Americans with Disabilities Act (ADA) - Huntington...

Americans with Americans with

Disabilities Act (ADA)

Requirements for

BusinessesBusinesses

Huntington Chamber of CommerceHuntington Chamber of Commerce

March 11, 2014

Presented By:

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Presented By:Stephen G. Metzer, AICP, PWS

Senior Planner & ADA Specialist

DLZ Indiana, LLC

Presentation Outline

• Statistics

• The Americans with Disabilities Act (ADA) of 1990, as amended1990, as amended

• Title III – Public Accommodations

– Readily Achievable Barrier Removal– Readily Achievable Barrier Removal

– Undue Burden

– “Safe Harbor”

• Compliance of Title III Facilities

– Identifying Barriers

– Removal of Barriers– Removal of Barriers

– Alterations

• Examples of Conditions

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• Examples of Conditions

• Helpful Resources

• Open Discussion/Questions & Answers

Disclaimer #1

The content provided in this seminar is for The content provided in this seminar is for informational and educational purposes only. Neither the content nor delivery of the content is or shall be deemed to be legal advice or a legal or shall be deemed to be legal advice or a legal opinion. The audience cannot rely on the content delivered as applicable to any specific circumstance. The information provided is not a substitute for professional legal advice.

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Statistics

• Approximately 56.7 million people (18.7 percent) of the 303.9 million in the civilian nonAinstitutionalized U.S. population had a disability in 2010.

• According to the U.S. Department of Labor in 2003, people with disabilities • According to the U.S. Department of Labor in 2003, people with disabilities have $175 billion in discretionary spending, more than 4X the spending power of tweens (8A14 yearAolds), a demographic sought after by businesses.businesses.

• Diners with disabilities spend $35 billion in restaurants annually. The study found that more than 75% of people with disabilities eat out at restaurants at least once a week.least once a week.

• The New York Times reported that spending by travelers with disabilities exceeds $13.6 billion annually.

• AARP says that four million Americans turn 50 each year and that people • AARP says that four million Americans turn 50 each year and that people age 50 and older spent nearly $400 billion in 2003.

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The ADA

• Enacted in 1990– Companion to Civil Rights Act of 1964– Companion to Civil Rights Act of 1964

– Companion to Section 504 of Rehabilitation Act of 1973 (for entities that receive Federal funding)funding)

• Mandates that disabled individuals shall not be excluded from participation in, not be excluded from participation in, denied the benefit of, or be subject to discrimination under any program or activity.activity.

• Provides disabled employees with additional protections beyond Civil

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additional protections beyond Civil Rights Act

The ADA

• Five (5) Parts of ADAA Title I A EmploymentA Title II A Public ServicesA Title II A Public Services

A Title III $ Public AccommodationsA Title IV A Telecommunications – covers private telephone

companiesA Title V A Miscellaneous – construction standards and A Title V A Miscellaneous – construction standards and

practices, technical assistance provisions, etc.

• Federal Agencies with Enforcement Responsibility– Department of Justice– Department of Justice– EEOC (Title I)– Department of Transportation– FCC (Title IV)– Department of Education– Department of Education– Department of Health and Human Services– Department of Labor– Department of Housing and Urban Development

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– Department of Housing and Urban Development – Department of Interior – Department of Agriculture

http://transition.fcc.gov/

http://www.hud.gov/

http://www.usda.gov/

StatisticsHome Life for People with Disabilities• Nearly half (48%) of all people with disabilities are the principal shoppers in their

household.• 46% of people with disabilities are married. 58% own their own homes.• 46% of people with disabilities are married. 58% own their own homes.• 9.4% of the 1.6 million fullAtime freshmen enrolled at 3,100 institutions of higher

education in the United States in 1998, reported living with some kind of disabilitySource: Simmons Market Research Bureau, 2000

Entertainment /Travel Habits of People with Disabilities• $13.6 billion spent on 31.7 million trips each year by people with disabilities.• $3.3 billion spent by travelers with disabilities each year in the airline industry.• $4.2 billion spent by travelers with disabilities each year in the lodging industry.• $4.2 billion spent by travelers with disabilities each year in the lodging industry.• $27 billion per year could be spent by people with disabilities if certain needs were

met.• 12% increase in revenues in the hotel and hospitality industry, attributed, in part, to

consumers with disabilities.consumers with disabilities.• Four out of ten members of the traveling public are made up of Americans with

disabilities and their companions.Sources: Travel Industry Association of America/Harris

