ADA In Focus - Volume 6, Number 2 Spring 2001
ACCESS TO RECREATION
Making Leisure Activities Available to All Accessibility to recreational and leisure activities has long been a challenge, due to a variety of factors. Some people feel that access to recreational activities is a low priority, an "extra" that isn't as important as access to the built environment where we go to work and shop. Yet people with disabilities want to play, too. The health benefits of recreation and relaxation are becoming more widely recognized as well. In our fast-paced, high-stress world, the importance of both physical activity and peaceful relaxation can hardly be overstated. We need to run and jump and stretch and splash. We need grass and trees and lakes and streams. We need a change of pace and a change of scenery. How to Make the Outdoors Accessible The Board has several publications available that can provide information about access to outdoor and recreational activities. These documents range from advisory committee and research reports to final rules; although they are not legally enforceable standards, they can provide valuable guidance. Documents with Information on Recreation Facilities: For individuals without Internet access, call the Board toll free at 1-800-872-2253 voice or 1-800-993-2822 TTY. Attitudes as Barriers Although legitimate safety requirements can be imposed, many programs and facilities traditionally screen out people with disabilities based on outdated or unfounded fears or assumptions about what people with disabilities can or should do. Separate recreation programs for people with disabilities also are frequently offered. Some are established with the best intentions, provide unparalleled opportunities, and produce wonderful results. Others are simply steeped in the traditions of segregation. There is no problem with designing a swimming program especially for people with arthritis; it may be popular and beneficial. A person with arthritis, however, cannot be told that she cannot swim in the pool during “free” time, simply because the separate program is available to her. Promoting Full Access Research on Attitudes In addition to the information about the usability of specific types of elements, the study reinforced how important advance information and signage are for people with disabilities. Brochures, maps, and other forms of information, and on-site signage about the availability and location of accessible elements, is extremely helpful to people with disabilities. NCA also is engaged in extensive and ongoing efforts related to golf, and has published a study on the use of various swimming pool entry systems. Evaluating Beach Accessibilility NCA also hosts a listserv that includes research findings, training announcements and articles about parks access, recreation, and tourism. The NCA's website is: ncaonline.org and to subscribe to the listserv, follow the links to "NCA News." Travelers with Disabilities More Recreational Options
Spring is the time of year when many of us turn our thoughts to the outdoors. The cold, dark months of winter have passed. The warm breezes and the dancing sunlight beckon us to picnics and camp-outs. The crack of the bat calls us to play, to watch, to cheer. Spring summons us all, no matter our age or ability. For people with disabilities, the chance to become participants, or even spectators, is often limited by architectural, communication, and attitudinal barriers.
Physical access in outdoor environments may be problematic, particularly in less developed areas with steep or rocky terrain, fluctuating water levels, and other flourishes of nature. Entities covered by the ADA have obligations when it comes to recreational programs and facilities, but until recently there has been little in the way of standards and specifications to guide them. The US Access Board and its advisory committees, which include numerous experts in various fields, have been working diligently to study the issues and finalize rules and guidelines for access in outdoor and recreational areas.
The following are available on the Board's website:
Policies, practices, and attitudes can be as significant as physical or communication barriers for people with disabilities wishing to participate in all kinds of activities. The ADA prohibits covered entities from excluding people based on fears and stereotypes.
The National Center on Accessibility is a national organization committed to promoting access to parks and full participation by people with disabilities in recreation and tourism. They conduct a variety of research and training projects, provide technical assistance, and have a number of publications available. Many of their projects are designed to look at practical means of facilitating the integration of activities, so that people with disabilities can enjoy the outdoors together with their families and friends without disabilities.
NCA recently completed research on the "Functional Aspects of Accessible Picnic Elements." The purpose of this study was to ascertain the perceptions of people with and without disabilities regarding the design and function of certain accessible picnic elements. The findings are intended to assist facility managers and park planners in acquiring picnic tables, grills, etc.
