By Stephen Pate – PEI’s Winterjazz festival discriminates against people with disabilities, in effect segregation. The long flight of stairs segregated the jazz venue excluding people with a disability
People with disabilities who use wheelchairs, scooters and walkers are defacto barred from attending Winterjazz.
A long flight of stairs bars anyone in a wheelchair from attending Winterjazz at The Pourhouse (photo Stephen Pate/NJN)
Why in 2017 is it OK to discriminate against people with disabilities by holding public events at locations they cannot access? This especially timely since we are in the middle of National AccessAbility Week
Segregation of people with disabilities is discrimination
If a public event is held that excludes a minority by act of commission or omission, it is defacto discrimination.
Discrimination is “the unjust or prejudicial treatment of different categories of people” on the grounds of race, age, sex, or disability.
That’s ridiculous, some might say. Think about it. What if the Winterjazz excluded you because you are gay, a woman, a Muslim, or another race?
Would you be offended or outraged if your gay son or daughter wasn’t allowed in the door of a restaurant, hotel, store or other public place?
he Pourhouse bar above The Old Triangle is inaccessible to disabled people in wheelchairs (photo Stephen Pate/NJN)
The Pourhouse, above the Old Triangle, is totally inaccessible to people in wheelchairs. The organizers know it and offered a feeble apology.
“It is unfortunate that it is not accessible,” said Mr. Deryl Gallant, who is standing in for Glenn Strickey Winterjazz organizer. “I feel bad every time I walk up those stairs that our event is not accessible.”
“Paul Vienneau (bass player) is a friend and I know full well what he goes through,” said Gallant. “I won’t say I fully understand, but you know.”
No offense to Mr. Gallant but his empathy is about the same as segregationists who would preface their statements with “some of my best friends are black.”
There are plenty of accessible venues in Charlottetown, PEI but the organizers did not pick one. The last Winterjazz performance of the season was held at the Pourhouse in Charlottetown, PEI on Saturday May 27th, 2017.
This is the second time in two months a major event has been held at The Pourhouse. The last one was an April concert by American blues singer Guy Davis. The Truth About Guy Davis And Wheelchairs
Mr. Davis performance at a segregated bar was ironic at best. Mr. Davis appeared in a venue that would be illegal in the United States, according to the Department of Justice guidelines for the Americans with Disabilities Act. He knew it in advance. It was the only venue on his cross-Canada tour that segregated people in wheelchairs.
These kinds of signs have been illegal in California since the Unruh Civil Rights Act in 1959 and nationally since a 1964 U.S. Supreme Court ruling outlawed segregation. (photo ACLU Northern California)
That’s doubly troubling because as an African-American, Mr. Davis would have personal experience with the injustice of racial segregation. His empathy for people with disabilities, another minority, was clearly lacking. In the end, profit was the overriding motive. It was more profitable for Mr. Davis to perform at the Pourhouse and the law on PEI allowed it.
The Law on Disability Discrimination and Segregation
The law has enough wiggle room that Canadians with disabilities are not protected from this discrimination. The Canadian Human Rights Act (CHRA) defines discrimination as denying someone services or facilities or providing someone services or facilities that treat people with disabilities adversely and differently.
The CHRA only applies to federal organizations. The public consultations on a Canadians With Accessibility will probably be limited to the Federal government as well.
Nova Scotia recently passed Bill 59 (Accessibility Act) which promises to make inaccessible events illegal in Nova Scotia. “The legislation is designed to ensure Nova Scotia is more accessible to those who are physically or intellectually disabled. It could affect everything from building design, to how disabled people are treated in the workplace, to public transportation and education.” CBC
PEI has no similar legislation. The PEI Human Rights Act has non-discrimination language but then exempts itself from public venues. Business people will generally take the lowest cost way out of any situation. It costs money to make sure a store, restaurant, venue or other business is accessible.
Without legislation, accessivilty only happens when businesses are enlightened. Human rights can’t depend on goodwill. If politicians can legislate building and safety codes for public places, why not accessibility.
It’s time for PEI to modernize its Human Rights Act to make sure the 22,000 Islanders with disabilities are treated the same as everyone else. There is no need for segregation on PEI.
arthurthecommonhousefly
Paul Vienneau here.
I agree with you a hundred percent, Stephen.
I played in the PEI music scene for three years while I lived there. I had a ramp added to the Victoria Row stage for me, but also for everyone who pushed a road case up it, and for you, who played there as well.
One of the problems is “civilians” without a disability see a door opener button or a ramp as “disability tech”, when really every piece of technology that makes yours and my life doable also trickles up and makes the life of every person with a stroller, delivery person, and the able easier. Everyone uses the door openers on my street in Halifax, Spring Garden Road. I went to many of the businesses and suggested they have the openers installed, as they allow me to get in on my own power, but almost every other customer would use them.
After years of waiting for the Halifax Jazz Fest to become inclusive, and calling/emailing to ask(as someone who was a musician playing it, and working in other capacities), I called the new executive director this winter and offered to consult to begin the process of setting it up as an accessible festival, finally.
We will have a viewing platform by the soundboard, where the sound is the best, and people in chairs and scooters can see over heads(a complaint of yours), some braille programs, “disability services” volunteers, and even low rise covers over the cables. Will it be perfect this year? Probably not, but we’re trying to build inclusion into the foundation bedrock of the festival so that it becomes part of the values the festival puts forth, that *everyone* is invited, and we’ll have the 100% accessible venues for the first year this year to put the rubber to the road, so to speak.
I know and have great affection for Deryl, but having an upstairs venue is so easily fixed- don’t have shows or functions for the festival in unaccessible venues. They could use an accessibility consultant to help them keep in mind what they need to do. Our Bill 59 is one thing that is good(I was involved in the Bill 59 Community Coalition that addressed the Law Amendments Committee twice and convinced the gov’t they were going about it incorrectly which lead to our members being invited to help rewrite the legislation, which I understand is unheard of).
Legislation is one thing, but the real change has to start in the minds of the people who put on these events, and businesses and government people who need to buy into inclusivity as a matter of the cost of doing business that is just and right, and not a thing subject to cost/benefit analysis.
By whatever means necessary, this should be the last year the PEI festival is non inclusive. Not just for the audience, but for the performers as well. I’m doing all my work as a retired musician.
It’s just the right thing to do.
Paul Vienneau
arthurthecommonhousefly
And since your piece was about Winterjazz, I played the first couple years of it in an accessible location, Haviland House down by the armoury. The guys I played with all watched me get carried up to the main stage at the festival and other gigs we did. It bums me out when people don’t learn from someone else’s travails just trying to do the thing they love. I’m going to call the festival organizers and Winterjazz guys and let them know what their obligations should be.
Stephen Pate
Thanks for the detailed comment. I tried attending the Halifax Festival and actually got removed from the audience one day for being too tall in my wheelchair near the front one morning. I hope you make a difference.
Bill 59 is amazing and while there are years of tough sledding ahead, it is very hopeful.
Good to hear from you. Stephen Pate
Stephen Pate
Awesome.