Monday, September 28th, 2009...8:23 am
Title III of the ADA
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Access to Goods and Services
Provide more training on ADA guidelines and updates when they change. Providing more publicity on guidelines and changes may clear up misinterpretations. There needs to be a greater understanding among business owners that the ADA does not have a “grandfather clause”.
Provide more technical assistance–particularly for rural areas.
The federal govt. (DOJ) should reach out to local building inspectors so that building inspectors will remind businesses applying for permits or certifications of occupancy that ADA compliance is necessary in addition to the local (city/town) building requirements.
Business owners are being confused and unfairly left open to compliance complaints without this “reminding” on the local level.
Provide greater incentives to business for access such as increased tax incentives.
Increase the understanding of auxiliary aids and services.
Develop a formal training program for those who conduct inspections and business owners.
Resolution to Problems
Immediate adaptation for the ADA/ABA into regulations — this will make it much easier for designers and architects.
Increased enforcement and better coordination between the Dept. of Justice and local code enforcement.
More local enforcement with the possible use of fines for businesses that are not compliant. Withhold Certificate of Occupancy to businesses if not in ADA compliance.
Utilize mediation for informal resolutions instead of litigation or no response from the Department of Justice.
Provide formal interpretations for gray areas of the law.
Passage and immediate implementation of the new DOJ regulations for Title III of the ADA.
Require ADA compliance as part of criteria at the local level to get a business license.
Provide information on which agencies are involved in enforcement and what areas they enforce.
22 Comments
July 25th, 2011 at 3:47 pm
Народная примета: если программист в рабочее время играет, значит, либо
у него мало работы и большая зарплата, либо много работы и маленькая
зарплата.
способы разработки программ
April 27th, 2011 at 2:28 pm
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October 17th, 2009 at 11:39 am
If memory serves me correctly, St. Louis, MO has an excellent ADA enforcement department within their city department. The last time I was in St. Louis, I found it quite accessible and there appeared to be a good rapport between Title II and Title III entities.
However, I do agree that a set of national standards must be set and adhered to for a consistent interpretation on a nationwide basis. This would be a start in clearing up the backlog of DOJ complaints. All to often, the time lag in DOJ settlements creates a feeling of ill will within the community between businesses and individuals with physical disabilities and/or sensory impairments.
October 21st, 2009 at 2:49 pm
From the moderator: Interesting point regarding the time lag in DOJ settlements and the resulting difficulties that would certainly affect the ADA Coordinator’s ability to be effective.
October 17th, 2009 at 11:14 am
·Stronger enforcement of the ADA – recommend creation of a local entity responsible for enforcing the ADA? Potentially at the municipal or county level?
·Initiatives regarding awareness of and education on the ADA for both businesses who need to come into compliance and grassroots advocates working at the local level to enforce the ADA. Current regulations lead to inconsisent intepretation and standards throughout the nation and from place to place.
·
Much more detailed regulations around color coding and use of color to indicate accessible architecture and features for those with visual disabilities and enforcement of these regulations at all levels
·Education and enforcement regarding access isles and “slashed” parking spaces (access aisles), as necessary for accessible parking.
Clear indication of whose responsibility it is to enforce parking violations on private business parking lots – local police, business owner, etc.
·ADA compliance standards/solutions for “path of travel” from parking lots and bus stops into businesses that require moving through traffic routes
October 2nd, 2009 at 2:48 pm
From Barb McKeever
10-2-09 My Proposal
A fine system needs to be developed to motivate owners of existing facilities to improve accessibility. I’ve tried to get people to improve accessibility by “enticing him/her” with tax-benefits but that hasn’t resulted in anything.
There are many establishments I go to only if I absolutely have to because the restroom isn’t truly accessible. Avoiding establishments (businesses) for this reason is no way to live my life!
Barb McKeever, Certified Accessibility Inspector
barbmckeever@cableone.net
October 1st, 2009 at 1:28 pm
Find foundations/etc. that would help create positions for those with disabilities that will solve problems/situations regarding services/actions in connection to the ADA. This can be done for businesses/industries to illustrate how serving/marketing/employing people with disabilities can be a win-win for everyone that helps the bottom line.
