Auxiliary Aids and Effective Communication

1. Auxiliary Aids and Effective Communication 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.

2. Auxiliary Aids and Services • 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.

3. Structural Access 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

4. State and Local Government Requirements 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.

5. Title II Enforcement • File a complaint with the Department of Justice • Private lawsuits • Alternative Dispute Resolution including mediation

6. Title III Public Accommodations

7. Businesses considered Public Accommodations • Restaurants • Clothing Stores • Malls • Movie Theaters • Grocery Stores • Arcades • Bowling Alleys • Ball Parks and Stadiums • Museums • Apartment Leasing Offices • Concert Halls • Bars • Skating Rinks • Hotels and Motels • Campgrounds • Convenience Stores • Car Dealerships • Doctor and Dentist Offices • Amusement Parks • Hospitals

8. Places that AREN’T Public Accommodations Private Clubs Churches Private Housing State and Local Government Offices and Services

9. Public Accommodations 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

10. Public Accommodations 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…

11. Accessibility and Barrier Removal 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.

12. Policy Barriers 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

13. Policy Barriers 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

14. SERVICE ANIMALS 2011 • 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)

15. Policy Barriers 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.

16. Policy Barriers 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

17. Policy Barriers 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)

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

19. Architectural Barriers • Stairs • Narrow Doors • Narrow Aisles • High Counters • Thick Carpeting • Low Lighting High or Low Tables Low Hanging Items Lack of Accessible Parking Round Doorknobs Inaccessible Restrooms/Dressing rooms

20. Architectural Access Provisions Readily Achievable Easily accomplishable and able to be carried out without much difficulty or expense.

21. Examples of Readily Achievable Barrier Removal • 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

22. Undue Burden 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” store

23. Architectural Access Provisions • 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

24. New2010 Standards for Accessibility • 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

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

26. AlternativeMethods • 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

27. Communication Barriers • 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

28. Communication Solutions • 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

29. Transportation Offered by Title III Entities 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

30. Title III Enforcement • File a complaint with the Department of Justice • Private lawsuits • Alternative Dispute Resolution including mediation

31. Where to Get More Information • The Mid Atlantic ADA Center: 1 800 949 4232 (voice/TDD) www.adainfo.org • EEOC 1 800 669 4000 (voice) 1 800 669 6820 (TDD) www.eeoc.gov

32. Where to Get More Information • 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/

33. More Resources • Federal Communication Commission 1 888 225 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

34. That’s It! • Please complete the evaluation provided in your folder. • Thanks for coming!!