Information and Guidance on the Americans with Disabilities Act 
Fall 2002 Volume 7, Number 1

This Issue Highlights Information regarding Accessible Design.

What's Inside?

Feature Stories

• Why Universal Design Now?
• US Access Board Releases Draft Guidelines on Accessible Public Rights-of-way

Access Board News
DOJ Update
Employment Update
News From the Center
Regional News
Frequently Asked Questions
Great Web Sites
Publications

FEATURE STORIES

Why Universal Design Now?

This issue of Access New England focuses on design. It's an opportunity not only to bring you the latest news on design guidelines in the context of the ADA, but also to consider universal design as an historical and international movement and in relation to the ADA. Adaptive Environments, the educational non-profit that is home to the New England ADA & Accessible IT Center, is an international hub of activity and resources on universal design. Our mission starts with two convictions. The first is that design is powerful. Design shapes our experience of the world and even our sense of self. The second conviction is that diversity of age and ability is not special, but the most ordinary fact of being human. Universal design is a framework for design problem solving that presumes diversity. It promotes good design that works seamlessly for the widest possible spectrum of users.

Why universal design now? We live longer and survive more than at any other point in human history. It is time for design to reflect those facts. The last century produced a dramatic increase in life expectancy. A 2001 report shows the following examples: life expectancy in Japan, 80.7 years; in Hong Kong, 79.5; in the United Kingdom, 77.7; in the United States, 77.1; and in Taiwan, 76.4. Even Mainland China has achieved an average of 71.4 years. In 1900, comparable averages were all less than 50 years and many substantially less. Throughout most of history only one in ten people lived past 65. Now 80% do.

The way we define and understand disability has also changed. Disability was once assumed as a way to characterize a particular set of largely stable limitations. Now the World Health Organization has moved toward a new international classification system that emphasizes functional status. The new system is not just about people with traditionally acknowledged disabilities but about all people. It assumes there is a continuum of degrees of ability and acknowledges that many disabilities are not apparent but based on chronic health conditions - like arthritis, heart disease, back problems -- that impact function. It also recognizes ability as a contextual variable, dynamic over time and in relation to circumstances.

The evolution toward universal design began in the 1950s with a new attention to disability. In Europe, Japan, and the United States, barrier-free design developed to remove obstacles in the built environment for people with physical disabilities. It followed the companion social policy of moving people with disabilities from institutional settings to the community. Barrier-free design still tended to be segregated and special, pertinent to people with serious physical limitations, primarily mobility impairments.

By the 1970s, Europe and the US had enough experience with community integration of people with disabilities that they moved beyond special solutions and toward the idea of normalization and integration. Increasingly, the term of choice was accessible design. The disability rights movement flowered on the heels of other civil rights movements. It argued for equality of opportunity and against paternalism and caretaking. For the first time, design was a topic for civil rights. The legal standards used the term accessible design. The laws specified the responsibilities of designers, owners, and public agencies. Almost exclusively, those accessible design requirements focused only on the needs of people with mobility problems and limitations of sight and hearing.

For the first time in the 1970s, an American architect, Michael Bednar, introduced the idea that everyone's functional capacity is enhanced when environmental barriers are removed and suggested that we move toward a concept of design that would be "more universal." The notion was born that if it works well for people with disabilities it works better for everyone.

A number of trends converged in the 1980s. People with disabilities were sufficiently organized in many nations to be appropriately termed the ‘Disability community.’ They were able to articulate shared perspectives and to organize for action. Advocacy strategies tended to reflect social and cultural patterns. Securing legal protections was a priority in the US and the UK. Promoting change through education and social policy was realistic in Scandinavia. The Japanese were beginning to see a market opportunity in design that would support independence in the face of an aging society.

The design world was also moving toward a vision of social responsibility in design. In 1987, a group of Irish designers succeeded in getting a resolution passed at the World Design Congress that designers everywhere should factor disability and aging into their work.

Thinking about design that is responsive to human diversity was already underway by the time of the development and passage of the ADA in 1990. But years of frustration with erratic compliance and poor oversight with existing legal mandates for accessibility argued for making this landmark civil rights legislation a vehicle for comprehensive standardization. It would be a floor, a reliable base that would protect equality of opportunity. The minimum standards of the ADA, with or without attention to ‘equivalent facilitation,’ would at least assure people with mobility and sensory disabilities had some predictability nationally in the built environment. As civil rights legislation, the ADA Standards for Accessible Design established rules to facilitate equal access. They did not and could not be catalysts for a sea change in which good design incorporates human-centered choices.

US architect Ron Mace, who had polio as a child and used a wheelchair and a ventilator, started using the term universal design and figuring out how to define it in relation to accessible design. He made the case that universal design is not a new science, a style, or unique in any way. It requires only an awareness of need and market and a commonsense approach to making everything we design and produce usable by everyone to the greatest extent possible. Ron, who died suddenly in 1998, recognized that the term universal was not ideal. It could be interpreted to promise an impossible standard. No matter how committed the designer, there would always be a small number of people for whom an individual design just wouldn't work. More accurately, universal design is an orientation to design in which designers strive to incorporate features that make each design more universally usable.

