July 2000 General E-Bulletin

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General E-Bulletin

Table of Contents

News from the Access Board
Comments on Proposed ADA-ABA Guidelines

Comment Period Closes on Standards for Electronic and Information Technology Senate Takes Action to Revise Section 508's Effective Date

Board to Celebrate the ADA's 10th Anniversary with a Public Forum

Board to Publish Summary of Draft Final Guidelines for Recreation Facilities

Board Issues Research Report on Detectable Warnings

EEOC Issues Final Rule on Mitigating Measures Under the ADA

Disabilities Lawsuit Dismissed 'Sight-Impaired' Seats for ConcertsSought

AAPD Celebrates 10th Anniversary of ADA with 24-City Torch Relay

News from the Access Board

Access Currents
Volume 6, No. 3 May/ June 2000

Comments on Proposed ADA-ABA Guidelines

Over 2,500 comments were received on Proposed ADA-ABA Guidelines. More than 2,500 comments were received on the Board's proposal to update its accessibility guidelines for facilities issued under the Americans with Disabilities Act (ADA) and the Architectural Barriers Act (ABA). This proposal was published last November and made available for public comment for 120 days. The Board later extended the comment deadline an additional two months to May 15, 2000. The proposal would update the ADA Accessibility Guidelines (ADAAG), which cover the construction and alterations of facilities in the private and public sectors covered by the ADA. It also would revise guidelines under the ABA, which applies to facilities in the Federal sector and others designed, built, altered, or leased with Federal funds.

The vast majority of comments, 74%, were submitted by individuals, primarily persons with disabilities. Most of these comments addressed reach range requirements for people of short stature, access for people with multiple chemical sensitivities, movie theater captioning for persons who are deaf or hard of hearing, and access to certain elements, such as ATMs, for people with vision impairments. Comments were also submitted by trade associations and manufacturers, 9%, disability groups, 6%, design and codes professionals, 5%, governments, 3%, building owners and operators, 1%, and others 2%. Some of the most common topics included alarms, handrails, assembly areas, van spaces and ATMs.

Now that the comment period has closed, the Board is reviewing and analyzing the comments and will deliberate on changes to the proposed guidelines based on the comments. After completing and approving a final document, the Board will submit it to the Office of Management and Budget (OMB) for review and clearance. Once cleared by OMB, the final guidelines will be published in the Federal Register. The updated requirements must then be adopted by other Federal agencies responsible for the actual enforcement standards that are based on the Board's guidelines.

Comment Period Closes on Standards for Electronic and Information Technology Senate Takes Action to Revise Section 508's

Effective date last March the Board proposed standards for Federal electronic and information technology that were available for public comment until May 30, 2000. Over 100 individuals and organizations submitted comments on the standards. Comments were submitted by Federal agencies, representatives of the information technology industry, disability groups, and persons with disabilities.

The standards cover various means for disseminating information, including computers, software, and electronic office equipment in the Federal sector. They provide technical criteria specific to various types of technologies and performance based requirements, which focus on the functional capabilities of covered technologies. Specific criteria cover controls, keyboards, and keypads; software applications and operating systems (non-embedded); web based information or applications; telecommunications functions; video or multi media products; and information kiosks and transaction machines. Also covered is compatibility with adaptive equipment people with disabilities commonly use for information and communication access.

The Board is developing these standards under section 508 of the Rehabilitation Act Amendments of 1998 which requires access to the Federal government's electronic and information technology. The law applies to all Federal agencies when they develop, procure, maintain, or use electronic and information technology. Federal agencies must ensure that this technology is accessible to employees and members of the public with disabilities to the extent it does not pose an "undue burden."

The comments are available for inspection at the Board's offices during regular business hours. The Board will finalize the standards according to its analysis of the comments and republish them in the Federal Register. The final standards will be incorporated into the Federal government's procurement regulations.

Board to Celebrate the ADA's 10th Anniversary with a Public Forum

July 26, 2000 marks the 10th anniversary of the enactment of the Americans with Disabilities Act (ADA), a landmark civil rights law that recognizes and protects the rights of people with disabilities. A number of events will take place in the Washington, D.C. area and elsewhere to celebrate the ADA and its achievements over the past decade.

The Board plans to hold a public forum to initiate an active dialogue on topics and areas that it should address under the ADA, including recommendations for future research. This information will be helpful in setting a long-term agenda. The Board also will invite any other recommendations related to its ADA mission, which includes not only writing and updating guidelines, but providing technical assistance and training on them as well. All are welcome to the forum, which will be free and open to the public. It will be held July 27, 9:00 to 12:30 at the Renaissance Hotel, 999 9th Street, N.W., Washington, D.C. For additional information, contact the Board at (202) 272-5434 ext. 127 (voice) or (202) 272-5449 (TTY), e-mail: news@access-board.gov.

Board to Publish Summary of Draft Final Guidelines for Recreation Facilities

By late July, the Board plans to publish a summary of draft final guidelines for recreation facilities that will be available for public review and comment. When finalized, these guidelines will supplement the Board's ADA Accessibility Guidelines (ADAAG) by adding a new section covering a variety of recreation facilities, including amusement rides, boating facilities, fishing piers and platforms, golf courses, miniature golf, sports facilities, swimming pools and spas. They will provide both scooping requirements, which specify what has to be accessible, and technical requirements, which spell out how access is to be achieved.