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Sources: Travel Industry Association of America/Harris Interactive/Open Doors/Society for Accessible Travel

and Hospitality Survey, 2002; The National Organization on Disability/Harris Interactive A Survey of

Americans with Disabilities, 2004

StatisticsProjected Growth of Disability Segment• In the next 10 years, the number of Americans over 50 will increase by

40%.• Between 2000 and 2030, the numbers of Americans over age 65 will • Between 2000 and 2030, the numbers of Americans over age 65 will

more than double, from 34.8 million to more than 70.3 million.• Americans 50 and older represent 25% of the population, but control

50% of the nation’s buying power and 75% of its assets, representing 50% of the nation’s buying power and 75% of its assets, representing $150 billion in annual discretionary income, and billions more for necessities like housing and food.

• About 30% of all Americans become disabled prior to retirement age.• More than 7 out of every 10 Americans will acquire some sort of • More than 7 out of every 10 Americans will acquire some sort of

disability by the time they reach the age of 75.Sources: U.S. Census Bureau, 2000;

Patricia Dig: America’s Largest Untapped Market; Untapped Market;

Fortune Magazine, March 2,1998; U.S.

Social Security Administration: The

Work Site, 2004.

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Work Site, 2004.

Statistics

What do these statistics potentially mean to you?

You could be excluding potential You could be excluding potential

customers and the money they have to

spends on goods and services you spends on goods and services you

offer!

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Title III

Title III of the ADA covers AA

1) Places of public accommodation;1) Places of public accommodation;

2) Commercial facilities; and

3) Examinations and courses related to applications, licensing, certification, or credentialing for secondary or postsecondary credentialing for secondary or postsecondary education, professional, or trade purposes.

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Place of Public Accommodation

Must fall within at least one of the following 12 categories (if not already Title II):

1. Places of lodging – inns, hotels, motels except for 1. Places of lodging – inns, hotels, motels except for ownerAoccupied establishments renting fewer than six rooms (bed and breakfast)

2. Establishments serving food or drink – restaurants 2. Establishments serving food or drink – restaurants and bars

3. Places of exhibition or entertainment – motion picture houses, theaters, concert halls, stadiums

4. Places of public gathering – auditoriums, convention centers, lecture halls

5. Sales or rental establishments – bakeries, grocery stores, hardware stores, shopping centersstores, hardware stores, shopping centers

6. Service establishments – laundromats, dryAcleaners, banks, barber shops, beauty shops, travel services, shoe repair services, funeral parlors, gas stations, offices of accountants or lawyers, pharmacies,

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shoe repair services, funeral parlors, gas stations, offices of accountants or lawyers, pharmacies, insurance offices, professional offices of health care providers, hospitals

Place of Public Accommodation

Must fall within at least one of the following 12 categories (if not already Title II):

7. Public transportation terminals, depots, or stations – not including facilities relating to air transportationtransportation

8. Places of public display or collection – museums, libraries, galleries

9. Places of recreation – private parks, zoos, amusement parksamusement parks

10. Places of education – nursery schools, elementary, secondary, undergraduate, or postgraduate private schoolsschools

11. Social service center establishments – day care centers, senior citizen centers, homeless shelters, food banks, adoption agencies

12. Places of exercise or recreation – gymnasiums,

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12. Places of exercise or recreation – gymnasiums, health spas, bowling alleys, golf courses

Readily Achievable

• Physical barriers to entering and using existing facilities must be removed when "readily

achievable”.achievable”.

• "Readily achievable means "easily accomplishable and able to be carried out without much difficulty or expense”.without much difficulty or expense”.

• What is readily achievable is determined on a caseAbyAcase basis in light of the resources available.available.

• Does not require the rearrangement of temporary or movable structures, such as furniture, equipment, and display racks if it would result in equipment, and display racks if it would result in a significant loss of selling or serving space.

• Legitimate safety requirements may be considered in determining what is readily

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considered in determining what is readily achievable.

Readily Achievable – Disclaimer #2

What is readily achievable is determined on a caseAbyAcase basis in light of the on a caseAbyAcase basis in light of the resources available. What you might consider readily achievable might not be consider readily achievable might not be what someone else considers it to be. Nothing in today’s presentation is intended to advise you on what is or is not readily to advise you on what is or is not readily achievable or what priority you should assign corrective actions.

