What's New
Register for Our December 11, 2008, ADA Basics Training
or March 12, 2009, ADA Train the Trainer .
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December 3, 2008 Bulletin
We post our bi-weekly bulletin here on the "What's New" page, to keep you up to date on disability-related resources, news, and other items of interest. This information is being provided solely for non-commercial, nonprofit educational purposes, including news reporting and research. It is not intended for commercial purposes. Further, we understand that our readers generally read the articles and information online, at the Web sites provided in the hypertext links, rather than relying solely on our synopses or copies. We are not responsible for the accessibility or the content of other Web sites. Please be aware that some links provided are time sensitive, and may become inactive at any time.
We include links to articles, editorials and opinion pieces, press releases, and other materials that represent diverse perspectives. Inclusion does not imply endorsement of any products, services, sources, information, or opinions expressed in these materials. Use the DBTACs' customized news feeds to check out disability-related stories that are gathered by an automated agent on an ongoing basis.Visit the Training page for a listing of ADA and disability related trainings, meetings, and conferences.
- Stadium, Golf Course to Improve
Access for Disabled (MD)
- Ex-anchor Sues TV Station, Saying It
Ignored His Back Problems (VA)
- ADA Rule for Lottery Takes Effect in January (WV)
- Mother of a Bullied HIV-Positive Teen
Sues Indianapolis School(IN)
- Paralyzed Man Loses High Court Appeal(CA)
- Family Wins Appeal in Local Boy Scout Lawsuit (CA)
- Girl Scouts Reject Girl with Autism (TX)
- Justice O'Connor Sits on 3rd Circuit
Panel Hearing UPS Challenge
to ADA Class Action (PA)
- David Capozzi Named Executive
Director of the Access Board
- Department of Defense Launches National
Resource Directory for Wounded Warriors,
Families and Caregivers - Ex-anchor Sues TV Station, Saying It
Assistive Technology / Information Technology
Family Medical Leave Act (FMLA)
- DOL Publishes Final Regulations for FMLA,
Which Will Become Effective on January 16, 2009
- Employer Groups and Employee Advocates
respond to FMLA Rule Changes - Employer Groups and Employee Advocates
Research
Check this section for opportunities to submit comments on various topics or proposals, and visit our new
"Research" page to learn more about opportunities to participate in surveys and research studies.
"Nearly New" News
Check this section for previously posted items that still deserve attention!
- FCC: New Ten-Digit Numbering and Emergency
Call Handling Procedures for Internet-Based
Telecommunications Relay Services
- Complaints by Travelers with Disabilities Rise (PDF Report)
- Expanded Regulations to the Air Carrier Access Act
Include Foreign Carriers
- Succeeding in College and at Work:
Students with Disabilities Tell Their Stories
- "You Are Us: What Every Lawyer Needs to Know
about Representing Disabled Clients"
- Legal Rights of Individuals with Hearing Loss
- TEITAC Presents Report on Updated 508 Standards
- Accessible Sidewalk Videos Now Available Online
- New Guide Published on Rights-of-Way Alterations
- Access Board:
Supplementary Information to ADA and ABA Guidelines
- DOJ: ADA Best Practices Tool Kit for State and Local Governments
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General / ADA
Stadium, Golf Course to Improve
Access for Disabled (MD)
This article is from Frederick News-Post. The city of Frederick approved a total of $1.77 million to bring a stadium and a golf clubhouse into compliance with the ADA. "Anytime you're not ADA compliant you could have issues, especially if you're a public facility," Mayor Jeff Holtzinger said. The decision to spend the money when many local governments are scaling back on projects involved some "intense discussions" before it was brought to the board, Holtzinger said. Renovations include making restrooms accessible in both facilities and the inclusion of an elevator in the stadium. The projects are expected to be completed by spring.
Ex-anchor Sues TV Station, Saying It
Ignored His Back Problems (VA)
This article is from the HamptonRoads.com. A former news anchor has sued a local TV station saying it repeatedly rebuffed his and his doctor's requests for time off to take care of chronic back problems before firing him last November. In the suit, filed in U.S. District Court, the man accused the station and its parent company, of violating the Americans with Disabilities Act and Family and Medical Leave Act. The suit indicates that the station ignored "work restrictions from his doctor instructing that he not sit for longer than two hours at a time without at least a 15-minute break."
