ADA In Focus - Volume 7, Number 2 Summer 2002
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ADA IN FOCUS is published three times yearly by the ADA & IT Information Center for the Mid-Atlantic Region
Richard G. Luecking, President Marian Vessels, Project Director Nancy Horton, Assistant Director Kathleen Desmond Porter, Training Director Thomas Lee McKeithan II, Technical Assistance Specialist David Stewart, Technical Assistance Specialist Mark Derry, Training Consultant Donna Stewart, Administrative Assistant
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
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© 2002 by TransCen, Inc.
BUSINESS OR PLEASURE: Travel and Recreation for People with Disabilities
The summer season is upon us, and many people are busily planning vacations, day-trips, and outings. Despite recent concerns, particularly about air travel, it seems that people are once again taking to the air (and the roads, rails, and water-ways). Statistics posted by the Travel Industry Association of America (www.tia.org) indicate that the travel and tourism industries are already beginning to recover from the 2001 slump.
The months when Americans travel the most are July, August, and June (yes, even beating out the holiday-heavy months of November and December). Domestic travelers most frequently travel strictly for leisure, using their cars, trucks, and RVs to reach their destinations and patronizing motels, restaurants, campgrounds, parks, and historic sites along the way. This kind of traveling accounts for approximately 75% of the domestic travel activity.
Interestingly, the top activity in which domestic travelers participate is shopping, followed by outdoor activities, historic sites/museums, beaches, cultural events/festivals, national/state parks, theme/amusement parks, gambling, nightlife/dancing, sports events, and golf/tennis/skiing.
Naturally, people with disabilities will join their families, neighbors, and co-workers for these conferences, cruises, and camping trips!
Common Interests, Unique Approaches
When people with disabilities travel and engage in leisure, cultural, and recreational activities, some unique situations may arise. Some people with disabilities travel with service animals. Some use certain types of equipment and supplies that require appropriate handling, particularly on airplanes, buses, trains, boats, and ships (for example, powered wheelchairs with batteries, medical supplies such as syringes, medications, or oxygen). Some will need communication devices or services, such as Braille materials, assistive listening devices, or interpreter services, to attend business meetings, concerts, or tours.
Travel, hospitality, recreation, and cultural arts industries have always striven to implement policies of good customer service and inclusion. However, unique facilities and activities often involve more than just "getting in the door"; swimming, skiing, wilderness hiking, and riding horses or roller coasters are just a few of the challenging pursuits that people of all ages and abilities may want to experience.
Planning and Playing
Planning ahead, for people with disabilities and businesses alike, is the key to successful travel and recreational experiences.
For people with disabilities, it is a good idea when making plans or reservations to ask about accessibility features or accommodations you may need, especially if you want to participate in particular activities. Don't assume that a hotel with wheelchair-accessible guest rooms will have an accessible pool or golf course. Also, don't be surprised to find that the "chain" store in another town is different from the one you always go to at home, or that the theater doesn't have the same kind of assistive listening devices you're used to.
For entities covered under either title II or III of the ADA, there are obligations to take proactive steps to ensure accessibility and integration. Don't wait until you have an inquiry (or reservation) from an individual to take a look at your programs or facilities.
Remember that there are several factors to consider when you think about serving and including people with disabilities. Architecture, communication, and attitudes are all important. Training and awareness for customer service staff is vital. It's not enough to have a ramp to the front door of your hotel, if the front desk clerk loudly insists that a customer remove his service animal from the premises.
Communication is key; communication involves expressing and receiving information and ideas. People with disabilities, and business or program operators, have knowledge and expertise. Sharing it is the way to ensure successful outcomes. Be prepared, but be prepared to be creative, too; it's more fun that way.
There are many resources to assist people with disabilities in planning for travel and recreational activities. Likewise, information is available for businesses and government agencies which operate various programs and facilities. These are just a few:
Deaf Mall, Travel Services:
www.deafmall.net/travel/
National Arts and Disability Center:
nadc.ucla.edu
310- 794-1141
Association of Science-Technology Centers:
www.astc.org
202-783-7200
ABLEDATA (on the web site, choose the high or low-graphic site, go to "Resource Centers", then "Travel"):
www.abledata.com
800-227-0216
Institute on Independent Living (international as well as U.S. resources):
www.independentliving.org/links/links-travel-and-leisure.html
The following publications are available at no charge, as long as supplies last:
- Accommodating All Guests: The ADA and the Lodging Industry
- ADA Answers for Food Service Operators
To request your copy, call the ADA & IT Information Center at 800-949-4232 V/TTY. We also have many other publications and resources that may be helpful to people with disabilities and those in the travel, hospitality, and recreation businesses.