This determination can be very complex and USDOJ is the only entity that has an

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and USDOJ is the only entity that has an opinion that counts.

Barrier Removal

Barrier removal measures that should

be considered:

• Generally need to provide path of travel from parking to an accessible entrance and movement within

• Accessible restroom

• Access to services, compliant counter heights, etc.heights, etc.

• Auxiliary aids and services

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Barrier Removal


be considered:

• Providing compliant barrier$free parking.• Providing compliant barrier$free parking.

– Has proper dimensions, is clearly marked, properly signed, has access aisle, connects to an accessible route, etc.an accessible route, etc.

– In other states with local laws, is the #1 reason for lawsuits by “drive by litigants” because it can easily be seen to be not compliant without can easily be seen to be not compliant without even leaving a vehicle

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Barrier Removal


be considered:

• Providing compliant barrierAfree parking.• Providing compliant barrierAfree parking.

• Installing ramps/making curb cuts at

sidewalks and entrances.

– A nonAcompliant ramp makes access very difficult. Needs a level turning area, compliant slopes, compliant width, etc.

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Barrier Removal


be considered:


• Installing ramps/making curb cuts at sidewalks and entrances.

• Rearranging tables, chairs, vending

machines, display racks, and other

furniture.

– Provide 36” width minimum (can be reduced to 32” for only 2’ depth)

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Barrier Removal


be considered:



• Rearranging tables, chairs, vending machines, display racks, and other furniture.

• Make the entrance accessible.• Make the entrance accessible.

– Doorways are required to be 32” width and need adequate space on pull side next to door

– Install ramps if needed– Install ramps if needed

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Barrier Removal


be considered:





• Provide at least one compliant toilet

stall/restroom

– Many items to consider (dimensions, clear – Many items to consider (dimensions, clear spaces, signs, grab bars, sinks, etc.)

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Barrier Removal


be considered:





• Provide at least one compliant toilet stall/restroom

• Provide compliant doors with proper • Provide compliant doors with proper

hardware, opening force, closing speed,

etc.

– 5 lbs. interior/15 lbs. exterior force, stay open 5

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– 5 lbs. interior/15 lbs. exterior force, stay open 5 seconds, no knobs, etc.

Barrier Removal


be considered:





• Provide at least one compliant toilet stall/restroom

• Provide compliant doors with proper hardware, • Provide compliant doors with proper hardware, opening force, closing speed, etc.

• Verify service counter heights are correct.

– 36” max. for verbal interaction or placement of

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– 36” max. for verbal interaction or placement of goods, 28”A34” for working surfaces, etc. of proper width with proper clear areas

Barrier Removal

• Barrier removal measures must comply, when readily achievable, with the alterations requirements of the ADA Standards for Accessible Design**.

• If compliance with the ADASAD is not • If compliance with the ADASAD is not readily achievable, other safe, readily achievable measures must be taken, such achievable measures must be taken, such as installation of a slightly narrower door than would be required by the Guidelines.

**or 1991 standards if not built or renovated after

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March 15, 2012

Safe Harbor

Elements that have not been altered in existing facilities on or altered in existing facilities on or after March 15, 2012, and that comply with the corresponding comply with the corresponding technical and scoping specifications for those elements in the 1991 Standards are not required to be Standards are not required to be modified in order to comply with the requirements set forth in the 2010 requirements set forth in the 2010

Standards. There are several exceptions!!

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exceptions!!

Alternatives to Barrier Removal

• § 36.305(a) General. Where a • § 36.305(a) General. Where a public accommodation can demonstrate that barrier removal is not readily achievable, the is not readily achievable, the public accommodation shall not fail to make its goods, services, fail to make its goods, services, facilities, privileges, advantages, or accommodations available through alternative methods, if through alternative methods, if those methods are readily achievable.

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achievable.

Fundamental Alteration of the

Nature of a Program or ServiceNature of a Program or ServiceModifications in programs or policies or alterations to physical environments do not have to be made when they would disrupt the fundamental nature of a program or business.program or business.

For Example

• A business that offers group tours of museums or • A business that offers group tours of museums or historical attractions would not be required to provide an alternative individual tour to a person who had severe social anxiety because the nature who had severe social anxiety because the nature of the business is to provide tours in a group setting.

