Racine museum not ADA 'exempt,' must accommodate disabled patrons

RACINE, Wis. - A Racine woman's quest for ancient public records hits a barrier she cannot cross in a government-owned building inaccessible to those with physical limitations. The response she got when she complained prompted her to contact the FOX6 Investigators.

A few years ago, Minerva Siegel and her husband, Max, were shopping for houses when they found a gem directly across from West Park in Racine. The 120-year-old, four-bedroom home had a large front porch and rich, flamed birch woodwork.

"We were like, ‘This is the one!'" Siegel said.

However, there was a problem. Siegel has a heart condition and joint problems and arthritis.

"And a connective tissue disease and two brain tumors and like, I'm just really messed up," Siegel said.

Minerva and her husband knew she would end up in a wheelchair, eventually. A stroke two years ago sped up the process.

"We have like a four-story house, and I'm kind of stuck here," Siegel said.

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So, the Siegels turned the main floor dining room into a bedroom, and they added a ramp out back. That is something they could afford, in part, thanks to Siegel's commercial success authoring books on witchcraft. She also created decks of Tarot cards for Disney and Gothic animator Tim Burton. 

Still, more substantial renovations were out of reach.

"We looked into kind of getting some kind of elevation system put in, but it was like $200,000," Siegel said.

If anyone understands the conflict between old architecture and physical limitations, it's Siegel, but it's what she encountered at another historic building just a few blocks from home that prompted her to contact the FOX6 Investigators.

"They think they’re exempt from ADA laws," Siegel said. 

Siegel is referring to the occupants of a stone building at 701 Main Street in Racine. The building, constructed in 1904 as the Racine Public Library, is one of 59 structures in Racine County on the National Register of Historic Places. Since the 1960s, it's been home to the Racine Heritage Museum – a free museum that houses a treasure trove of historical records.

"I think I have a right to access those records just like anybody else," Siegel said.

The museum's archives room is free to the public, by appointment. Siegel wanted to search those records to learn about her new home, which also has an historical designation. Trouble is, the ancient museum building has just one way in – up a set of eight concrete steps.

"What do these eight stairs mean as far as you getting to those records?" asked FOX6 Investigator Bryan Polcyn.

"It means I can’t access them," Siegel said.

Inside the front door are more stairs that lead up to the main level. Stairs that lead down to the archive room. And even more stairs to get the museum's only bathrooms. In short, the building is not accessible for individuals with disabilities. 

According to the museum's website, it does not have to be. 

"Due to 701 Main Street being a historically preserved building, RHM is exempt from ADA requirements," the website reads.

"I know it's a historical building, but I don't think that's right," Siegel said.

According to the Wisconsin Historical Society, the museum is wrong.

"Historic properties are not exempt from ADA requirements," reads a post on the Wisconsin Historical Society website. "Historic buildings must be as accessible as non-historic buildings to the greatest extent possible."

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The ADA is the Americans with Disabilities Act, a landmark civil rights package signed into law by President Bush in 1990.

"There's no law or no sort of loophole in the ADA that gets a facility out of its duty to accommodate people with disabilities," said Hannah Balder, attorney for Disability Rights Wisconsin.

Balder said the ADA does allow a hardship exemption for renovations that are cost-prohibitive.

"No one here is asking the museum to suddenly put in ramps or change their doors," Balder said.

But it's not a free pass to treat disabled individuals differently.

"This is really an issue of reasonable accommodations," Balder said.

What rankled Siegel was not the lack of ramps or elevators, but the museum's policy of charging $35 per hour to have an archivist search the records for her.

"That’s almost five times minimum wage," Siegel said.

Something an able-bodied person could do for free.

"I’m in a unique position in that I am a working disabled person. And I do have a career. But so many people don’t," Siegel said. 

Siegel posted a one-star online review about the practice, prompting the museum to post a response.

"The money we charge for services such as archive research and educational programs goes directly into helping us keep the museum open," it read. The post mentions a "free, 15-minute ‘quick search’" available to all patrons, suggesting anything longer than 15 minutes would incur a charge. No such a time limit applies to in-person research for able-bodied patrons.

"It's just plainly inconsistent with the ADA," Balder said.

The museum's post ended by suggesting Siegel may want to "donate to the museum in support of a new building that is more accessible."

"That really felt like a slap in the face," Siegel said.

Museum Director Christopher Paulson now says it was not "intended to be insulting," but was instead "reflective of the realities of a small nonprofit that relies in large part on community generosity."

"It's unacceptable," said Racine County Supervisor Valena Coleman.

Racine County owns the building and leases it to the nonprofit that runs the museum.

"We need to do better," said Coleman, who believes a free search is warranted. "That's the least that we can do. There’s no harm in that…Because at the end of the day, if she could do it herself, she would."

"Would that be enough to you?" Polcyn asked.

"Yeah, absolutely," Siegel said.

To Siegel, it's not just about the money. It's a matter of principle.

"We all should be able to learn about our city," Siegel said.

What is free for one, should be free for all.

After we contacted Supervisor Coleman, Racine County Corporation Counsel issued the following statement:

"Racine County is committed to ensuring its buildings and facilities are inclusive and accessible. In the case of older facilities where structural changes may be cost-prohibitive, the County nevertheless strives to ensure its services, programs, and activities are accessible to persons with disabilities. The County has highlighted the importance of program accessibility with the Racine Heritage Museum and will work with its leaders to ensure the full community can enjoy the wealth of information and resources the museum offers."

The museum's director then issued his own statement, which included a promise to do a longer search, if necessary, "free of charge":

"We have made it clear that we offer a 15-minute free search - that is open to everyone. Nearly all inquiries can be satisfied with this option. In all likelihood, had the individual followed up with that option, she would have had the information she sought a long time ago, and she is absolutely welcome to contact the Museum to engage this service.  The 15-minute timeframe is based on the average amount of time our archivist spends pulling files and working with an in-house client who has booked a standard hour visit.  If it looks as if additional time is required to complete the search, we are of course happy to accommodate that at no additional charge."

"Our hourly research fees typically apply to more in-depth and long-distance research activities, often involving subjects where documentation is scarce; however, more common subjects including historic homes, institutions, manufacturers, individuals and families and general local history inquiries are very well organized and readily accessible."

"I will reiterate that, despite the limitations imposed by our facility, we are committed to making every effort to accommodate people with disabilities and other barriers to provide as much access as possible to our collections and programming."