Disability Rights in the Philippines - Seeking Advice by Jose Cabaltera
The following was forwarded to me by a trusted friend, and I have since connected with Mr. Cabaltera on Facebook (http://www.facebook.com/cabaltera). His message is found below.
I’ve only done a cursory search on this incident and it looks like the local news media in Manila has not picked up on this story yet. While I’m interested to find out what Opus has to say about this, there just doesn’t seem to be a logical reason why they would deny entrance to a person because of the fact that he is in a wheelchair.
The Philippines still has a way to go in observing the rights of the differently-abled. Change starts when events like these bring about awareness of existing laws and policies (REPUBLIC ACT NO. 7277 - Magna Carta for Disabled People CHAPTER III DISCRIMINATION ON THE USE OF PUBLIC ACCOMMODATIONS AND SERVICES - thanks Fer for the link) and real, concrete implementation.
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Disability Rights in the Philippines - Seeking Advice
by Jose Cabaltera on Friday, May 27, 2011 at 12:24am
If you’re tagged, I think you might be able to advise or point me in the right direction.
I was out on Saturday night at Resort’s World - the behemoth construction just across from NAIA’s Terminal 3. I went with a friend who wanted to introduce me to his barkada so we sat in the pseudo Las Vegas atmosphere, had a few cocktails while watching a parade of mini skirts walk by, line up for Republiq and await permission to enter. It was perhaps around 1AM when the group I was with had decided to move to Opus located in the same indoor plaza as Republiq. Three in our party had gone ahead to secure a table. Two others followed. Then my friend and I trailed after.
As I approached the door, an Opus’ bouncer spotted me, put his hand out in front of me as I tried to enter and said to my friend that I was not allowed in. “What?” I responded aghast! A short exchange ensued between the bouncer and my friend – incomprehensible, not with me, yet about me. We got nowhere with the bouncer, whose excuse not to let me pass was that it was the decision of management that I not be allowed in.
Surely, this must be some mistake, I thought, complete idiocy. So, my friend sent an SMS to an acquaintance in management on the inside in an attempt to gain for me entry into the bustling club. I backed away from the door, a little bit embarassed and relaxed at a table outside thinking to myself, ‘aiight. The management will come out, see me and realize what an oaf the bouncer had been not letting me in.’
A short time elapsed and the member of management came out fashionably clad in an ecru suit, looked at us and began talking to my friend about me – again incomprehensibly and not with me. My friend, sitting next to me explains, ‘you’re not being let in because he’s trying to protect you and the other guests.’ My head cocks vacant with disbelief trying to grasp the idea of what I’ve just been told. It’s a stupid assumption. Plus, I’ve been in places much more crowded than Opus was that night.
I looked at the guy and asked, “How do I pose a threat? I’m just going to be sitting at a table.’ He just looks at me with a wide-eyed countenance that felt like a helpless ‘my hands are tied.’ He didn’t respond.
I’m not necessarily a confrontational type. However, the reason for my being refused entry was blatant. I dressed cute. I looked good. There was no visible reason anything should prevent me from going into Opus and enjoying a night with new friends other than that which causes me to stand out from most crowds: my wheelchair.
So I asked directly, “Are you telling me that it is because of the wheelchair that I cannot go in?” The words burned my ears with a bitter truth and the manager maintained his helpless gaze. I asked again trying to coerce some sort of response out of him, “Is it because I’m in a wheelchair,” I asked more slowly, “that I won’t be let in?” No response. Not even a flicker of a tongue towards a yes or no: just his unyielding gaze that hid an awful truth. I looked at my friend who was visibly upset for me that his friend must make that decision to keep me from going inside and I let it go, albeit defeated and a trite humiliated.
Of course, management said nothing. But it doesn’t mean that damage was not done. Opus’ management had apparently instructed its staff to prevent people in wheelchairs from entering their premises. Why? Do we obstruct walkways? Do we take up too much space on a dance floor? I’ll sit away from the fire exit if I’m a hazard. It was incredible and I could not figure out the logic.
I had gone to another bar, a regular haunt that assists me to the second floor of their establishment without a bat of an eye. I don’t ever take it for granted but it’s certainly a nice touch for someone who’s disabled and cannot walk. Opus bar is in a mall and occupies a flat level so there were no physical obstacles that stood in the way.
I talked with someone who knows a little bit about Filipino law (more than me in any case) and he advised that it is possible that the management’s decision was because they did not want the liability of having me inside - which I completely do not comprehend. If I were a belligerent drunkard with a destructive streak, then they’d have an issue.
What I need to know in this country is this:
What recourse do i have? I’m not interested in a discrimination lawsuit – if that even exists here - but there definitely must be sensitivity training for Opus’ management and they need to know what discrimination is at every level. To walk away from a situation like that helpless beats down on one’s brain. I want to make sure that it never happens to anyone again. I welcome suggestions, advice, referrals.========================================================
Jose Cabaltera June 3 at 10:25pm ReportHi Tessa, please feel free to pass my story around. I volunteer (a LOT) of my time to the Circle of Friends Foundation that deals with PWDs in the Philippines. One of my colleagues there is an active member of the National council on Disability Affairs. She had consulted them and instructed me to file an official complaint with them. They will then file the complaint on my behalf with the Department of Justice who is obliged under the Magna Carta of PWDs to investigate the situation. So, legally speaking, I got the ball rolling. But I fear that it may take forever for anything to happen - it’s been two weeks. At least the word is getting around.
Please stay in touch and keep me updated.
12 months ago - read more...