October 1st, 2009 at 9:30 am
Provide formal interpretations for gray areas of the law, and publish them in a manner similar to how code intepretations are published by the Internartional Code Council.
Publish court case findings concerning accessibility lawsuits.
September 29th, 2009 at 4:35 pm
Revoking a Certificate of Occupancy is not legal and would be a stupid decision. With this economy, can we afford to close businesses?
If the president is willing to offer bail-outs and incentives for the auto and home appliance industries, why not for businesses? The grant would have stipulations, an application, and a follow-up inspection based on a specific time line. Municipalities and other government agencies will need to work with business owners to make this happen. I am at a loss for the business owners that will take the money and run. Perhaps it is on a rebate process with receipts, etc.
The Access Board does a great job, but it is not official and the DOJ is difficult to get in touch with. If we want to truly create a system that will benefit all Americans, then we need have a responsible, yet firm department that will accommodate the American businesses, not create even more burden on the courts.
October 2nd, 2009 at 2:42 pm
From the moderator: Please keep in mind that this is brainstorming comment board and all topic ideas are welcome. While discussion and debate are highly encouraged, please refrain from derogatory comments of others ideas.
September 29th, 2009 at 11:45 am
Lets get a discussion going.
I would like to know everyone thoughts on how we could convince Title III groups or large corporate entities to use the Title II model of self evaluation and transition plans to remove barriers to individuals with disabilities thoughout their company or membership companies.
Is this even a valid and workable idea?
What would be some of the challenges?
I want to keep this discussion mainly to Title III issues and not focus on employment for now. That will be discussed in later sessions a few weeks from now. Feel free to also keep commenting on the recommendations above also or even use them in discussing this topic.
October 1st, 2009 at 4:50 pm
I have discovered that entities under Title III of the ADA in my geographical area come into compliance much more readily if they are led to believe it is their inital concept to make concessions toward accessibility. The large chain entities have presented few problems. The crux of the problem arises when TitleII and Title III overlap. Such is the instance in the realm of mass transit. The mass transit system is under the auspices of Title II and the Title III entity allows mass transit access on their property. The mass transit vehicle is accessible, however disembarking from the vehicle is hazardous because of lack of alighting and disembarking areas. There remains an argument between the entities under each Title who is responsible for constructing these areas. Small Title III entities present a lesser problem. Most are located at curb level and do make accomodations as per the ADA under the “undue hardship” clause. The vast majority of small businesses make necessary alterations for accessibility as they expand. To be honesest, we have more accessibility issues with Title II entities.
October 6th, 2009 at 5:40 pm
My city (Des Moines) currently has a 15 member citizen access advisory board (AAB). The regional ADA office has provided excellent training for this board and many professionals within our area (architects, engineers, planners, and others). We have not focused at all on the corporate arena. I think this board and city staff (I am a current city employee and assistant ADA coordinator) could initiate a learning program on self evaluation and transition plans and invite corporate representatives to local training sessions.
October 6th, 2009 at 6:53 pm
I am the chairperson for the Citizens Advisory Commission and Sensory Impairment. All of our meetings are open to the public and there is time allotted for public input. Our meetings dates are published or broadcast via public media as per state law. Public input is negligible, although if a radical change that affects any Title III entity the Commission is usually ostrasized for such action. We have developed a Disability Awareness Week program in which, any citizen may take part in. This involves not only mobility impairment, but also sensory impairments. The individual who chooses to paticipate must sign a liability waiver, absolving the city or the Commission of any possible lawsuits. This program has worked well in past years and we are revitalizing it. Individuals learn by doing and if they “live” with a disability for a half of a day, then they realize how salient the accessibilty issues are in all phases of life. This is especially true if one is able to have a higher management individual volunteer. This often is a great step in gaining accessibility under Title I, Title II, and Title III of the ADA.
September 28th, 2009 at 2:38 pm
Requirement for movie cinemas and other entertainment venues to have captioning . According to the Hearing Loss Assoication , there are 30 million people with hearing loss . There number of people who wear cochlear implants are increasing and will rely on captioning to enjoy public venues. The #1 disability for returning veterans is hearing loss and many of them will be relying on captioning .