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People with disabilities that affect communication are entitled to auxiliary aids and services, unless the result is a fundamental alteration, undue burden,

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Presentation on theme: "People with disabilities that affect communication are entitled to auxiliary aids and services, unless the result is a fundamental alteration, undue burden,"— Presentation transcript:

1 People with disabilities that affect communication are entitled to auxiliary aids and services, unless the result is a fundamental alteration, undue burden, or undue hardship. 4/18/20151

2  Staff working at state and local government service offices must be trained to receive and return relay calls, and utilize ttys if available.  911 service must be direct call for people using ttys, and cannot require user to call 711 (relay access) first. 4/18/20152

3 New Construction: Any facility that was built after 1992 must be designed so that it is readily accessible and usable by people with disabilities Altered Facilities: When alterations change usability of facility, altered portion must be readily accessible and usable by people with disabilities 4/18/20153

4 Action Steps  Designate a responsible employee.  Provide notice of ADA requirements.  Establish a grievance procedure.  Conduct a self-evaluation.  Develop a transition plan if locality employees total more than 50 and structural barriers exist. 4/18/20154

5 File a complaint with the Department of Justice Private lawsuits Alternative Dispute Resolution including mediation 4/18/20155

6 6

7  Restaurants  Clothing Stores  Malls  Movie Theaters  Grocery Stores  Arcades  Bowling Alleys  Ball Parks and Stadiums  Museums  Apartment Leasing Offices 4/18/20157  Concert Halls  Bars  Skating Rinks  Hotels and Motels  Campgrounds  Convenience Stores  Car Dealerships  Doctor and Dentist Offices  Amusement Parks  Hospitals

8 Private Clubs Churches Private Housing State and Local Government Offices and Services 4/18/20158

9 Public Accommodations cannot:  Exclude people with disabilities based solely on their disability  Discriminate through contract  Screen out people with disabilities with eligibility criteria  Require people with disabilities to participate in separate programs/use separate area/accept accommodations they do not want 4/18/20159

10 Public accommodations DON’T have to offer special products for people with disabilities: ie, bookstores don’t have to offer books on tape for people who are blind; restaurants don’t have to have special menus for people allergic to wheat products, etc… 4/18/201510

11 Access means being able to enjoy the goods and services of a business.  Barriers can be created by policies, architectural features and communication methods  Barrier removal can create access. 4/18/201511

12 Policy Barriers could include:  Requirements to have a driver’s license to get a membership card.  Special seating times for people with disabilities.  Requiring that people with mobility aids have a companion with them.  Requiring people with disabilities to utilize separate programs 4/18/201512

13 Reasonable changes must be made to policies to allow access. Examples:  Allowing customer to use a state issued ID instead of a driver’s license  Allowing more than one adult in a dressing room if a companion/assistant is necessary  Changing a reservation system that cannot reserve a specific room so that accessible rooms are reserved for people with disabilities.  Allowing service animals despite “no pets allowed” policies 4/18/201513

14  The updates to the ADA Regulations in 2010 have narrowed the definition of a service animal. -NOW, SERVICE ANIMALS ARE DOGS ONLY (except for some miniature horses, in certain circumstances) NO OTHER ANIMALS ARE CONSIDERED SERVICE ANIMALS UNDER ADA A service dog must be specially trained to do a TASK for the owner, not just provide comfort (fair housing) 4/18/201514

15 Policies that maintain the basic and fundamental nature of the business do NOT have to be altered. Example:  Planetarium does not have to turn on the lights for a person with low vision because this fundamentally alters the planetarium.  Roller coaster does not have to go slow so that person with heart condition can ride it. 4/18/201515

16 Businesses also don’t have to provide:  Personal assistance services for individual (like help feeding someone at a restaurant)  Personal mobility devices for individual (like a wheelchair at the mall)  Supervision for a service animal 4/18/201516

17 Businesses CANNOT charge for accessibility features ( Like charge more for an accessible room at a hotel) But… Businesses CAN require refundable deposits for auxiliary aids ( Like charge a refundable deposit for museum visitors borrowing assistive listening devices) 4/18/201517

18 Architectural Barriers are physical features of a building that limit accessibility. 4/18/201518

19  Stairs  Narrow Doors  Narrow Aisles  High Counters  Thick Carpeting  Low Lighting 4/18/  High or Low Tables  Low Hanging Items  Lack of Accessible Parking  Round Doorknobs  Inaccessible Restrooms/Dressing rooms

20 Readily Achievable Easily accomplishable and able to be carried out without much difficulty or expense. 4/18/201520

21  Widening a restroom door  Installing grab bars  Building a ramp  Changing door knobs to levers  Reducing the pressure to open a door  Purchasing an assistive listening device 4/18/201521

22 Undue burden means:  Overly expensive or taking too much effort/expense And is…  Determined on a case by case basis What is readily achievable for one business can be an undue burden for another business based on the size and assets of a business. example: national chain vs. “mom and pop” store 4/18/201522

23 Existing Facilities- Readily Achievable Barriers removed, use of tax credits to improve access  New Construction- Built Accessible  Alterations- If use changes, then up to 20% of costs of alteration spent on improving access in primary function area and path of travel 4/18/201523

24  ADA Standards are the physical requirements for accessibility in the built environment  ADA Standards for Accessibility were updated in the Fall of /15/2010-3/15/2012-Title II and III entities can choose from new and old standards on projects started during this period 3/15/2012-Beyond-Title II and III entities must use New Standards for Accessibility 4/18/201524

25 If barrier removal is not readily achievable, public accommodations must make goods and services available through alternative methods. 4/18/201525

26  Service at other accessible locations  Home delivery  Door bell to request service  Moveable chairs to provide access where fixed seating is not accessible  Advertise availability of message relay 711 4/18/201526

27  Include: ◦ Voice only telephones in hotels, motels, malls ◦ Smoke and fire alarms that are solely visual or aural ◦ Televisions in hotel rooms without closed captioning capability ◦ Written menus ◦ Tours offering only spoken descriptors 4/18/201527

28  Available TTYs at hotels/motels and in public malls and meeting areas  Smoke and fire alarms that provide visual and aural alarms  Televisions with close captioning  Alternative menus in Braille, on tape or wait staff available to read menu  Brailled buttons in elevators  Tours with available taped descriptors or written information 4/18/201528

29 If a business offers transportation services to customers it must have the means to offer similar service to persons need accessible transportation ◦ Example: Hotel with airport shuttle subcontracts with an accessible van company for customers using wheelchairs 4/18/201529

30 File a complaint with the Department of Justice Private lawsuits Alternative Dispute Resolution including mediation 4/18/201530

31  The Mid Atlantic ADA Center: (voice/TDD)  EEOC (voice) (TDD) 4/18/201531

32  Department of Justice: (voice) (TDD)  The US Access Board (For materials on physical accessibility) (voice) (tty) 4/18/201532

33  Federal Communication Commission (voice) (tty)  The Virginia ADA Coalition: (voice) (tty) 4/18/201533

34  Please complete the evaluation provided in your folder.  Thanks for coming!! 4/18/201534


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