Under the ADA disabled patrons are entitled to reasonable accommodations, and retail establishments are required to modify their policies and procedures so the disabled can participate in society. My legal colleague William Goren notes the ADA scheme, case law, common sense, and preventive law require an interactive process of communication and good faith exploration of possible accommodations. But it’s not always easy. One of the risks people take when asking for change is it may create an adversarial relationship. They are considered “complainers.” Not only is their reasonable request denied, they lose any good will, are no longer welcome and end up avoiding the business. Many communities have limited options for basic necessities like food, gas and health care, and the disabled conclude asking for an accommodation is too risky. Other stores have a positive, inclusive culture that starts at the top.
Bashas’ is an Arizona based grocery chain with over 50 locations. Millions of Americans have hyperacusis (sound sensitivity) and tinnitus (ringing in the ears). Bashas’ listens and provides no cost “sound options” in a manner that is welcoming and respectful. That type of corporate culture in action is rare, and Bashas’ deserves recognition.
Why do People with Hyperacusis and Tinnitus need Accommodations?
My colleagues Richard Tyler, PhD, at the University of Iowa and Ann Perreau, PhD, at Augustana College were among the co-authors of the December 2024 article in The Hearing Journal entitled “Situations Avoided by People with Hyperacusis.”
The article notes hyperacusis affects between 8 to 17% of the general population to varying degrees. Tinnitus affects between 10-25%. The four primary symptoms of hyperacusis are loudness, annoyance, fear and pain. It profoundly hampers daily social, professional, and recreational activities. It can also lead to anxiety and depression.
Noisy places aggravate the condition, and interfere with thinking and communicating. Although earplugs can provide some protection, they are not suitable in situations where communication is necessary, and continued use can exacerbate the condition. Audiology neuroscience researcher Raymond Hull says, “Your brain becomes used to not getting sound.” Your ears are straining to hear voices when communicating, and “when you slip off the earplugs, everything is going to be much louder and you’ll be irritated to a greater degree.”
Tyler and Perreau identify many sources that aggravate the conditions and interfere with communication, including ambient background music at restaurants and other retail establishments. They also note sharps sounds such as bells may even cause pain, and recommend asking the venue to reduce the volume. Audiologist Kaela Fasman says, “A grocery store, with the beeping of registers and extraneous noise of carts, is a place that many people with sound sensitivity end up avoiding altogether.”
What did Bashas’ do?
It’s against this background that I and others request grocery stores to temporarily turn off background music and reduce scanner beeps. However, that can be a challenge if one has to enter the stressful environment, find a manager, explain the condition and wait for them to access the volume control.
When first I approached Bashas’ I asked the manager if he could step outside to talk without the cacophony of noise. He was a veteran and familiar with tinnitus, but had never heard of hyperacusis before. He patiently listened as I described the condition. He then took my Hearing Journal article “Hearing Health on Hold: Why We Need Silent Options” and met with his corporate team in Phoenix. Bashas’ solution: call ahead first to give the manager time to turn off the music before you arrive. He went on to say don’t fret if you can’t find a manager when leaving, the music didn’t need to be turned back on as soon as you leave. Bashas’ also proposed to lower, or even turn off, scanner beeps if asked. Furthermore, if the scanner beep from the aisles next to you, or the electronic voice and beeps at automatic checkout, were too loud, Bashas’ would open a separate lane at the other end of the store. That blew my mind. Although I personally have not needed a separate lane, the willingness to consider and provide a variety of accommodations to disabled patrons is the epitome of the ADA mandate in action.
Although this system worked very well the majority of the time, through no fault of their own, if a manager was busy with other customers and duties, they didn’t always have time to turn off the music. In those situations I had to stand right under the speakers at the manager’s desk until someone was able to locate him/her, which was very debilitating. It wasn’t intentional: sometimes life simply gets in the way. Nevertheless, it was stressful and sometimes painful, and I had to leave without shopping. With the manager’s help we reached out to Bashas’ president Steve Mayer and his team. Walmart turns off the background music 2 hours every day nationwide to accommodate sensory disabled patrons. Bashas’ followed their lead and arranged to automatically turn of the music at my local store every day from 9-11 AM. Not only did it take the burden off the mangers, it made the store accessible to other disabled patrons that are too beaten down to even consider asking for help. Bashas’ wasn’t doing this for publicity, they did it to quietly help people with an invisible disability that have been marginalized by society. I am amazed at Bashas’ respect, understanding and response, and they deserve to be publicly recognized. You can let them know how you feel at the Bashas’ website.
My eternal thanks and gratitude to Steve, Rob, Ashley and Ralph at corporate, and especially Nick Rodriguez and the other managers and employees at my local store.
Bashas’ is the Best.
Copyright John Drinkwater 2025 All Rights Reserved Turn Up the Quiet TM
Disclaimer: This content is provided for general informational purposes only, and may not reflect the current law in all jurisdictions. No information contained in this post should be construed as legal advice nor is it intended to be a substitute for legal counsel on any subject matter. Readers should consult their own advisor for legal or other advice.