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Fundamental Alteration of the

Nature of a Program or ServiceNature of a Program or Service

• Title III entities are not required to • Title III entities are not required to provide personal devices such as wheelchairs; individually prescribed devices (e.g., prescription eyeglasses devices (e.g., prescription eyeglasses or hearing aids); or services of a personal nature including assistance personal nature including assistance in eating, toileting, or dressing.

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Exceptions for Safety

• Requirements that are necessary for the safe operation of a program or service safe operation of a program or service may be imposed if they are based on actual risks and not on mere speculation, stereotypes, or speculation, stereotypes, or generalizations about individuals with disabilities.disabilities.

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Staff Training

Staff training is critical and often overlooked component of ensuring success.

• Front line staff need to know your policies and know how to properly implement them

• All businesses should educate staff about basic • All businesses should educate staff about basic ADA issues

• Staff needs to understand the requirements on:– modifying policies and practices – modifying policies and practices

– communicating with and assisting customers

– accepting calls placed through a relay system.

Many local disability organizations conduct ADA training. The Department of Justice or the ADA National Network can provide local contact

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National Network can provide local contact information for these organizations.

Effective Communication

• Both Title II and Title III entities must ensure that communications with ensure that communications with individuals with disabilities are as effective as communications with others.

• In order to provide effective communication, public and private entities are required to make appropriate entities are required to make appropriate auxiliary aids and services available when they are necessary to ensure when they are necessary to ensure effective communication, unless an undue burden or fundamental alteration would result.

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would result.

Auxiliary Aids and Services

• qualified interpreters

• assistive listening headsets • assistive listening headsets

• television captioning and decoders

• telecommunications devices for • telecommunications devices for deaf persons (TDDs)

• videotext displays • videotext displays

• readers

• audioAtapes • audioAtapes

• Braille materials

• large print materials

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• large print materials

• captioning


• The auxiliary aid requirement is flexible. You are not is flexible. You are not required to provide the EXACT accommodation EXACT accommodation required if another option exists. For example, a Braille menu is not required if waiters menu is not required if waiters are available to read the menu to blind customers. (Again an to blind customers. (Again an instance where training will be helpful for waiters to know to do this!)

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do this!)


• Auxiliary aids that would result in an undue burden, or in a fundamental alteration in the burden, or in a fundamental alteration in the nature of the goods or services are not required by the regulation.

• However, a public accommodation must still furnish another auxiliary aid, if available, that does not result in a fundamental that does not result in a fundamental alteration or an undue burden.

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Surcharges and Fees

May not charge individuals with disabilities additional fees to cover the costs necessary additional fees to cover the costs necessary to provide services to individuals with disabilities.

For example:

• A doctor’s office could not charge for the • A doctor’s office could not charge for the cost of providing an interpreter.

• A hotel could not charge an additional fee • A hotel could not charge an additional fee for use of the pool if the individual would be using a pool lift.

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Modifications in Policies,

Practices, and ProceduresPractices, and Procedures

Title III entities must make modifications in their policies, modifications in their policies, practices, and procedures when necessary to provide services to people with disabilities. people with disabilities.

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Practices, and ProceduresPractices, and ProceduresFor example:

A department store may need to modify a A department store may need to modify a policy of only permitting one person at a time in a dressing room if an individual with a disability needs the assistance of a companion in dressing.a disability needs the assistance of a companion in dressing.

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Practices, and ProceduresPractices, and ProceduresFor example:

A retail store that has a “no dogs allowed” policy A retail store that has a “no dogs allowed” policy must modify its policy to allow service dogs.

Businesses cannot require proof of certification or medical documentation as a condition for or medical documentation as a condition for entry.

More on this in a minute.

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Steps for Completing a

Plan for Barrier RemovalPlan for Barrier Removal

Consider including persons with disabilities or groups that advocate for the disabled in or groups that advocate for the disabled in your evaluations if you do it yourself!

• May assist for no cost, some may request a • May assist for no cost, some may request a nominal fee

• Is a good barometer of accessibility and barriers • Is a good barometer of accessibility and barriers by those that might encounter them

Many professionals have ADA expertise to Many professionals have ADA expertise to varying degrees and can also perform a review of existing barriers. Cost is higher but you will likely need a designer for many

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but you will likely need a designer for many projects anyway.

