ada 101: the ada & cultural spaces robin jones, director great lakes ada center university of...
TRANSCRIPT
ADA 101: The ADA & Cultural Spaces
Robin Jones, DirectorGreat Lakes ADA Center
University of Illinois at Chicago
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AgendaO Discussion of the ADA as a Civil Rights
Law/BackgroundO Introduction of PanelistsO Effective CommunicationO Reasonable Accommodation/Modification
of Policy and ProceduresO Architectural AccessO EnforcementO Questions
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Shifting Paradigms
Moral Responsibility
Charity Model Medical
Model
Civil Rights
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How Far Have We Come?
From not being welcomed to…….. ….positive marketing
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How Far Have We Come?
From no access……… …..to Universal Access
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How Far Have We Come?
From no wheelchair seating…….. …to integrated seating.
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How Far Have We Come?
From beggar……………to celebrity status
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How Far Have We Come?
From clunky specialized technology to….. ….to mainstream technology
1950’s era TTY iPhone Facetime Chicago Cultural Access Consortium
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How Far Have We Come?
From volumes of Braille to……… ….handheld refreshable Braille device
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How Far Have We Come?
From limited options……..…..to unlimited possibilities
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Americans with Disabilities Act1990
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Purpose of the ADA
O Prohibit discrimination on the basis of disability
O Integration vs Segregation
O Equality of Opportunity
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ADA Facts you should know……
O Based on Section 504 of the Rehabilitation ActO Same definitions, etc.
O Applies to covered entities regardless of where their funding comes from
O Exemptions:O Religiously controlled and operated entitiesO Tribal Entities (those with recognized treaties)O Private Clubs (those that meet the IRS definition)O Federal Government
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Main Titles of the ADAO Title I – Employment
O Private employers with 15 or more employeesO Public employers with 1 or more employees
O Title II – Local and State Government EntitiesO Publicly owned and operated facilities -
Theatres, Museums, Zoos, Parks, Convention Centers, etc.
O Title III – Places of Public AccommodationO Privately operated facilities - Theatres,
Museums, Zoos, Parks, Convention Centers, Restaurants, Retails stores, hotels, etc.
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Additional TitlesO Title IV – Telecommunications
O Telephone Relay ServicesO Publicly funded Public Service
Announcements
O Title V – Miscellaneous ProvisionsO RetaliationO Attorney’s FeesO InsuranceO Etc.
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Today’s Panelists
O Christena Gunther – Elmhurst Historical Museum
O Evan Hatfield – Steppenworlf Theatre
O Lynn Walsh – Chicago Children’s Museum
O Philip Dawkins – Playwright
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What is Required? O Auxiliary Aids and Services/Effective
CommunicationO Provide alternative formats of print materials
O BrailleO Large PrintO Audio/Digital tapedO Electronic format
O Provide Different forms of communicating aurally and visually delivered informationO Sign Language InterpretersO Real-Time CaptioningO Assistive Listening SystemsO Audio Description
O Unless it would be a fundamental alteration or undue burden/hardship
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When is it RequiredO Advertisements/Promotions
O Website/Electronic CommunicationO FliersO Newspaper AdsO Radio AnnouncementsO Social Media
O Communication with the VenueO Telephone/TextO EmailO Face-to-FaceO Social Media Postings
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Technology IssuesO Accessible Information Technology
O Website and web based information /transactionsO Social Media O Internet based applications and/or services
O For Local/State Governments (Title II)O Part of the “programs” offered or method of
deliveryO For Places of public accommodation (Title III)
O Service and/or a method of conducting business with the public
O Pending regulations 2014
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What’s Required?O Accommodations/Modify policies and procedures
to ensure equal accessO Permit use of Service AnimalO Accept State ID versus Drivers LicenseO Consideration of seating due to disability (not just
wheelchair seating)O Allow food or drink where otherwise not allowedO Allow use of other paths of travel to get to areas within
the venueO Allow individuals to “do it differently”
O Unless it would be a fundamental alteration or undue burden/hardship
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Alert : Ticketing IssuesO 2010 ADA Regulation Changes
O Availability O Same hours, methods, etc.
O Pricing/Number of Tickets SoldO Sell up to 3 additional seat with wheelchair seat
O Adjacent if possible (including w/c and companion seats)
O Hold and ReleaseO Hold w/c seats until all other sold in seating area
O 2nd Market Ticket SalesO Treat same as others – exchange for accessible if
availableO Fraud Prevention
O Allow attestation to the need for accessible seating
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What is Required ? O Architectural Accessibility
O Existing FacilitiesO Readily Achievable Barrier Removal
O Little time and little expenseO Priorities for Barrier Removal
O Getting to the doorO Getting around inside the building/facilityO RestroomsO Other amenities (water fountain, alarms,
etc.)
O Obligation to remove barriers is on-going
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Architectural Access (con’t)
O Historic StructuresO Remove barriers unless they would destroy
the historic nature of the building/elementO Must be on local/state/national historic registryO Alternative options for access need to be
identified
O New Construction/AdditionsO New Standards – March 12, 2012
O All required features must be accessibleO Alterations
O Areas being altered must meet 2010 ADA Standards
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How Do I know if I am Accessible?O Governmental Entities
O Self-evaluation planO Review/modify policies and procedures as necessary
O Transition PlanO Identify architectural barriers and remove as necessary to
create access
O Private EntitiesO Review facilities (or have someone else do it) to
Identify architectural barriers O Remove if “readily achievable”O Create a “Plan” for removal if barriers require long term
changesO Identify alternative methods of service delivery if
architectural access cannot be achieved
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Tax BenefitsO IRS Code 190: Architectural and Transportation
Barrier RemovalO Installing lifts on vehicles, restriping parking lots,
widening doors, ramping entrances, signage, etc.O $15,000 Maximum/YR
O IRS Code 44: Disabled Access CreditO Sign language interpreters/Captioning, assistive
listening system, removing architectural barriersO Small Business - $1,000,000 or less gross revenue
and/or 30 or fewer employeesO $5,000 maximum/YR .50 on each $1.00 spent
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EnforcementO Local and State Government
O U.S. Department of Justice or designated agencyO 800-514-0301O www.ada.gov
O Places of Public AccommodationO U.S. Department of Justice or designated agency
O 800-514-0301O www.ada.gov
O Individuals may file “Private Right of Action” against public and private entities (with exception of Employment)
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Intersection with Other LawsO Entities may be covered by both Section
504 and the ADAO Different enforcement mechanismsO Different Remedies
O Local or State laws may be more “stringent” than the ADA or Section 504O The law which provides the greater access to
persons with disabilities prevailsO Know your local/state laws!
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Thoughts to take away today….
1. Learn the laws but do not let them limit you!
2. Laws are the starting point…..you and your agency can go beyond the minimum!
3. Never stop……creating an environment that is open and accepting of everyone requires constant diligence to maintain!
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Questions?Contact information:
Chicago Cultural Access Consortium
http://chicagoculturalaccess.weebly.com/
ChicagoCulturalAccess @ gmail.com
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