ADA Rule for Lottery Takes Effect in January (WV)
This article is from the Charleston Gazette. The 1,614 bars, clubs and fraternal organizations around the state that operate limited video lottery machines will have to be in compliance with the Americans with Disabilities Act beginning next year. The Lottery Commission has adopted a rule that goes into effect Jan. 1 that will require all state Lottery retailers - including the four racetracks and all limited video locations - to comply with the ADA.
Mother of a Bullied HIV-Positive Teen
Sues Indianapolis School (IN)
This article is from the Indianapolis Star. School officials did little to stop harassment of a 14-year-old HIV-positive girl, according to a lawsuit filed against the school district. Because of the name-calling, the student withdrew from the school. The federal lawsuit filed against Washington Township Schools states that the middle schooler was found in 2006 to have the virus and confided her status to a friend in March 2007. Soon after, word spread across the school and the bullying began. The lawsuit claims that school officials were informed of the harassment on several occasions but did little to stop it. In September, the student withdrew from the school to be home schooled. The Township Superintendent indicated that the district policies against bullying and harassment are "straightforward".
Paralyzed Man Loses High Court Appeal (CA)
This is an Associated Press article. A paralyzed man who has sued hundreds of businesses over accommodations for the disabled lost his Supreme Court appeal Monday to get out from under a court order requiring special permission to file new lawsuits.
Jarek Molski has been labeled a "vexatious litigant" by federal courts in California because he has filed roughly 400 lawsuits alleging that restaurants and other businesses are in violation of the federal Americans with Disabilities Act. Molski is paralyzed from the chest down and uses a wheelchair. The justices rejected his case without comment.
Family Wins Appeal in Local Boy Scout Lawsuit (CA)
After two years in the courts, the parents of a 14-year-old autistic boy who filed a lawsuit against Pacific Palisades Boy Scout Troop 223 will now have their case heard in federal district court. The parents, Jane Dubovy and Mike Reilly of Pacific Palisades, allege that Troop 223 violated the Americans with Disabilities Act when the troop excluded their child, Casey Reilly, from a weeklong scouting trip, which prevented him from advancing in rank.
Girl Scouts Reject Girl with Autism (TX)
For two years, Magi Klages, despite having autism, thrived in the Girl Scouts -- an organization that pledges to "help people at all times" and to be "honest and fair, considerate and caring." But when Magi's Brownie troop grew too large and her parents moved her to a smaller one for children with special needs, they never imagined their 8-year-old would be kicked out.
Justice O'Connor Sits on 3rd Circuit
Panel Hearing UPS Challenge to ADA Class Action (PA)
Former U.S. Supreme Court Justice Sandra Day O'Connor's first case as a visiting judge on the 3rd U.S. Circuit Court of Appeals presented a cutting-edge question in employment discrimination law: whether workers may pursue a class action to challenge companywide policies allegedly designed to thwart the ADA.
David Capozzi Named Executive
Director of the Access Board
David M. Capozzi was named the Access Board's new Executive Director at a recent meeting of the Board. Members of the Board approved the selection in a unanimous vote. Capozzi, Director of the Board's Office of Technical and Information Services for over 16 years, succeeds Lawrence W. Roffee who retired in August. Capozzi had served as Acting Executive Director in the interim.
The Department of Defense recently launched the National Resource Directory, a collaborative effort between the departments of Defense, Labor and Veterans Affairs. The directory is a Web-based network of care coordinators, providers and support partners with resources for wounded, ill and injured service members, veterans, their families, families of the fallen and those who support them.
Assistive Technology / Information Technology
For Those Without Hands There's Air Guitar Hero
Rehabilitation specialists have taken to Nintendo's Wii game console as a way to help motivate patients during physical therapy and rehabilitation. The latest addition to the Wii-hab phenomenon is perhaps its coolest-Air Guitar Hero. Researchers at Johns Hopkins University have made the popular Guitar Hero game into a tool for amputees who are being fitted with the next generation of artificial arms. With a few electrodes and some very powerful algorithms, amputees can hit all the notes of Pat Benatar's "Hit Me With Your Best Shot" using only the electrical signals from their residual muscles.
