NEW AMENDMENTS TO TITLES II AND III
As part of the administration’s commemoration of the 20th anniversary of the Americans with Disabilities Act (ADA), there have been new rules that will amend the Department of Justice’s regulations implementing Title II and Title III of the ADA. These two rules will be published concurrently in the Federal Register.
Title II
of the ADA focuses on public services. Public services, which include state and local government instrumentalities, the National Railroad Passenger Corporation (AMTRAK), and other commuter authorities, cannot deny services to people with disabilities or deny participation in programs or activities that are available to people without disabilities. In addition, public transportation systems, such as public transit buses, must be accessible to individuals with disabilities.
Title III
of the ADA focuses on public accommodations. All new construction and modifications must be accessible to individuals with disabilities. For existing facilities, barriers to services must be removed if readily achievable. Public accommodations include facilities such as restaurants, hotels, grocery stores, retail stores, etc., as well as privately owned transportation systems.
Some of the changes that will affect Title II and Title III follow:
Adoption of the Revised Design Standards
– New accessible design standards are established for a variety of recreational facilities, including swimming pools, playgrounds, golf courses, amusement rides, recreational boating facilities, exercise machines and equipment, miniature golf courses and fishing piers; as well as for such public facilities as courthouses, jails and prisons.
Element by Element Safe Harbor
– The department is mitigating the cost of design changes by adopting a “safe harbor” under which existing building elements that already comply with the 1991 ADA Standards for Accessible Design would not be required to be brought into compliance with the 2010 Standards until the elements were subject to a planned alteration.
Ticketing
– The department has added provisions that provide guidance on the sale of tickets for accessible seating, the sale of season tickets, the secondary ticket market, the hold and release of accessible seating to persons other than those who need accessible seating, ticket pricing, prevention of the fraudulent purchase of accessible seating and the ability to purchase multiple tickets when buying accessible seating.
Service Animals
– The regulations define “service animal” as a dog that has been individually trained to do work or perform tasks for benefit of an individual with a disability.
Wheelchairs and Other Power-Driven Mobility Devices
– The amended rules provide a two-tiered approach under which wheelchairs and scooters must be permitted in all areas open to pedestrian use.
Timeshares
– The Title III regulation also makes clear that timeshare and condominium properties that operate like hotels are subject to title III, providing guidance about the factors that must be present for a facility that is not an inn, motel, or hotel to qualify as a place of lodging.
Reservations at places of lodging
– The Title III regulation includes provisions for reservations made by places of lodging, including requirements for procedures that will allow individuals with disabilities to make reservations for accessible guest rooms during the same hours and in the same manner as other guests.
Further information on these regulations are available by visiting:
In addition, on July 22, 2010, the Department of Justice’s Civil Rights Division and the Department of Health and Human Services’ Office for Civil Rights issued new technical assistance guidance for medical providers which will help people with mobility disabilities obtain accessible medical care. Access to Medical Care for Persons with Mobility Disabilities will assist medical care providers in understanding how the ADA and Section 504 of the Rehabilitation Act of 1973 apply to them. This 19-page document includes an overview of general ADA requirements, commonly asked questions, and illustrated examples of accessible facilities, examination rooms and medical equipment. More information on the guidance is available at
www.ada.gov/medcare_ta.htm
.
For information or guidance on these regulations, please contact your ADA National Network Regional Center by following this link:
ADA National Network
.
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