CALENDAR UPCOMING TRAINING EVENTS
National Council on Independent Living: Celebrating 20 Years
WASHINGTON, D.C......................................................JUNE 12 - 15, 2002
For more information, contact Natalie P. Shear Associates, conference coordinators,
at 1-800-883-2420 or 202-833-4456 (Voice/TTY),
or e-mail ncilconference@ncil.org
Second Annual ADA/504 Coordinators and Accessibility Managers in the Arts Conference
WASHINGTON, D.C.......................................................AUGUST 2 - 6, 2002
John F. Kennedy Center for the Performing Arts,
202-416-8727 Voice or 202-416-8728 TTY,
or e-mail access@kennedy-center.org
ADA Distance Learning Program
The ADA Distance Learning Program offers the opportunity for low-cost training in the comfort of your office or home. Sessions are provided via toll-free telephone conference call; real-time captioning is available via an Internet web site.
ADA STATUS REPORT...........................................................JULY 16, 2002
Our most popular session! Join U.S. Department of Justice representatives as we discuss recent litigation and enforcement that continues to define the scope of the ADA. Settlement agreements and upcoming enforcement priorities will also be discussed.
PUBLIC RIGHTS OF WAY...................................................AUGUST 20, 2002
This U.S. Access Board convened a national advisory committee to develop recommendations for accessibility guidelines for public rights-of-way. This session will discuss the recommendations as well as the status of rulemaking.
ACCOMMODATING STUDENTS WITH PSYCHIATRIC DISABILITIES IN THE
CLASSROOM.............................................................SEPTEMBER 17, 2002
This session will discuss barriers to learning and identify methods to successfully include students with psychiatric disabilities in programs.
For more information, call the ADA & IT Information Center at 1-800-949-4232 V/TTY or visit the "Training and Resources" page at www.adainfo.org
Trainer's Group
If you provide training on disability-related issues and are interested in joining a new electronic listserv to share ideas, resources, and successful strategies, contact Kathleen Porter at 1-800-949-4232 (V/TTY) or e-mail kporter@transcen.org
COALITION / CONSORTIUM NEWS WHY IS SECTION 508 IMPORTANT?
The following are excerpts from an article entitled "Section 508 from the Hard of Hearing Perspective" by David Baquis, an Accessibility Specialist in technology with the U.S. Access Board. Mr. Baquis was formerly the director of the National Center on Assistive Technology at Self Help for Hard of Hearing People, Inc. and a member of the Advisory Council to the District of Columbia's Assistive Technology Program.
Section 508 of the Rehabilitation Act, as amended in 1998, requires Federal department and agencies, including the U.S. Postal Service, to comply with accessibility requirements when procuring, developing, using, or maintaining electronic and information technology (E&IT), unless doing so causes an undue burden (significant difficulty or expense).
Why is Section 508 important?
Section 508 is proactive. For the most part, it does not require users to disclose their disability and ask for help. It reduces barriers to E&IT up-front, in much the same way that the ADA (Americans with Disabilities Act) removed many architectural barriers.
Section 508 helps drive accessible design. Companies compete to develop products that conform to the 508 standard. Currently, many products conform to some, but not all, applicable provisions.
Section 508 spills accessibility technology into society. Product features developed for the purpose of meeting Federal procurement regulations will be retained and incorporated in products sold outside the Federal government as well.
Section 508 serves as a model for accessibility. Entities outside the Federal government have voluntarily chosen to incorporate the Standard.
Section 508 is enforceable. Federal agencies can be sued if they don't comply. This is one reason the Section 508 standard is taken very seriously and has received a lot of attention. Complaints must be filed by a person with a disability. The complaint can be filed directly with the Federal department or agency alleged to be in non-compliance, and they will investigate it. The complainant may also file a civil action. If an agency is determined to be noncompliant, complainants are entitled to injunctive relief (not punitive damages) and to recover reasonable attorney fees.
The Federal government is accountable. All Federal agencies have Section 508 Coordinators who help evaluate their agencies for 508 compliance and submit information to the U.S. Attorney General. The Attorney General, in turn, prepares and submits to the President a report containing information on and recommendations regarding the extent to which the E&IT of the Federal government is accessible to and usable by individuals with disabilities.
Section 508 increases employment opportunities for persons with disabilities in the Federal government. It also supports full participation by the public who use Federal government products and services.
Section 508 Facts
To avoid confusion, it is important to understand several facts about Section 508:
Section 508 requirements pertain to Federal agencies. The standard enhances accessibility for both Federal employees and public users of those agencies. For example, if you work for a private non-profit organization that recently purchased an uncaptioned video, the 508 requirements would not apply to your situation because you don't work for a Federal agency.
Section 508 requirements are only enforceable in relation to procurements that occurred after June 25, 2001. If you have a complaint about a Federal interactive voice response (IVR) system, for example, you would need to determine if that IVR system was procured after June 25, 2001. If it was procured before June 25, 2001, then you might request a reasonable accommodation under Sections 501 or 504 of the Rehabilitation Act, but that IVR system would not be covered under 508.