Currently, in conjunction with Action Disability Advocates, NCA is conducting research to evaluate seven temporary beach surfaces that have been installed in Daytona Beach, FL. Approximately 75 individuals with mobility impairments will participate in the project, and installation and maintenance data also will be collected to determine the effectiveness of the surfaces.
There are also several sources of accessibility information for travelers with disabilities. One comprehensive web site is www.access-able.com. This site offers a choice of graphics or text only pages, and features information and links to various organizations, tour groups, travel agents, cruise lines, and accessibility guides. Travelers also can find personal "travel tales" submitted by people with disabilities. A searchable database will zero in on a particular location and need, and help plan a trip to Kathmandu or rent a hoyer lift in Buenos Aires.
There are numerous organizations that are involved in recreational, leisure, travel, and tourism activities for people with disabilities. For a list of a few that may be of interest, see page 8 of this newsletter. For more information or to discuss particular situations, call the ADA & IT Information Center at 1-800-949-4232 voice or TTY.
Calendar
UPCOMING TRAINING EVENTS
ADA Distance Learning Program
ADA Status Report.........................July 17, 2001 Sports Conference to Feature Demonstrations Challenge 2001: Disabled Sports Employment Conference, Sept. 5-7, 2001 For more information, contact Disabled Sports USA at 301-217-0960 (v) or 301-217-0963 (tty), email at programs@dsusa.org, or visit the website at dsusa.org. Other Training Opportunities Moving Beyond the ADAAG (for design and code enforcement professionals) Eighth National Disability Statistics and Policy Forum Disability Employment Policy Institute
The ADA Distance Learning Program offers low-cost staff training conducted by national experts in the disability field. The only equipment you need is a telephone. Real-time captioning on the Internet is provided for each session. Following are the upcoming Distance Learning Program audio-conferences.
Two Tickets, Please.......................August 21, 2001
Designing Accessible Lodging Facilities...September 18, 2001
For more information, call the ADA & IT Information Center at 800-949-4232 (v/tty) or check the Training and Resources page.
This national conference on employment opportunities for people with disabilities in the sports and recreation fields will be held in Washington, DC. Topics include strategies for recruitment and training; and seminars on how to recruit and train youth, women, minorities, veterans, and SSI/SSDI recipients for employment. The final day of the conference will feature demonstrations and displays near the Washington monument; the media and the public are welcome. Sports demonstrations will include rock climbing, sailing, waterskiing, canoeing, kayaking, cycling and running/wheeling. The latest in adapted sports equipment will be on display.
Retrofitting for Accessibility (indoor and outdoor recreation environments)
Gatlinburg, Tennessee......................September 24-28, 2001
For more information, contact NCA at 812-856-4429 (v) or 812-856-4421 (TTY) or visit their website at ncaonline.org.
Baltimore, Maryland.........................September 25, 2001
For more information, call the PVA at 1-800-786-2039.
Washington, DC...............................October 17, 2001
For more information, contact the Disability Statistics Center at 415-502-5210 (v) or 415-502-5205 (TTY) or email at distats@itsa.ucsf.edu.
Washington, DC................................October 18-19, 2001
For more information, contact Cornell University at 607-255-7727 (v) or 607-255-2891 (tty), or email at smb@cornell.edu.
COALITION NEWS
Coalitions in 2001: New Listservs Available District of Columbia Access Coalition Delaware Statewide Coalition for the ADA Maryland Coalition for ADA Education Pennsylvania ADA Coalition Virginia ADA Coalition West Virginia ADA Coalition Contact the Coalition in your area to be added to the listserv, discuss training and information needs, alert them about upcoming conference and exhibit opportunities, or get involved in activities.
