1. Arts and Accessibility
LCAA
Protection and Advocacy
April 25, 2019

2. Agenda Protection and Advocacy information
Laws regarding persons with disabilities
Physical Accessibility
Program Accessibility
Service Animals

3. P&A’s Charge
To provide legally-based advocacy for persons with disabilities
Seven federal grants
PADD - PATBI
PAIMI - PABSS
PAIR - PAVA
PAAT

4. Kentucky P&A Independent State Agency 18 Staff
7 attorneys
6 advocates
4 support staff
Executive Director
2 Teams—Adult and Children & Youth

5. What Kentucky P&A Does Information and Referral
Individual Case Representation
Training
Systemic Advocacy
Legislative and Regulatory Activities

6. Laws that Affect Disability
Section 504 of the Rehabilitation Act of 1973
Americans with Disabilities Act
1990
Amendments Act of 2008
Kentucky Civil Rights Act

7. Section 504
Prohibits discrimination on basis of disability by any entity receiving federal funds
Includes many museums, theater programs, colleges & universities, and state and local programs

8. ADA AA Prohibits discrimination on basis of disability in:
Employment (Title I)
State & Local Government (Title II)
Public Accommodations (Title III)
Enacted in 1990
Title IV—Telecommunications for Deaf/HOH
Generally, no exclusion, segregation or unequal treatment
Public accommodations: restaurants, zoos, daycare, recreation facilities, stores, hotels
Includes
Physical access
Reasonable modifications to policies, practices, procedures
Effective communication

9. Kentucky Civil Rights Act
Mirrors the definition of disability in Section 504 and the ADA
Applies to places of public accommodation

10. Title III Public Accommodation
Businesses usually open to the public
12 categories, including:
motion picture house, theater, concert hall, stadium or other place of exhibition, or entertainment
Auditorium, convention center, lecture hall, or other place of public gathering
Museum, library, gallery, or other place of public display or collection

11. Section 504/ADA Elements Person has a disability
Person is “otherwise qualified”
Because of the disability, the person is being
excluded from a program
denied benefit of a program
discriminated against

12. Definition of Disability
Physical or mental impairment that substantially limits one or more major life activities
Record of having a disability
Is regarded as having a disability

13. Major Life Activities lifting caring for one’s self bending
speaking
breathing
learning
reading
concentrating
thinking
communicating
interacting with others
working
caring for one’s self
performing manual tasks
seeing
hearing
eating
sleeping
walking
standing
sitting
reaching

14. Otherwise Qualified
Capable of meeting the essential eligibility requirements for the program/activity with or without reasonable accommodations

15. Discrimination Exclusion Architectural or communication barriers
Exclusionary qualification standards or criteria

16. Physical Accessibility
2010 ADA Standards for Accessible Design
Effective March 15, 2012
Previously, 1991 Standards
Safe harbor

17. Architectural Barriers Physical Accessibility
Parking
Entrances/exits
Accessible routes
Signs
Bathrooms
Drinking fountains
Public phones
Assembly Areas

18. Barrier Removal
Must be readily achievable—easily accomplishable and able to be carried out without much difficulty or expense
Look at structure and resources

19. Reasonable accommodations
Accommodation must be individualized
The individual needs of the persons with a disability should be met to the same extent as the needs of persons without disabilities
Service animals in stores/restaurants
Drivers’ license as ID
Flicker rate on strobe light fire alarms

20. Common Accommodations
Deaf and Hard of Hearing(HOH)
Assistive listening devices
American Sign Language
Captioning/CART (Computer Assisted Real-time Translation)
Blind
Braille and Large Print Programs
Audio Description

21. Defenses Fundamental alteration Undue burden
Direct threat to health or safety of others

22. Service Animals
Any dog individually trained to do work or perform tasks for an individual with a disability
Tasks performed must be directly related to the individual’s disability
Excludes the tasks of provision of emotional support, well-being, comfort or companionship

23. Service Animals Allowable questions:
Is this a service animal?
What tasks does the dog perform?
Must have vaccinations/immunizations
Must be kept under control and physical needs met
Cannot be charged ticket price/pay fare

24. Remedies Internal Grievance Complaint to Federal Funding Agency
OCR complaint—Section 504
DOJ complaint—ADA
Federal Court actions

25. Kentucky Protection and Advocacy
(800)
(502)