Frequently Asked Questions

Do both a landlord who leases space in a building to a tenant and the tenant who operates a place of public accommodation have responsibilities under public accommodation have responsibilities under the ADA?

Both the landlord and tenant have full responsibility Both the landlord and tenant have full responsibility for complying with all ADA Title III requirements. Title III permits the landlord and the tenant to allocate responsibility in the lease for complying with allocate responsibility in the lease for complying with particular provisions of the regulation. However, any allocation made in a lease or other contract is only effective as between the parties, and both landlord effective as between the parties, and both landlord and tenant remain fully liable for compliance with all provisions of the ADA relating to that place of public accommodation.

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accommodation.


ILLUSTRATION: ABC Company leases space in a shopping center it owns to XYZ Boutique. In their lease, the parties have allocated to XYZ Boutique lease, the parties have allocated to XYZ Boutique the responsibility for complying with the barrier removal requirements of Title III within that store. In this situation, if XYZ Boutique fails to remove this situation, if XYZ Boutique fails to remove barriers, both ABC Company (the landlord) and XYZ Boutique (the tenant) would be liable for violating the ADA and could be sued by an XYZ customer. ABC ADA and could be sued by an XYZ customer. ABC could require XYZ to indemnify it against all losses caused by XYZ's failure to comply with its obligations under the lease, but again, such matters would be between the parties and would not affect their liability under the ADA.

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their liability under the ADA.


Is a bank that acquires ownership of a place of public accommodation through foreclosure subject to Title III? subject to Title III?

Yes. Any owner of a place of public accommodation is covered as a public accommodation is covered as a public accommodation regardless of the intended or actual duration of its ownership.actual duration of its ownership.

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Can a place of public accommodation be covered by both the ADA and the Fair Housing Act (FHA)? Yes. The analysis for determining whether a facility is covered by Title III is entirely determining whether a facility is covered by Title III is entirely separate and independent from the analysis used to determine coverage under the FHA. A facility can be a residential dwelling under the FHA and still fall in whole or in part under at least one of the 12 categories of places of public accommodation. of the 12 categories of places of public accommodation.

ILLUSTRATION: LM, Inc., a private, nonAsectarian, nonAprofit organization operates a homeless shelter permitting stays ranging from overnight to those of sufficient length to result in ranging from overnight to those of sufficient length to result in coverage as a dwelling under the FHA. Because it permits shortAterm, overnight stays, the shelter may also be considered a place of public accommodation as a "place of lodging," and a place of public accommodation as a "place of lodging," and covered by Title III of the ADA. In addition, if the shelter provides a significant enough level of social services, such as medical care, meals, counseling, transportation, or training, it may also be covered under Title III as a "social service center

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be covered under Title III as a "social service center establishment. "


Does Title III apply to common areas within residential facilities?

Although Title III does not apply to strictly residential facilities, it covers places of public accommodation within residential facilities. accommodation within residential facilities. Thus, areas within multiAfamily residential facilities that qualify as places of public facilities that qualify as places of public accommodation are covered by the ADA if use of the areas is not limited exclusively to owners, residents, and their guests (such as residents, and their guests (such as clubhouses, rental offices, etc.).

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• ILLUSTRATION 1: A private residential apartment complex includes a swimming pool for use by apartment tenants and their guests. The complex also apartment tenants and their guests. The complex also sells pool "memberships" generally to the public. The pool qualifies as a place of public accommodation.

• ILLUSTRATION 2: A residential condominium • ILLUSTRATION 2: A residential condominium association maintains a longstanding policy of restricting use of its party room to owners, residents, and their guests. Consistent with that policy, it refuses and their guests. Consistent with that policy, it refuses to rent the room to local businesses and community organizations as a meeting place for educational seminars. The party room is not a place of public seminars. The party room is not a place of public accommodation.

• ILLUSTRATION 3: A private residential apartment complex contains a rental office. The rental office is a

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complex contains a rental office. The rental office is a place of public accommodation.

Religious Entity Exemption

Are religious entities exempt from the requirements of Title III of the ADA? Yes, but they would be subject to the employment they would be subject to the employment obligations of Title I if it has enough employees to meet the requirements for coverage.to meet the requirements for coverage.

III$1.5100 Definition. A religious entity is a religious organization or an entity controlled by religious organization or an entity controlled by a religious organization, including a place of worship.