The ADA & IT Information Center supports six Coalitions throughout the region to provide ADA education and training. Each Coalition maintains a listserv to disseminate information, announcements, and community news. The listserv is sent out via email to individuals, Centers for Independent Living and other disability related organizations, business associations, government agencies, and others. Each listserv includes a twice monthly update from the ADA & IT Information Center with notes on significant court decisions in ADA related cases, current events, meetings and forums, information on newly issued guidance documents and resource materials, and links to information posted on the Internet. Additionally, the Coalitions offer training sessions, distribute materials, and participate in community events. Each Coalition has a library of materials and video tapes available for loan. They also provide materials for conferences, trade fairs, or community events. Some highlights of Coalition activities this year include:
The District of Columbia Access Coalition provided training for staff at the U.S. Department of Labor and U.S. Department of Interior. It also participated in the Arthritis Foundation National Advocacy Forum.
The Delaware Statewide Coalition for the ADA (SCADA) presented at the Brain Injury Association's annual conference and provided an exhibit at the Alliance for the Mentally Ill. SCADA also is partnering with a local CIL to promote participation in some ADA distance learning teleconferences.
The Maryland Coalition for ADA Education recently moved to a new location in Silver Spring. The Coalition has provided trainings for One-stop employment center staff, deaf studies students, housing counselors, camp and recreation providers, and job coaches.
The Pennsylvania ADA Coalition (PADAC) provided 50 training events and exhibits to a variety of groups, including: domestic violence hotline operators, Harley-Davidson motorcycle owners, health professionals, architects, home builders, Chamber of Business and Industry members, cooperative and extension programs, state lottery employees, Center for Independent Living staff, counselor education classes, and hospitality staff.
The Virginia ADA Coalition focused attention on the business community through outreach and networking activities with local chambers of commerce and business advisory committees.
The West Virginia ADA Coalition provided training for eight senior centers, IRS staff, county judges and court staff, rehabilitation facility staff, an HIV prevention project, One-stop employment center staff, high school health care classes, and a specialized ADAAG training for landscape architects.
CONTACT THE COALITIONS
Maryland: 301-585-9771 (v/tty) District of Columbia: 202-234-7550 ext. 5 (v), 202-234-7590 (tty) Delaware: 302-292-3066 (v/tty) West Virginia: 304-636-0143 (v/tty) Virginia: 434-384-1322 (v/relay)
Pennsylvania: 814-863-0471 (v/tty) Region III Human Rights/Relations Agencies District of Columbia Office of Human Rights Delaware Human Relations Commission Kent County Office Sussex County Office Maryland Commission on Human Relations Pennsylvania Human Relations Commission Virginia Council on Human Rights West Virginia Human Rights Commission
email: kimball.msilc@gte.net
email: rights@erols.com
email: lheller@magpage.com
email: assist@neumedia.net
email: Cash@CentralVa.net
email: wwrl@psu.edu
441 4th Street, NW
Suite 970N
Washington, DC 20001
Phone: 202-727-3900
New Castle County Office
Caravel State Office Building
820 North French Street
Wilmington, DE 19801
Phone: 302-577-5050
James Williams Service Center
805 River Road
Dover, DE 19901
Phone: 302-739-4567
Georgetown State Service Center
546 South Bedford Street
Georgetown, DE 19947
Phone: 302-856-5331
Suite 900, Schaefer Towers
6 Saint Paul Street
Baltimore, Maryland 21202
Phone: 410-767-8600
TTY: 410-333-1737
Toll Free: 1-800-637-6247
101 South Second Street, Suite 300
Harrisburg, PA 17101
Phone: 717-787-4410
TTY: 717-783-9308 or 717-787-4087
Washington Building, Suite 1202
1100 Bank Street
Richmond, Virginia 23219
Phone: 804-225-2292 or 1-800-633-5510
1321 Plaza East, Room 108 A
Charleston, WV 25301-1400
Phone: 304-558-2616
Toll-free: 1-888-676-5546
Decisions in Focus
CURRENT ADA RULINGS
States' Immunity In a 5-4 decision, the Justices ruled that individuals can no longer sue their State employers for monetary damages for violations of the ADA's employment provisions, on the grounds that States are immune from such actions under the Eleventh Amendment to the Constitution. Congress can remove, or abrogate, States' immunity only in limited circumstances, such as to ensure citizens' constitutionally guaranteed rights. The Court has held that Congress exceeded this authority when it subjected States to the monetary damage provisions of Title I of the ADA, and that many actions which would be prohibited by the ADA would not violate the Constitution. Legal Precedence and the ADA Relying on precedence related to the Equal Protection Clause, the Court holds that many of the actions prohibited by the ADA are subject only to the "rational basis review" standard. So, if there is some rational basis, such as the desire to maximize financial resources, for an action (for example, not hiring an individual who will need an accommodation