Section 508 addresses accessibility, not accommodation. The focus is on the specifications of the technology, not the needs of individuals. If a Federal agency, for example, were to purchase a new phone system, 508 would require all of the new phones to be hearing aid compatible. It would not require the agency to understand inductive listening or to survey how many hard of hearing people are in the agency.
Federal agencies may procure E&IT that is non-conforming with the 508 Standard, by claiming an exception. Such exceptions are listed in Subpart A of the Standard and may include lack of commercial availability and concern that conformance will fundamentally alter a product. If an agency claims an undue burden, it must still find a way to provide access to the E&IT using alternate means.
For more information on Section 508:
The Access Board
800-872-2253 (voice) or 800-993-2822 (TTY)
www.access-baord.gov/508.htm
General Services Administration (GSA) 508 web site, including the "Buy Accessible" searchable database
www.section508.gov
ADA & IT Information Center
800-949-4232 (voice or TTY)
www.adainfo.org
| TO CONTACT THE ADA COALITIONS: | |
| DC | 202-234-7550 ext. 5 V |
| 202-234-7590 TTY | |
| rights@erols.com | |
| DE | 302-292-3066 V/TTY |
| lheller@magpage.com | |
| MD | 410-960-6263 V/Relay |
| mkfrancis@adelphia.net | |
| PA | 814-863-0471 V/TTY |
| wwr1@psu.edu | |
| VA | 757-461-8007 Voice |
| 757-461-7527 TTY | |
| kmaxwell@endependence.org | |
| WV | 304-296-6091 V/TTY |
| wvadacoalition@aol.com | |
| TO CONTACT THE ASSISTIVE TECHNOLOGY PROJECTS | |
| DC | 202-547-0198 V |
| 202-547-2657 TTY | |
| WEB | www.atpdc.org |
| DE | 800-870-3284 V/TTY |
| WEB | www.asel.udel.edu/dati |
| MD | 800-832-4827 V/TTY |
| WEB | www.mdtap.org |
| PA | 800-204-7428 V |
| 800-750-7428 TTY | |
| WEB | www.temple.edu/inst_disabilities/piat |
| VA | 800-552-5019 V/TTY |
| WEB | www.vats.org |
| WV | 800-841-8436 V/TTY |
| WEB | www.uacdd.wvu.edu/wvats |
DECISIONS IN FOCUS NEW ADA RULINGS: Filings and Decisions
Pennsylvania Court Rules on Retaliation and State Immunity
A Federal court in Pennsylvania ruled that the state is not immune from a claim of retaliation that was brought by a state employee. The case of Roberts v. Pennsylvania Department of Public Welfare illustrates the limited scope of the much-publicized Supreme Court ruling in the Board of Trustees of the University of Alabama v. Garrett case. In the Garrett decision, the Court held that claims based on title I of the ADA can not seek monetary damages from state employers; states are immune from such claims.
The plaintiff in this case, Mr. Roberts, claimed that he was discriminated against at work after he filed a complaint with the Equal Employment Opportunity Commission (EEOC). He initially brought a claim under title I, which was dismissed following the Garrett ruling. However, his attorney amended to include a claim based on title V, which prohibits retaliation against people who engage in protected activities, such as filing complaints.
The arguments in the Garrett case centered around whether Congress, by applying certain provisions of the ADA to states, exceeded its authority under section 5 of the 14th Amendment. Section 5 only allows Congress to subject states to "proportional" legislation in order to ensure that states do not violate citizens' Constitutional rights. The Court ruled that Congress had gone too far, and had virtually sought to re-define what Constitutional rights are.
The Pennsylvania court ruled that the reasoning applied in the Garrett case did not apply to Mr. Roberts' claim, as the prohibition against retaliation is based more directly on a Constitutional guarantee, namely the First Amendment right to petition the government for a redress of grievances.
Back to Basics
Two recent court decisions in our region dealt with the common question of determining whether an impairment is a disability under the ADA. Qualls v. Giant Foods (District of Maryland) and Pollard v. High's of Baltimore (4th Circuit) both turned on the temporary nature of the plaintiff's impairments. Both had experienced back injuries; one individual had recovered in approximately nine months and the other in approximately seven months. Both courts ruled that the durations of these impairments were not of sufficient length for them to be considered disabilities as defined by the ADA.
MDLC Files Complaint with FTA
The Maryland Disability Law Center has filed a complaint with the Federal Transit Administration, alleging that the Maryland Transit Administration fails to provide adequate paratransit services as required by the ADA.
MDLC claims that eligible individuals with disabilities who rely on the Mobility Transit Program have numerous difficulties, including late rides, failed pick-ups, and problems making reservations. It is expected that the FTA will initiate a compliance assessment and attempt to resolve the complaint.