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Religious Entity Exemption

If an organization has a lay board, is it automatically ineligible for the religious exemption? No. The exemption is intended to have broad application. exemption is intended to have broad application. For example, a parochial school that teaches religious doctrine and is sponsored by a religious order could be exempt, even if it has a lay board.order could be exempt, even if it has a lay board.

ILLUSTRATION: A religious congregation operates a day care center and a private elementary school a day care center and a private elementary school for members and nonmembers alike. Even though the congregation is operating facilities that would otherwise be places of public accommodation, its otherwise be places of public accommodation, its operations are exempt from Title III requirements.

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Private Club Exemption

The obligations of Title III do not apply to any "private club”. An entity is a private club for purposes of the ADA if it is a private club under Title purposes of the ADA if it is a private club under Title II of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, and national origin by public accommodations. Courts national origin by public accommodations. Courts have been most inclined to find private club status in cases where AA

1) Members exercise a high degree of control over club operations.

2) The membership selection process is highly selective.2) The membership selection process is highly selective.

3) Substantial membership fees are charged.

4) The entity is operated on a nonprofit basis.

5) The club was not founded specifically to avoid

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5) The club was not founded specifically to avoid compliance with Federal civil rights laws.

Private Club Exemption

Facilities of a private club lose their exemption to the extent that they are made available for use by nonmembers as places of public use by nonmembers as places of public accommodation.

ILLUSTRATION: A private country club that ILLUSTRATION: A private country club that would be considered a "private club" for ADA purposes rents space to a private day care purposes rents space to a private day care center that is also open to the children of nonmembers. Although the private club would maintain its exemption for its other operations, it maintain its exemption for its other operations, it would have Title III obligations with respect to the operation of the day care center.

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Current Issue: Service Animals

Service animals are defined as dogs that are individually trained to do work or perform

tasks for people with disabilities. Examples of tasks for people with disabilities. Examples of work or tasks include:

• guiding people who are blind• guiding people who are blind• alerting people who are deaf• pulling a wheelchair• alerting and protecting a person who is having • alerting and protecting a person who is having

a seizure• reminding a person with mental illness to take • reminding a person with mental illness to take

prescribed medications• calming a person with Post Traumatic Stress

Disorder (PTSD) during an anxiety attack

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Disorder (PTSD) during an anxiety attack• performing other duties.


Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not provide comfort or emotional support do not qualify as service animals under the ADA.

Significant amount of confusion and violations Significant amount of confusion and violations on both sides. Businesses are illegally asking legitimate service dogs and their owners to leave and pets are illegally being passed off as leave and pets are illegally being passed off as service dogs.

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Is a very tough issue that is getting attention.


• Beginning on March 15, 2011, only dogs are recognized as service animals under Titles II and III of the ADA. A service animal is a dog that is individually trained to do service animal is a dog that is individually trained to do work or perform tasks for a person with a disability.

• Generally, Title II and Title III entities must permit service animals to accompany people with disabilities in all areas animals to accompany people with disabilities in all areas where members of the public are allowed to go.

• When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two only limited inquiries are allowed. Staff may ask two questions: (1) is the dog a service animal required

because of a disability, and (2) what work or task has

the dog been trained to perform. Staff cannot ask the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog

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training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.


• Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.the facility.

• A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the dog is out of control and the handler does not take effective out of control and the handler does not take effective action to control it or (2) the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services

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disability the opportunity to obtain goods or services without the animal’s presence.


Under the ADA, service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls.

• Establishments that sell or prepare food must allow • Establishments that sell or prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises.

• People with disabilities who use service animals cannot • People with disabilities who use service animals cannot be isolated from other patrons, treated less favorably than other patrons, or charged fees that are not charged to other patrons without animals. In addition, if a

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to other patrons without animals. In addition, if a business requires a deposit or fee to be paid by patrons with pets, it must waive the charge for service animals.


• If a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may also be charged for damage caused by himself or his service animal.

• Staff are not required to provide care or food for a • Staff are not required to provide care or food for a service animal

Tread lightly with service animals. Tread lightly with service animals. Know what you can and cannot ask and train your staff! When in ask and train your staff! When in doubt allow the animal unless it is not in control.

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not in control.