that will cost money), then that action does not violate the Constitution. Insufficient Record The Congressional Record contained only a few references to incidents where individuals with disabilities experienced employment discrimination at the hands of States, and those did not contain enough information to determine if the experiences amounted to Constitutional violations. What the Justices Say In his dissenting opinion, Justice Breyer disagrees, saying "Congress compiled a vast legislative record" and "created a special task force . . . [that] held hearings in every State." Together with census and general employment statistics, Congress found that discrimination was pervasive and put people with disabilities at an extreme disadvantage throughout society. The Court makes it clear that this decision is fairly narrow in scope. It does not strike down the ADA, or even release States from all obligations to their employees with disabilities. It simply means that an individual who works for a State cannot file a private lawsuit under Title I of the ADA and recover monetary damages. The United States (through the Equal Employment Opportunities Commission) can still seek such damages, and individuals can sue for other forms of injunctive relief, such as reinstatement. Effect on other Aspects of the ADA This decision does not disturb other aspects of Title II (citizens' access to programs, services, and activities); nor does it affect the ADA's application to units of local government, such as cities, towns, and counties. Local governments are not entitled to the same immunity under the Constitution as the States. The Court also recognized the importance of State laws designed to provide protections to people with disabilities. A footnote to the majority opinion observes that, by 1990, every State in the nation had "enacted such measures." State Human Rights or Human Relations laws often cover entities and include requirements similar to those in the ADA, and many cover housing as well. What's New TELECOMMUNICATIONS NEWS
Section 255 of the Communications Act directs the Federal Communications commission to ensure the accessibility of the telecommunications network for people with hearing and speech disabilities. According to U.S. Census data, 10.9 million Americans have a hearing impairment which limits their understanding of spoken conversation, and 2.5 million have a functional limitation in their speech. Dial 711 for Relay Service Some states have had 711 capabilities for some time. Bell Atlantic, through combined efforts with the Maryland Relay, implemented 711 dialing in Maryland in 1999. Using Advanced Intelligent Network (AIN) technology, Maryland supports all common types of relay services through 711, including voice and text (Baudot and ASCII), voice carry over (VCO), hearing carry over (HCO), and speech to speech (STS). All of the states in Region III currently have 711 service available. Speech to Speech It is anticipated that this service may benefit some people with cerebral palsy, Parkinson's disease, laryngectomies, stuttering, stroke, or other conditions that affect the loudness or clarity of speech. Like other relay services, STS calls can be initiated by either party. Spanish TRS Also effective March 1, interstate callers will have access to Spanish-speaking CAs, who will receive messages either by voice or TTY and relay the conversation. This is not a translation service; the CA and both parties in the conversation will use Spanish. For more information on telecommunications issues, visit the FCC Disability Rights Office website or call toll free 1-888-225-5322 (1-888-CALL-FCC) v; 1-888-835-5322 tty. ACCESS BOARD ISSUES GUIDELINES ON MOVIE CAPTIONING
The Board has posted a new technical bulletin on closed captioning technologies for movie theaters. This bulletin describes several new systems that present movie captions in ways that do not interfere with the typical viewing experience. Guidance is provided on how the different systems work, their design requirements, costs and availability. The Board is making this guidance, which is advisory only, available for use by the operators and designers of movie theaters who wish to explore captioning solutions. The bulletin is available on the Board's website at www.access-board.gov/news/captioning.htm in HTML, PDF, and text formats. ACCESS TO TRANSPORTATION
The U.S. Department of Transportation has a page on its website that contains information related to both the ADA's provisions for public transportation, and the Air Carrier Access Act (ACAA). The page has links to regulatory documents, advocacy organizations and other sites of interest, and information about filing complaints. There are also helpful research and advisory papers, such as "Plane Talk" and "Air Travel for People with Disabilities." The page is located at www.dot.gov/accessibility. ADA-RELATED WEBSITES OF INTEREST
Disabled Sports USA: www.dsusa.org The National Center for Accessibility: www.ncaonline.org Outdoor Explorations: www.outdoorexplorations.org/ Wheelchair Sports USA: www.wsusa.org/about.htm Special Olympics: www.specialolympics.org Recreation.Gov: www.recreation.gov Mobility International: www.miusa.org ADA in Focus is published
three times yearly by the ADA & IT Information Center for the Mid-Atlantic
Region.