Deaf Man Mistakenly Jailed for Two Years Seeks $440 Million in Damages
Joseph Heard was arrested in the fall of 1998, charged with illegal entry at George Washington University in the District of Columbia. Mr. Heard is Deaf and does not speak.
Nearly a year of psychiatric evaluations and court proceedings followed his arrest; he was diagnosed with paranoid schizophrenia and found unable to stand trial. The court ordered him released, but due to a series of errors and lack of follow-up, he was held for almost another two years. He spent most of that time in a solitary cell in the mental health ward of the jail, allegedly provided with no interpreter services or opportunities to use a TTY.
Mr. Heard's legal team includes attorneys from the National Association of the Deaf Law Center. Claims are brought under the ADA, the Rehabilitation Act, the D.C. Human Rights Act, and the U.S. Constitution; $440 million in compensatory and punitive damages are sought.
WHAT'S NEW PUBLICATIONS AND RESOURCES
Accessible Temporary Events
The Center for Universal Design at North Carolina State University has produced "Accessible Temporary Events: A Planning Guide". This helpful document includes infor-mation on how to plan, promote, and provide accessible, integrated temporary events such as fairs, festivals, exhibits, concerts, races, tournaments, shows, and rallies.
The guide addresses many typical physical and communication access issues, such as temporary parking locations, portable toilets, signage, and sound amplification systems. Suggestions are offered for successful planning, advertising, and coordination of available community resources.
These guides are available from the ADA & IT Information Center for a nominal charge. To request a copy, please call 800-949-4232 (Voice or TTY).
Web-Course on Customer Service
The Southeast Disability and Business Technical Assistance Center has developed "At Your Service: Welcoming Customers with Disabilities to Your One-Stop Center". This free, fully accessible, on-line course offers information on how to effectively serve customers with a variety of disabilities, and includes tests and case studies. For more information, visit the "Training and Resources" page at www.adainfo.org
DOJ Implements ADA "Business Connection" Page
The Department of Justice has created a new section on its web site to link businesses and consumers to publications of interest. The document collection includes information on tax incentives, design standards and barrier removal, policy and service issues, and effective communication.
Several of the documents are available in handsome, "down-loadable" PDF formats, as well as HTML versions. A new "Business Brief" is available that offers insight on service animal issues.
You can speak to an ADA Specialist at DOJ by calling toll free, 800-514-0301 (voice), 800-514-0383 (TTY). You can also obtain print copies of the publications, or speak to a technical assistance specialist, at the ADA & IT Information Center by calling toll free, 800-949-4232 (V/TTY).
Mentoring Day 2002
The American Association of People with Disabilities (AAPD) and the U.S. Department of Labor's Office of Disability Employment Policy (ODEP) present "National Disability Mentoring Day 2002: Career Development for the 21st Century", which will be held on October 16th.
This effort promotes the employment of students and job-seekers with disabilities through job shadowing and personal mentoring with volunteers at public and private places of employment.
To find out how you can get involved, contact Jonathan Young at AAPD at 800-840-8844 or 202-457-0046 (V/TTY), or visit the AAPD web site at www.aapd-dc.org/mentor.html
ADA & IT Information Center Welcomes New Staff Member
The ADA & IT Information Center is pleased to welcome Thomas Lee McKeithan II to our staff. He will provide technical assistance on the ADA and accessible electronic and information technology.
Mr. McKeithan holds a BA from American University and is pursuing a Masters of Public Administration/Human Resources Management from Keller Graduate School of Management.
Prior to joining the ADA & IT Information Center, Mr. McKeithan served as an independent contractor for the National Council on Disability. He also served as an Adaptive Technology consultant to the Bender Library at American University, and was a Disability Program Associate at Mentors, Inc., an organization that works with high school students.
ON THE INTERNET WEB SITES OF INTEREST: Employment
www.worksupport.com This comprehensive site includes information, resources, and research about work and disability issues. It is sponsored by the Rehabilitation Research and Training Center on Workplace Supports at Virginia Commonwealth University.
www.usworkforce.org This extensive site, sponsored by the Employment Training Administration of the U.S. Department of Labor, represents a collaboration between public and private sector groups and individuals. The site includes information about implementation of the Workforce Investment Act.
www.apse.org The site of the national Association of Persons in Supported Employment (APSE) includes information about supported employment issues such as legislation, best practices, program management, and consumer empowerment.
If you would like to receive in Focus via e-mail rather than in print, or to receive the ADA & IT Information Center's bi-monthly e-mail bulletin for updates on recent court decisions, notices of training activities, and other news, contact the Center at 1-800-949-4232 (V/TTY). We'll be happy to add you to our electronic mailing list!
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.
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