Tag Archive: Americans with Disabilities Act

One teen’s efforts to update the Americans With Disabilities Act

by Daniel Fink, MD, Chair, The Quiet Coalition

I recently wrote about Bryan Pollard’s efforts to bring hyperacusis to the attention of the ENT research community, asking the question, “Can one person make a difference?” The answer clearly was, “Yes.”

Today I’m writing about another single-handed effort to bring about change, also about hyperacusis.

Hyperacusis is a condition that causes a person to be unable to tolerate everyday noise levels without discomfort or pain. And a teen named Jemma-Tiffany with this condition is trying to get another section, Title VI, added to the Americans with Disabilities Act.

As she writes, “[t]his addition to the ADA would Require that all services, facilities, activities either provide a person who has a condition who would otherwise be in pain, ill, or unable to participate due to the sensory and other environmental factors with either an accessible virtual option, modify the sensory or other environmental factors to meet their needs, or provide them with a separate specialized environment to meet their needs.*”*

She has met with one of her senators and will meet the other, and her congressional representative, soon.

Environmental modifications intended specifically to help those with disabilities really make life better for all. Two examples are the ADA lever-style door handle, which makes doors easier for everyone to open, and curb cuts and wheelchair ramps that make life easier for parents pushing a baby stroller, or delivery workers with a cart of packages, or repair technicians with heavy equipment on wheels.

And a more accessible or quieter world mandated by an ADA Title VI will be a better and more enjoyable place for all.

We hope Jemma-Tiffany is successful in her efforts.

Dr. Daniel Fink is a leading noise activist based in the Los Angeles area. He is the founding chair of The Quiet Coalition, an organization of science, health, and legal professionals concerned about the impacts of noise on health, environment, learning, productivity, and quality of life in America. Dr Fink also is the interim chair of Quiet Communities’ Health Advisory Council, and he served on the board of the American Tinnitus Association from 2015-2018.

Can a machine learn to solve our speech in noise problem?

by Daniel Fink, MD, Chair, The Quiet Coalition

This piece in The Hearing Journal asks, “Can a Machine Learn to Solve our Speech in Noise Problem?”

Maybe yes, maybe no.

The “speech in noise” problem is the difficulty many people with hearing loss–and even people with normal hearing as tested by pure tone audiometry–have  following a conversation if the room (often a restaurant or party) is noisy.

I have that problem, as many adults do, and I also have three problems with this article.

First, talking about a technological solution to the speech in noise problem without discussing how we can interfere with the development of this condition by simply making the world quieter to prevent hearing loss is irresponsible. Imagine public health officials in the 1950s focusing on making better wheelchairs, braces, and crutches for those affected by polio without also working to prevent polio by developing a vaccine. You can’t, because that would have be absurd. To prevent noise-induced hearing loss, we don’t need more research. We don’t need a vaccine. All we need is to make a quieter world, something that has been known for decades.

Second, an even better solution to the speech in noise problem would be to require quieter indoor spaces.

Third, requiring quieter public spaces is exactly what the Americans with Disabilities Act (ADA) requires. People with hearing loss clearly meet the ADA definition of having a disability, and they require “reasonable accommodations” to allow them to fully enjoy (yes, this is the legal standard in ADA) places open to the public. I will be speaking about “Disability Rights of Ambient Noise for People with Auditory Disabilities Under the Americans with Disabilities Act” at the December meeting of the Acoustical Society of America, in New Orleans. I recent learned that my talk will be broadcast live over the internet. Details of how to listen will be posted when they become available.

Dr. Daniel Fink is a leading noise activist based in the Los Angeles area. He serves on the board of the American Tinnitus Association, is the interim chair of Quiet Communities’s Health Advisory Council, and is the founding chair of The Quiet Coalition, an organization of science, health, and legal professionals concerned about the impacts of noise on health, environment, learning, productivity, and quality of life in America.

Noisy restaurants redux

Photo credit: James Palinsad licensed under CC BY-SA 2.0

By Daniel Fink, MD, Chair, The Quiet Coalition

Both my parents served in the U.S. Army in World War II, met while in the service, and married shortly after the war ended. I was born a few years later. So I am a “baby boomer,” but I’m not a regular reader of BOOMER Magazine. That said, this article in BOOMER Magazine about noisy restaurants clearly defines the issue, even as it fails to deliver the right solutions.

The article talks about the heartbeat of a restaurant, i.e., the unique ambience. Unfortunately, in many restaurants that heartbeat is far too loud. The problem is that many baby boomers have significant (25-40 decibel) hearing loss, which makes it impossible to understand speech in a noisy environment. And in many cases, noise levels in restaurants and bars are loud enough to cause further hearing loss, discomfort, and even pain.

Many of us boomers are in our mid to late 60s. We may think of ourselves as “forever young,” but the reality is that (with graying and/or thinning hair, thickening middles, and bifocals) we are not the “demographic” that marketers and retailers want, even if many of us have a lot more money and a lot more time in which to spend it that younger people do. For many baby boomers our mortgages are paid off, the kids are done with college, and we’ve funded our retirements. And members of this demographic are looking for restaurants in which we can enjoy a meal AND a conversation with family and friends. But as long as the restaurants are busy–and they sure were in west Los Angeles last night–the restaurateurs and barkeeps have no reason to make things quieter.

This December I will be speaking on the disability rights aspects of ambient noise at the meeting of the Acoustical Society of America in New Orleans. It’s my position that the answer to excessive restaurant noise isn’t eating earlier, or choosing a quieter restaurant (a near impossibility in many cities, including mine), or grinning and bearing it, as BOOMER Magazine suggests, it’s making restaurants quieter. In many cases, this doesn’t cost anything: just turn down–or turn off–the music!

I’m a doctor with tinnitus and hyperacusis, not a lawyer. But it seems to me that those of us with partial hearing loss, tinnitus, and hyperacusis meet the Americans with Disabilities Act (ADA) definition of having a disability. The ADA defines an individual with a disability as “a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.” If I’m correct, ADA regulations should require “places of public accommodation”–including restaurants and bars–to be quiet enough to allow those with auditory disorders to converse while enjoying a meal or a drink. That is, people with partial hearing loss, tinnitus, and/or hyperacusis should be protected under the ADA.

For those concerned that indoor quiet laws will hurt business, I turn to the example of no-smoking laws that were imposed on restaurants and bars. Restaurant proprietors and especially bar owners foresaw calamity, but a multitude of studies showed no impact on revenues. My guess is that if some smokers chose not to go to restaurants or bars, they were replaced by those who didn’t want a side order of secondhand smoke with their steak frites. Or the smokers learned to smoke before or after dinner, or to step outside if they wanted to smoke. And that’s what I predict will happen when indoor quiet laws are passed: diners will still go to restaurants, maybe even more of them.

Until reason prevails and restaurants are required to meet reasonable decibel limits, we must ask restaurant owners and managers to turn down the volume.  And if they want our business, they will do it. But what if our requests fall on deaf ears? The next step may be pursuing legal remedies under the ADA to require restaurants to provide a soundscape that protects everyone’s ears.

Dr. Daniel Fink is a leading noise activist based in the Los Angeles area. He serves on the board of the American Tinnitus Association, is the interim chair of Quiet Communities’s Health Advisory Council, and is the founding chair of The Quiet Coalition, an organization of science, health, and legal professionals concerned about the impacts of noise on health, environment, learning, productivity, and quality of life in America.