The staff of the ADA Information
Center is available to provide information on all aspects of the
ADA to individuals, businesses, government entities and organizations
in the Mid-Atlantic Region.
ADA In Focus is intended
for use by individuals, state and local governments, businesses,
legal entities, and others interested in developments in the Americans
with Disabilities Act. This publication is intended solely as an
informal guidance and should not be construed as legally binding.
ADA In Focus does not serve as determination of the legal rights
or responsibilities under the ADA for any individual, business or
entity.
Richard G. Luecking, President TransCen, Inc. is a Rockville, MD-based firm specializing in human resources issues that impact workplace diversity. TransCen administers the ADA & IT Information Center, providing business and technical assistance to DE, DC, MD, PA, VA and WV.
This is a publication of the ADA & IT Information Center, funded by the National Institute on Disability and Rehabilitation Research of the U.S. Dept. of Ed. (Grant # H133D60006). The opinions contained in this publication are those of the grantee and do not necessarily reflect those of the Dept. of Education.
ADA & IT Information Center
for the Mid-Atlantic Region © 2001 by TransCen,
Inc.
ADA In Focus
is available in large print, Braille, audio cassette, and computer
disk.
©2008 DBTAC: Mid-Atlantic ADA Center
The U.S. Supreme Court recently issued its decision in the Board of Trustees of the University of Alabama v. Garrett, the high-profile case which challenged the constitutionality of the ADA.
The Court also found that Congress failed to establish a sufficient record to support the contention that States were, in 1990 when the ADA was enacted, engaging in a pattern of unconstitutional employment discrimination against people with disabilities.
The FCC has for some time been studying the feasibility of requiring all telecommunications relay service (TRS) providers to implement three digit dialing access systems, and beginning October 1, TRS users will be able to access relay services by dialing 711 from any state in the nation. These requirements will apply to wireline, wireless, and payphone providers.
Telephone companies across the nation, as of March 1, are required to provide speech to speech (STS) relay services. STS service utilizes an operator (called a communications assistant, or CA) who is specially trained to understand and relay the speech of people with speech impairments. The parties using this service are not using TTYs; the CA simply listens to what the caller says and then repeats it to the called party.
Outdoor Explorations is an organization dedicated to using the outdoors as a catalyst for advancing community-wide inclusion of people with disabilities.
This organization develops local wheelchair sports programs and conducts qualifying meets for the National Wheelchair Games.
Special Olympics is an international program on year-round sports training and athletic competition for more than 1 million children and adults with mental retardation.
Information about recreational opportunities on federal lands can be found at this site. Click on "Accessibility" for a list of partner agencies' accessibility coordinators and their email addresses.
This national organization is dedicated to equal opportunities for people with disabilities in international educational exchange.
Marian Vessels, Project Director
Nancy Horton, Assistant Director
Kathleen Desmond Porter, Training Director
Jo Roesle, Technical Assistance Specialist
Mark Derry, Training Consultant
Kimberly Antonelli, Editor
Donna Stewart, Administrative Assistant
451 Hungerford Dr., Suite 607
Rockville, MD 20850-4151, tel: 301-217-0124 v/tty
fax: 301-217-0754,
tollfree: 800-949-4232 v/tty
url: www.adainfo.org
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