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General E-Bulletin

The following materials were released by DOJ on June 27, 2000 in conjunction with the 10th Year Anniversary of the ADA:

Special 10th Anniversary Status Report -- Enforcing the ADA
http://www.usdoj.gov/crt/ada/pubs/10thrpt.htm

Regional Press Status Reports --
http://www.usdoj.gov/crt/ada/pubs/10anpage.htm

ADA Resources --
http://www.usdoj.gov/crt/ada/agency.htm

Table of Contents

The ADA and Child Care Providers: Frequently Asked Questions
From Jacquie Brennan, Brennan & Associates, Houston

Q.  My daughter has cerebral palsy and the day care center in my neighborhood said they can't accept her into their program because it's too risky. Can they do that?

A.  No, they cannot. The Americans with Disabilities Act (ADA), which prohibits discrimination against individuals with disabilities, specifically mentions day care centers in its list of public accommodations that are covered under Title III.

Q.  What kind of discrimination by day centers is prohibited?

A.  Day care centers cannot legally deny a child with a disability the opportunity to participate in, or benefit from, their programs. They must provide an opportunity to participate that is the same as it is for children without disabilities.

Q.  The day care center told me that their liability insurance carrier told them that they can't have children with disabilities on the premises. Is that a lawful reason for not admitting my child?

A.  No. the ADA prohibits any child care provider from refusing to serve a child with a disability just because of insurance coverage or rates.

Q.  The day care center said that they would let my 4-year-old son with Down Syndrome attend their center, but they have a policy that all children must be toilet trained by the age of 3. Because of his mental retardation, he is not toilet trained yet. They say they can't change their policy. Is that fair?

A.  No. It is not fair and it is against the law. The ADA requires public accommodations, such as day care centers, to make reasonable modifications in their policies, practices, or procedures when necessary to avoid discrimination based on disability unless the modifications would fundamentally alter the nature of the program. In this case, the toilet training policy can be easily waived without changing the nature of their program.

Q.  My child uses a wheelchair for mobility. We want to enroll him in an after-school program at a day care center near our school, but there is no ramp so that he can get inside the center. I asked the center about it and they said it would be too expensive to do that. Do they have to put in a ramp if I request it?

A.  Yes. In fact, they are supposed to put in a ramp whether or not anyone requests it, if it is "readily achievable" for them to do so. All public accommodations are required to remove barriers, including installing ramps when it is cheap and easy for them to do so (readily achievable).  They should factor in the availability of tax incentives (http://www.usdoj.gov/crt/ada/taxpack.htm) as they consider whether or not they are able to install a ramp.

Q.  My toddler has a hearing impairment. I work a job that involves shift work, so I can't use a traditional day care center. I have been looking for individuals who keep children in their homes as an alternative to a day care center, but some of the people I've talked to have said that they are not equipped to handle a child who has a disability. I know that big day care centers have to accept children with disabilities, but does the same law apply to individuals who keep kids in their homes?

A.  Yes. Private residences in general are not covered by the ADA. However, when a public accommodation, such as child care, is operated out of the home, then the home is a covered entity and must follow the ADA. No child care provider, whether in their own home, a small center, or part of a large chain of centers, may deny services to a child because of a disability. Regulations issued by the Department of Justice require that all child care facilities, including those in private homes, not discriminate against children with disabilities. In homes, the part of the home used to provide child care, as well as the path of travel and the entry, should be made accessible, if it is readily achievable. The part of the home that is used exclusively as a residence is not covered under the ADA.

Q.  What should I do if my child has been discriminated against by a child care provider?

A.  First, talk to the child care provider about your concerns. Sometimes good communications between the parent and the provider can solve the problem. If that fails, you may contact the Office on the Americans with Disabilities Act, Civil Rights Division of the U.S. Department of Justice, or you may file suit in federal court.

 

News from the Access Board


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

Comments 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 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) 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.  View the final rule at http://www.eeoc.gov/regs/1630-mitigating-final.html. 
See questions and answers about the final rule at http://www.eeoc.gov/regs/1630-mitigating-qanda.html.

 

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

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, Arlington, 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 City, NY

Welcome to the General E-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.

Project staff are also available at 800-949-4232 from 9 a.m.- 5 p.m. Central Time to answer your ADA questions.  All questions are answered confidentially.

The mission of the DLRP is to promote proactive compliance with the ADA in Texas, Arkansas, Louisiana, New Mexico and Oklahoma.  Based at ILRU (Independent Living Research Utilization), a program of TIRR in Houston, Texas, the DLRP is funded by the National Institute on Disability and Rehabilitation Research (NIDRR), an agency of the Department of Education, under grant #H133D60012, to provide information, materials, and technical assistance on the ADA.  NIDRR is not an enforcement agency.

The information herein is intended solely as informal guidance and is neither a determination of your legal rights or responsibilities under the Act, nor binding on any agency with enforcement responsibility under the ADA.

 

To unsubscribe to the general E-bulletin, or to subscribe to the HR or legal E-bulletin, to ask a question or give a comment, please send an E-mail to swdbtac@ilru.org.  All questions are answered confidentially.

You are welcome to reproduce all or part of the text on this web page electronically or in print, crediting as your source the Southwest ADA Center at ILRU. We would greatly appreciate receiving a copy of your use of our material. Please send to:

Tajauna Dunning, Communications Director
Southwest ADA Center
2323 S. Shepherd #1000
Houston, Texas 77019
713-520-0232 (v/tty)
713-520-5785 (fax)
tdunning@ilru.org

 

 

 

 

 

 

 

 

 

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