People with disabilities that affect communication are entitled to auxiliary aids and services, unless the result is a fundamental alteration, undue burden, or undue hardship.

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Staff working at state and local government service offices must be trained to receive and return relay calls, and utilize ttys if available.

911 service must be direct call for people using ttys, and cannot require user to call 711 (relay access) first.

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New Construction:Any facility that was built after 1992 must be designed so that it is readily accessible and usable by people with disabilities

Altered Facilities:When alterations change usability of facility, altered portion must be readily accessible and usable by people with disabilities

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Action Steps

Designate a responsible employee.

Provide notice of ADA requirements.

Establish a grievance procedure.

Conduct a self-evaluation.

Develop a transition plan if locality employees total more than 50 and structural barriers exist.

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• File a complaint with the Department of Justice

• Private lawsuits

• Alternative Dispute Resolution including mediation

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Restaurants Clothing Stores Malls Movie Theaters Grocery Stores Arcades Bowling Alleys Ball Parks and Stadiums Museums Apartment Leasing Offices

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Concert Halls Bars Skating Rinks Hotels and Motels Campgrounds Convenience Stores Car Dealerships Doctor and Dentist

Offices Amusement Parks Hospitals

Private ClubsChurchesPrivate HousingState and Local Government Offices and

Services

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Public Accommodations cannot: Exclude people with disabilities based

solely on their disability Discriminate through contract Screen out people with disabilities with

eligibility criteria Require people with disabilities to

participate in separate programs/use separate area/accept accommodations they do not want

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Public accommodations DON’T have to offer special products for people with disabilities: ie, bookstores don’t have to offer books on tape for people who are blind; restaurants don’t have to have special menus for people allergic to wheat products, etc…

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Access means being able to enjoy the goods and services of a business.Barriers can be created by policies, architectural features and communication methods

Barrier removal can create access.

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Policy Barriers could include: Requirements to have a driver’s license to

get a membership card. Special seating times for people with

disabilities. Requiring that people with mobility aids

have a companion with them. Requiring people with disabilities to utilize

separate programs

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Reasonable changes must be made to policies to allow access.Examples: Allowing customer to use a state issued ID

instead of a driver’s license Allowing more than one adult in a dressing

room if a companion/assistant is necessary Changing a reservation system that cannot

reserve a specific room so that accessible rooms are reserved for people with disabilities.

Allowing service animals despite “no pets allowed” policies

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The updates to the ADA Regulations in 2010 have narrowed the definition of a service animal. -NOW, SERVICE ANIMALS ARE DOGS ONLY

(except for some miniature horses, in certain circumstances)

NO OTHER ANIMALS ARE CONSIDERED SERVICE ANIMALS UNDER ADA

A service dog must be specially trained to do a TASK for the owner, not just provide comfort (fair housing)

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Policies that maintain the basic and fundamental nature of the business do NOT have to be altered.Example: Planetarium does not have to turn on the

lights for a person with low vision because this fundamentally alters the planetarium.

Roller coaster does not have to go slow so that person with heart condition can ride it.

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Businesses also don’t have to provide: Personal assistance services for individual

(like help feeding someone at a restaurant)

Personal mobility devices for individual (like a wheelchair at the mall)

Supervision for a service animal

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Businesses CANNOT charge for accessibility features (Like charge more for an accessible room at a hotel)

But…Businesses CAN require refundable deposits

for auxiliary aids (Like charge a refundable deposit for museum visitors borrowing assistive listening devices)

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Architectural Barriers are physical features of a building that limit accessibility.

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Stairs Narrow Doors Narrow Aisles High Counters Thick Carpeting Low Lighting

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High or Low Tables Low Hanging Items Lack of Accessible

Parking Round Doorknobs Inaccessible

Restrooms/Dressing rooms

Readily AchievableEasily accomplishable and able tobe carried out without muchdifficulty or expense.

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Widening a restroom door Installing grab bars Building a ramp Changing door knobs to levers Reducing the pressure to open a door Purchasing an assistive listening device

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Undue burden means: Overly expensive or taking too much

effort/expense And is… Determined on a case by case basis

What is readily achievable for one business can be an undue burden for another business based on the size and assets of a business.

example: national chain vs. “mom and pop” store04/18/23 22

• Existing Facilities- Readily Achievable Barriers removed, use of tax credits to improve access

New Construction- Built Accessible

Alterations-If use changes, then up to 20% of costs of alteration spent on improving access in primary function area and path of travel

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ADA Standards are the physical requirements for accessibility in the built environment

ADA Standards for Accessibility were updated in the Fall of 2010.9/15/2010-3/15/2012-Title II and III entities can

choose from new and old standards on projects started during this period

3/15/2012-Beyond-Title II and III entities must use New Standards for Accessibility

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If barrier removal is not readily achievable, public accommodations must make goods and services available through alternative methods.

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Service at other accessible locations Home delivery Door bell to request service Moveable chairs to provide access where

fixed seating is not accessible Advertise availability of message relay 711

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Include:◦ Voice only telephones in hotels, motels, malls◦ Smoke and fire alarms that are solely visual or

aural◦ Televisions in hotel rooms without closed

captioning capability◦ Written menus◦ Tours offering only spoken descriptors

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Available TTYs at hotels/motels and in public malls and meeting areas

Smoke and fire alarms that provide visual and aural alarms

Televisions with close captioning Alternative menus in Braille, on tape or wait staff

available to read menu Brailled buttons in elevators Tours with available taped descriptors or written

information

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If a business offers transportation services to customers it must have the means to offer similar service to persons need accessible transportation ◦ Example: Hotel with airport shuttle subcontracts

with an accessible van company for customers using wheelchairs

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• File a complaint with the Department of Justice

• Private lawsuits

• Alternative Dispute Resolution including mediation

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The Mid Atlantic ADA Center:1 800 949 4232 (voice/TDD) www.adainfo.org

EEOC1 800 669 4000 (voice)1 800 669 6820 (TDD)

www.eeoc.gov

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Department of Justice:1 800 514-0301 (voice)1 800 514 0383 (TDD)www.usdoj.gov/crt/ada/

The US Access Board (For materials on physical accessibility) 1 800 872 2253 (voice)1 800 993 2822 (tty)

www.access-board.gov/

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Federal Communication Commission1 888 225 5322 (voice) 1 888 835 5322 (tty) www.fcc.gov/cgb/dro/

The Virginia ADA Coalition:

1 757 461 8007 (voice)1 757 461 7527 (tty)

email: efisher@endependence.org

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Please complete the evaluation provided in your folder.

Thanks for coming!!

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