it impossible for me to shower while I was on vacation.  And the roll-under sink in the bathroom - a terrific feature - has a decorative wooden faceplate that hangs down so low I scraped my thighs on it while rolling under the sink to brush my teeth.

During my stay at your facility, I learned that Villa del Palmar Cancun Resort and Spa is undergoing a massive expansion.  It would be nice if this multi-million dollar project included a few thousand dollars for upgrading and improving accessibility features for disabled guests.  Toilets and shower benches are not that expensive to buy, and removing the decorative wooden trim on the bathroom sinks would allow these sinks to be safely and comfortably used as they are intended. 

I would also like to suggest that purchasing a few beach wheelchairs be considered.  I saw three other guests in wheelchairs while I was at Villa del Palmar, and although I greatly appreciate your staff members carrying me down the steps from the pool deck to the beach so that I could lie on a lounge chair, a wheelchair that rolls through the sand would allow me and other disabled guests the opportunity to enjoy the ocean water.

Villa del Palmar is a beautiful resort with exceptional employees.  My mom and I had a wonderful vacation in Playa Mujeres, and our return is not out of the question.  You are welcome to contact me if you have questions regarding how to implement my suggestions.

Sincerely,

Kris Gulden

This afternoon I emailed the following letter to the U.S. Forest Service and to the ADA Complaint unit of the U.S. Department of Justice.  I wonder...if I had catheterized myself in the parking lot of El Yunque since they did not have an ADA-compliant restroom, could I have been arrested for urinating in public?

Good afternoon,  

I am writing to inform you of non-compliance with the Americans with Disabilities Act at El Yunque National Forest in Rio Grande, Puerto Rico.  I believe this property to be owned by the United States government since its web page indicates its allegiance with both the United States Forest Service and the United States Department of Agriculture.  

I have a spinal cord injury which requires me to use a manual wheelchair.  While visiting El Yunque on Monday, July 1, my family stopped at the El Portal Visitor's Center.  According to an article about the history of architecture of the U.S.D.A. Forest Service (www.foresthistory.org/ASPNET/Publications/architecture/chap2d.htm), the El Portal Rainforest Center was built in 1996 - well after passage of the Americans with Disabilities Act.  

Given its fairly recent construction and the fact that El Yunque is federal property, I was disheartened to see that the accessible toilet in the women's restroom at El Portal does not conform to the required seat height of 17" - 19" from the floor.  Although the accessible stall had ample space for a wheelchair (and grab bars mounted to the walls), I would have had difficulty transferring from my wheelchair to a toilet that is as short as this one is.  Even if I had been able to get onto it, I would certainly not have been able to get off of it.  How sad that our journey through this splendid national forest had to be cut short so that I could go back to the hotel to use the restroom.  

Please let me know how you plan to proceed with correcting this problem.  It certainly seems to me that the United States government should comply with the laws it writes.  

Sincerely,
Kris Gulden

Just after I published my web site and thought I had begun my career as a travel writer, the Travel section of The Washington Post (Sunday, July 28) had this on its cover page:  "Have wheels, will travel".  Three major articles about traveling with a disability covered four of the six page section.

Reid Davenport has cerebral palsy.  He uses an electric wheelchair.  Carole Zoom has congenital muscular dystrophy.  She uses an electric scooter and a ventilator.  While I take week-long trips to resorts that I can reach on a nonstop flight,  Davenport braved parts of Europe on a 20-day mission to film a documentary about the challenges people with disabilities face in Ireland, France, and Brussels.  Zoom went to China, where the stigma of living with a disability made her a spectacle everywhere she went.

If you'd like some perspective, check out their stories:
http://www.washingtonpost.com/lifestyle/travel

I was in the airport in San Juan, Puerto Rico on Saturday, July 6 waiting for the plane that would bring me home.  The televisions were all showing news reports from San Francisco, California, where an Asiana Airlines flight had made a crash landing earlier in the afternoon.  That's not the kind of news I wanted to hear before my flight took off.  It's like watching Jaws before going to the beach.  You don't do it.

Now - a week before I go to Mexico to snorkel with whalesharks - there's this story:   http://www.usatoday.com/story/news/nation/2013/07/23/whales-nearly-eat-california-divers/2581441/