Current Issue: Pools and Spas

As of January 31, 2013, MOST pools must have a permanent lift (or sloped entry). There is no need to provide access to existing pools is no need to provide access to existing pools if doing so is not “readily achievable.”

USDOJ has stated they will not pursue USDOJ has stated they will not pursue enforcement of the fixed lift requirements against those who have purchased otherwiseAcompliant portable lifts before otherwiseAcompliant portable lifts before March 15, 2012 as long as they are kept in position for use at the pool and operational during all times that the pool is open to during all times that the pool is open to guests.

Access must also be provided to hot tubs, etc. Generally done with a transfer wall.

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etc. Generally done with a transfer wall.

Current Issue: ATMs, etc.

The Standards provides requirements to make ATMs readily accessible to and usable by individuals with disabilities, and include voice audio, height, reach, disabilities, and include voice audio, height, reach, input, keypad, function key, display screen, and Braille instruction requirements.

The ADA requires banking institutions to implement a The ADA requires banking institutions to implement a compliance plan by 3/15/11 which will include:

1. Inventory of existing ATMs

2. Compare each ATMs specifications to the 1991 2. Compare each ATMs specifications to the 1991 ADA standards and 2010 ADA standard

3. Consult with your ATM vendors to determine the cost of each upgrade.the cost of each upgrade.

4. Establish a budget, strategic plan, and schedule for achieving ATM accessibility; and

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5. Revisit the plan at least annually

Current Issue: Technology

The Standards are not updated as often as technology advances and has raised some issues that are/have been addressed in some way.that are/have been addressed in some way.

Technology topics that are evolving:

1. Captioning of video (both theaters and onAline streaming) – many movie theaters, Netflix, etc. streaming) – many movie theaters, Netflix, etc. involved in enforcement actions

2. Web sites – many issues that need to be resolvedresolved

3. Electronic readers – Kindle, etc.

4. Education technology in schools4. Education technology in schools

5. Ticket sales (especially over the internet)

6. More to emerge!

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6. More to emerge!

Current Issue: Access Ramps

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Current Issue: Health Care

The BarrierAFree Health Care Initiative is a multiAphase initiative Initiative is a multiAphase initiative that will include effective communication for people who are deaf or have hearing loss, physical deaf or have hearing loss, physical access to medical care for people with mobility disabilities, and equal access to treatment for people who access to treatment for people who have HIV/AIDS.

• Examination tables and equipment• Examination tables and equipment• Clear spaces and other architectural

features• Accessible routes

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• Accessible routes• Prescriptions with large print and/or

Braille labels

Other Topics

Time constraints don’t allow me to go into detail about a number of other topics, detail about a number of other topics, including:

• Alterations to primary function area• Alterations to primary function area

• Disproportionality

• Steps to completing an assessment of • Steps to completing an assessment of accessibility

• Accessible taxi cabs • Accessible taxi cabs

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Helpful Resources

U.S. DOJ – www.ada.gov

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http://www.ada.gov/

Helpful Resources

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Helpful Resources

U.S. Access Board – www.accessAboard.gov

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http://www.access-board.gov/

Helpful Resources

Relay Indiana A http://relayindiana.com/

Great Lakes ADA Center A www.adagreatlakes.org/

ADAAIndiana A http://www.iidc.indiana.edu/cpps/ada/ADAAIndiana A http://www.iidc.indiana.edu/cpps/ada/

ADA National Network A http://adata.org/Static/Home.html

International Center for Disability Resources on the Internet Ahttp://www.icdri.org/resource_page.htmhttp://www.icdri.org/resource_page.htm

National Association for the Deaf A http://www.nad.org/

American Council for the Blind A http://www.acb.org/

Indiana Resource Center for Families with Special Needs Ahttp://insource.org/index.htm

United Spinal Association A http://www.unitedspinal.org/

National Federation of the Blind A http://nfb.org/

Paralyzed Veterans of America A http://www.pva.org

NUMEROUS others!!

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Helpful Resources

Accessible Sidewalks Video SeriesPresented by the US Access BoardPresented by the US Access Board

Part II: Design Issues for Pedestrians with Ambulatory

Impairments

http://www.access$board.gov/guidelines$and$

standards/streets$sidewalks/public$rights$of$

way/guidance$and$research/accessible$sidewalks$way/guidance$and$research/accessible$sidewalks$

video$series

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Thank you for your

time!time!

Questions??

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