Contest for Devices to Help Deaf Feel Music
The search is on for portable, wireless devices that would enable deaf or hard-of-hearing people to experience live music by feeling sound waves. A U-M contest will award a total of $10,000 to teams of students who develop the best prototypes. Contest designers say such devices could enhance the experience of music for the hearing community as well.
Transportation
Access Board Releases Revised Draft of
Updated Guidelines for Buses and Vans
The US Access Board has released a revised draft of updated guidelines for buses and vans as part of a refresh of its guidelines for transportation vehicles covered by the Americans with Disabilities Act. The document is available for public comment until January 20, 2009.
Family Medical Leave Act (FMLA)
DOL Publishes Final Regulations for FMLA,
Which Will Become Effective on January 16, 2009
The Department of Labor has published the revised final regulations under the Family Medical Leave Act, which will become effective on January 16, 2009.
Employer Groups and Employee Advocates
respond to FMLA Rule Changes
Stakeholders on all sides responded swiftly to the release by the Department of Labor of long-anticipated revisions to the agency's Family and Medical Leave Act regulations. Employer organizations offered measured support of the new FMLA rules, while urging further changes are still needed. In contrast, employee groups generally criticized the revisions --but they did react favorably to provisions implementing enhanced rights for military families.
Fair Housing Act (FHA)
Condo Repair Case Settled Without
Residents Paying Price (MD)
This article is from the Capital Newspaper. The Maryland Human Relations Commission's decision to require condo residents to retrofit their condo units to comply with the ADA requirements was overturned once a few lawmakers got involved. After an investigation, commission officials posed an agreement to the residents' homeowners' association that would have forced each of the unit owners to hire their own contractors to move walls, lower doorjamb thresholds, and rewire and expand doorways. Late last month, state officials drafted and signed a new agreement that would not require the residents to get involved in any new construction projects or make them responsible for shelling out more money to satisfy Americans with Disabilities Act requirements. When Del. Robert Costa, R-Deale, learned of the case after reading about it in The Capital he said he did some research of his own and contacted some high-ranking officials in the Governor's Office, Ethics Commission and Attorney General's Office. Then he met with the residents. He said it was the builder's failure to meet the Federal Housing Act standards, not the homeowners' fault.
Upcoming Trainings
ADA Symposium Registration Open!
2009 National ADA Symposium:
Revitalizing the ADA
June 8-10
Hyatt Regency Crown Center
Kansas City, MO
The theme of the 2009 Symposium is Revitalizing the ADA. The passage of the ADA Amendments Act reaffirmed the American commitment to creating an accessible and inclusive society for people with disabilities and their families. In response to the resulting increased attention to ADA implementation, the 2009 National ADA Symposium will be expanded to include advanced industry-specific tracks, round table sessions with presenters, and more!
Research
Mental Health America: Tell Your Story
Mental Health America invites people who experience mental illnesses to share their stories and help reduce the stigma that keeps people from getting care and perpetuates misunderstanding about those affected by mental health disorders.
Visit our new "Research" page to learn more about opportunities to participate in surveys and research studies."Nearly New" News
Beginning on December 31, 2008, persons with hearing and speech disabilities using Video Relay Service (VRS) or Internet Protocol Relay (IP Relay) - two forms of Internet-based Telecommunications Relay Service (TRS) - will be able to obtain ten-digit telephone numbers. This ten-digit number requirement was adopted by the Federal Communications Commission (FCC) in conjunction with 911 call handling requirements for VRS and IP-Relay providers.
TRS calls made through the traditional telephone network will automatically pass along to the called party signals that help identify the caller's location. As a result, relay providers will know the caller's location, and can therefore route the call to the appropriate emergency personnel to respond. This routing is not currently possible with the Internet-based forms of TRS, because calls do not pass along location information. The FCC has now adopted rules to address this situation by requiring VRS and IP Relay providers to obtain location information from relay users obtaining ten-digit telephone numbers. The new rules ensure that VRS and IP Relay users are provided with 911 service that is comparable to the 911 service provided to traditional telephone users.