Board Issues Research Report on Detectable Warnings

In May, the Board completed a study on detectable warnings that surveys the state-of-the-art in the U.S. and abroad and summarizes the installation and effectiveness of various designs. These warnings provide tactile cues at intersections, drop-offs, and other potential hazards to people with vision impairments. This study was conducted by Accessible Design for the Blind under a contract with the Board. The results are provided in a 150-page report, Detectable Warnings: Synthesis of U.S. and International Practice, which was developed to provide guidance to transportation engineers, planners, and others involved in the design of public rights-of-way. The report includes information on the need for warning surfaces in public rights-of-ways, a
review of research, guidelines, and standards on detectable warnings, the use of detectable warnings in the U.S. and abroad with illustrative case studies, product manufacturers, and recommendations. Copies of the report are available free from the Board by calling (202) 272-5434 (voice) or (202) 272-5449 (TTY) and requesting publication A-39.

EEOC Issues Final Rule on Mitigating Measures Under the ADA

WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today issued a final rule rescinding parts of its Interpretive Guidance on Title I of the Americans with Disabilities Act (ADA) involving mitigating measures used by an individual to eliminate or reduce the effects of an impairment. A text of the final rule is scheduled for publication in today's Federal Register.

Disabilities Lawsuit Dismissed 'Sight-Impaired' Seats for Concerts Sought

By JO ANN ZUNIGA
Copyright 2000 Houston Chronicle

A federal judge has dismissed a lawsuit in which a legally blind man claimed Southwest Ticketing Inc. and Texas A&M University's Reed Arena had failed to provide seats for the "sight-impaired" near the stage. Patrick Cavanagh said he had difficulty obtaining the seats he wanted for three Garth Brooks concerts and a Michael Bolton and Wynonna Judd concert in 1998. Although Cavanagh is legally blind, he has corrected vision of 20/200 with the aid of a telescopic lens and glasses, he stated. "This is not about money, I just want to be treated fairly," Cavanagh, 28, a private travel consultant for people with disabilities, told the Chronicle last year.

His suit accused the plaintiffs of violating the Americans with Disabilities Act by refusing to accommodate him. Cavanagh had alleged that Ticketmaster refused on several occasions in 1998 to give him seating for the visually impaired, and that A&M refused his request for accommodation for a Brooks concert at Reed Arena.

But U.S. District Judge Ewing Werlein Jr.'s order said Cavanagh did not present any proof that "Ticketmaster sells particular tickets to non-disabled individuals while refusing to do so for disabled individuals."

Werlein also noted that Cavanagh and his wife did have seats for the sight-impaired at Brooks' concert but wanted closer ones. To satisfy Cavanagh, Werlein said, A&M would have had to evict other patrons who had purchased and occupied reserved seats closer than 29 feet from the stage. Werlein ruled there was no lack of reasonable modification or discrimination against Cavanagh.

AAPD Celebrates 10th Anniversary of ADA with 24-City Torch Relay Press Release

Presented by the American Association of People with Disabilities
Title sponsor Volkswagen of America

WASHINGTON, DC, February 24, 2000 - Today the American Association of People with Disabilities (AAPD) announced a 24-city, cross-country relay planned for the summer of 2000, to mark the 10th anniversary of the Americans With Disabilities Act (ADA). The Spirit of ADA Torch Relay 2000 challenges Americans to renew the pledge they made 10 years ago when the ADA was first passed into law. The relay, sponsored by Volkswagen of America, Inc., will begin in Houston, TX on June 11 and end in New York City on August 7, 2000.

The goal of The Spirit of ADA Torch Relay is to reach out to adults, children and communities in an effort to connect, inform, educate and involve the 54 million Americans living with disabilities. As we move into the new century, the relay will also further efforts for equality heighten awareness of the ADA and educate Americans about the disability community. The host organization, AAPD, is a national membership organization founded in 1995 to promote the political and economic empowerment of people with disabilities in the U. S.

The Spirit of ADA Torch Relay will be accompanied from city to city by a caravan of 11 Volkswagen vehicles, several of
which will be retrofitted for use by disabled participants. In each city along the route, local disability community members will share the carrying of the torch. The relay will make stops in major cities across the U.S. including: Houston, Austin, San Francisco, Los Angeles, Phoenix, Salt Lake City, Denver, Topeka, St. Louis, Madison, Chicago, Memphis, Jackson, Montgomery, Tallahassee, Warm Springs, Atlanta, Columbia, Washington, D.C., Philadelphia, Auburn Hills/Detroit, Boston and New York City.

The schedule for the ADA Torch Relay is as follows:

June 11th.....Houston (kick off event)
June 13th.......Austin, TX
June 17th.......San Francisco Bay Area, CA
June 19th.......Los Angeles, CA
June 21st.......Phoenix, AZ
June 24th.......Salt Lake City, UT
June 27th.......Denver, CO
June 30th.......Topeka, KS
July 4th..........St. Louis, MO
July 7th..........Madison, WI
July 9th..........Chicago, IL
July 11th........Memphis, TN
July 13th........Jackson, MS
July 15th........Montgomery, AL
July 17th........Tallahassee, FL
July 19th........Warm Springs, GA
July 20-21st....Atlanta, GA
July 22nd.......Columbia, SC
July 25th........Arlington, VA
July 29th........Philadelphia, PA
July 31st........Auburn Hills/Detroit MI
August 3rd.....Boston, MA
August 6-7th..New York

Welcome to the General E-mail bulletin distribution list of the Southwest ADA Center. The bulletin is distributed monthly to provide subscribers with an update on Americans with Disabilities Act (ADA) events, trainings, resources, agency rulemaking and enforcement activities. We also want to use the bulletin as a vehicle to post information regarding ADA-related events your organization or group may be planning in your state or community. Please feel free to send us information about your event(s). The information will be posted the following month.

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