Public Entities: Communications

Regulations
Department of Justice Guidelines

Regulations:

28 C.F.R. § 35.160 - General

(a) A public entity shall take appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others.

(b)

(1) A public entity shall furnish appropriate auxiliary aids and services* where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by a public entity.

(2) In determining what type of auxiliary aid and service is necessary, a public entity shall give primary consideration to the requests of the individual with disabilities.

*Effectiveness of auxiliary aids and or services is a question of fact precluding summary judgment. See Chisolm v McManimon, 2001 U.S. App. LEXIS 27340 (3rd Cir. 2001); Randolph v. Rodgers, 170.F.3d 850, 860 (8th Cir. 1999); Duffy v. Riveland, 98 F.3d 447, 455 (9th Cir. 1996).

28 C.F.R. § 35.161 - Telecommunication devices for the deaf (TDD's)

Where a public entity communicates by telephone with applicants and beneficiaries, TDD's or equally effective telecommunication systems shall be used to communicate with individuals with impaired hearing or speech.

28 C.F.R. § 35.162 - Telephone emergency services

Telephone emergency services, including 911 services, shall provide direct access to individuals who use TDD's and computer modems.

28 C.F.R. § 35.163 - Information and signage

(a) A public entity shall ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of accessible services, activities, and facilities.

(b) A public entity shall provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to a location at which they can obtain information about accessible facilities. The international symbol for accessibility shall be used at each accessible entrance of a facility.

28 C.F.R. § 35.164 - Duties

This subpart does not require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens. In those circumstances where personnel of the public entity believe that the proposed action would fundamentally alter the service, program, or activity or would result in undue financial and administrative burdens, a public entity has the burden of proving that compliance with this subpart would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the head of the public entity or his or her designee after considering all resources available for use in the funding and operation of the service, program, or activity and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action required to comply with this subpart would result in such an alteration or such burdens, a public entity shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the benefits or services provided by the public entity.

Department of Justice Guidelines:

DOJ's Title II Technical Assistance Manual, § II-7.1000.

The type of auxiliary aid or service necessary to ensure effective communication will vary in accordance with the length and complexity of the communications involved.

United States Department of Justice Policy Ruling, 9/9/96:
ADA Accessibility Requirements Apply to Internet Web Pages.

The Americans with Disabilities Act (ADA) requires covered entities to furnish appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities, unless doing so would result in a fundamental alteration to the program or service or in an undue burden. Therefore ADA Titles II and III require State and local governments and the business sector to provide effective communication whenever they communicate through the Internet. The effective communication rule applies to covered entities using the Internet for communications regarding their programs, goods or services since they must be prepared to offer those communications via an accessible medium.