Complaints by Travelers with Disabilities Rise (PDF Report)
Information released by the U.S. Department of Transportation's Office of Aviation Enforcement and Proceedings showed an increase in both the number of complaints filed and the percentage of disability complaints as compared to all consumer aviation complaints.
Airline passengers brought 36 disability complaints in May 2008, which accounted for 4.6 percent of all complaints. In May 2007, passengers filed 29 disability complaints, which compromised 3.8 percent of all complaints. The report showed that Continental Airlines and Southwest Airlines received the most disability complaints in May 2008 with five complaints filed against each airline. Air Jamaica received the only disability-related complaint against a foreign airline. The total number of passenger complaints increased from 766 in May 2007 to 785 in May 2008.
Expanded Regulations to the Air Carrier Access Act
Include Foreign Carriers
The U.S. Department of Transportation (DOT) issued new regulations under the Air Carrier Access Act which prohibit discrimination by air carriers on the basis of disability. The new rule updates and reorganizes existing regulations which were first issued in 1990 and supplemented and clarified over the years. The regulations cover boarding and aircraft access, including seating, lavatories, mobility aid storage and transport, and provision of onboard wheelchairs, as well as air carrier policies and practices, terminal accessibility, and other topics. Most provisions remain substantively unchanged, but they have been reorganized into a new subject-based framework and format for greater clarity.
Succeeding in College and at Work:
Students with Disabilities Tell Their Stories
The DBTAC: New England ADA Center and No Limits Media released four fresh and informative videos. In these videos, college students with disabilities share strategies they used to succeed at staying in school, graduating, and landing jobs. Students discuss the issues of self-reporting and negotiating accommodations in school and at work. The videos can be viewed online; DVDs are also available.
"You Are Us:
What Every Lawyer Needs to Know
about Representing Disabled Clients"
This article from the Oregon State Bar Bulletin offers information on ADA requirements, as well as ethical practices, for attorneys.
Legal Rights
of Individuals with Hearing Loss
The Better Hearing Institute (BHI) published a guide entitled "Hearing Solutions -- Legal Rights Guide for Individuals with Hearing Loss." The guide, written by an attorney who practices in the area of employment law, discusses the ADA and other relevant laws, such as the Telecommunications Act.
TEITAC Presents Report
on Updated 508 Standards
The Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC) presented its report on updating accessibility criteria for information and communication technologies. The report recommends revisions to the standards for electronic and information technology covered by Section 508 of the Rehabilitation Act and guidelines for telecommunications products under Section 255 of the Telecommunication Act.
Accessible Sidewalk Videos
Now Available Online
A series of videos on sidewalk accessibility previously available on DVD can now be viewed through the U.S. Access Board's website. Accessible Sidewalks is a four-part video developed by the Board to illustrate issues and considerations in the design of sidewalks. The series covers access for pedestrians with mobility impairments, including those who use wheelchairs, and pedestrians who are blind or have low vision. The videos are open captioned and incorporate running descriptive audio.
New Guide Published
on Rights-of-Way Alterations
Accessible Public Rights-of-Way: Planning and Designing for Alterations explains how to maximize accessibility in the course of alterations through careful planning, an understanding of current regulations and access criteria, and strategies for negotiating constraints.
The guide, posted in its entirety at the Access Board's web site, was published by the Institute of Transportation Engineers, with support from the U.S. Access Board.
Access Board:
Supplementary Information
to ADA and ABA Guidelines
The U.S. Access Board added supplementary information on its Americans with Disabilities Act (ADA) and Architectural Barriers Act (ABA) guidelines. This information, which does not affect the substance of the guidelines, provides information on the adoption of enforceable standards, including effective dates, for new ADA standards adopted by the U.S. Department of Transportation and updated ABA standards implemented by the General Services Administration and the U.S. Postal Service.
DOJ: ADA Best Practices Tool Kit
for State and Local Governments
The U.S. Department of Justice issued a new technical assistance document designed to assist state and local officials to improve compliance with the ADA.
The Tool Kit is designed to teach state and local government officials how to identify and fix problems that prevent people with disabilities from gaining equal access to state and local government programs, services, and activities.Training | Publications | Links | Accessible IT | Youth with Disabilities | Research | Join Our Mailing List
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