Ron Mace led a group of designers and advocates in the mid-90s to create a set of seven principles of universal design. For this new idea to flourish, it needed basic principles that could establish practical clarity and help to support efficient dissemination (www.adaptiveenvironments.org/universal/index.php). The principles are valuable conceptual tools across the design disciplines. In the built environment, the development of user-centered performance measures make universal design a meaningful and achievable goal.

Are we making progress? Absolutely. The Principles of Universal Design have achieved remarkable acceptance internationally. More books, more courses, more thesis projects appear every year. Some talented designers are creating examples of great places that welcome everyone.

* a tag line of the HEWI Corporation

Sincerely,
Valerie Fletcher
Executive Director
Adaptive Environments
Principal Investigator, New England ADA & Accessible IT Center

Principles of Universal Design

1) Equitable Use: The design does not disadvantage or stigmatize any group of users.

2) Flexibility in Use: The design accommodates a wide range of individual preferences and abilities.

3) Simple, Intuitive Use: Use of the design is easy to understand, regardless of the user's experience, knowledge, language skills, or current concentration level.

4) Perceptible Information: The design communicates necessary information effectively to the user, regardless of ambient conditions or the user's sensory abilities.

5) Tolerance for Error: The design minimizes hazards and the adverse consequences of accidental or unintended actions.

6) Low Physical Effort: The design can be used efficiently and comfortably, and with a minimum of fatigue.

7) Size and Space for Approach & Use: Appropriate size and space is provided for approach, reach, manipulation, and use, regardless of the user's body size, posture, or mobility.

US Access Board Releases Draft Guidelines on Accessible Public Rights-of-Way

On June 17, the Access Board released draft guidelines on accessible public rights-of-way. The guidelines cover pedestrian access to sidewalks and streets, including crosswalks, curb ramps, street furnishings, pedestrian signals, parking, and other components of public rights-of-way. The Board's aim in developing these guidelines is to ensure that access for persons with disabilities is provided wherever a pedestrian way is newly built or altered, and that the same degree of convenience, connection, and safety afforded the public generally is available to pedestrians with disabilities. These guidelines are being developed under the ADA, which covers access to a wide range of facilities in the public and private sectors, and the Architectural Barriers Act (ABA), which requires access to federally funded facilities. Local jurisdictions, and other entities covered by these laws must ensure that the facilities they build or alter are accessible to people with disabilities.

The new provisions would supplement the Board's ADA and ABA accessibility guidelines by adding a new chapter specific to public rights-of-ways. Currently, these documents, like the industry standards from which they derive, focus primarily on facilities on sites. While they include certain features common to public sidewalks, such as curb ramps, accessible routes, ground and floor surfaces, and bus stops and shelters, further guidance is necessary to address conditions unique to public rights-of-way. Various constraints posed by space limitations at sidewalks, roadway design practices, slope, and terrain raise valid questions on how and to what extent access can be achieved. Access for blind pedestrians at street crossings and wheelchair access to on-street parking are typical of the issues for which additional guidance is needed. In addition, new trends in roadway design, such as the growing use of traffic roundabouts, pose additional challenges to access, while various technological innovations, particularly those pertaining to pedestrian signaling devices, offer new solutions. The new guidelines address these and other issues by providing criteria for public rights-of-way that are definitive and enforceable so that local jurisdictions and others can understand their obligations when constructing or altering streets and sidewalks.

The draft guidelines are based on recommendations from an advisory committee chartered by the Board. The Public Rights-of-Way Access Advisory Committee was composed of 33 members representing disability organizations, public works departments, transportation and traffic engineering groups, design professionals and civil engineers, government agencies, and standards-setting bodies. The committee's recommendations are contained in a report, "Building a True Community," which was submitted to the Board in January 2001. The committee coordinated its efforts with leading trade organizations represented on the committee, such as the American Association of State Highway and Transportation Officials, and federal agencies, such as the Federal Highway Administration, to ensure that its recommendations were consistent with generally accepted practice among design professionals.

The draft guidelines are posted on the Board's website at www.access-board.gov/news/prowrelease.htm. Copies of this information in print or alternate formats can be ordered by contacting the Board at (800) 872-2253 (v) or (800) 993-2822 (TTY) or by e-mail at pubs@access-board.gov

Guidance material on accessible public rights-of-way available from the Board:

• Building a True Community (Committee Report)
  166 pages, Jan. 2001
  www.access-board.gov/prowac/commrept/index.htm
• Accessible Rights-of-Way Design Guide
  148 pages, Nov. 1999
  www.access-board.gov/publications/PROW%20Guide/PROWGuide.htm
• Detectable Warnings: Synthesis of US and International Practice
  150 pages, May 2000
  www.access-board.gov/publications/dw%20synthesis/report.htm
• Accessible Pedestrian Signals
  40 pages, Aug. 1998
  www.access-board.gov/research&training/pedsignals/pedestrian.htm
• Pedestrian Access to Modern Roundabouts
  11 pages, Aug.2001
  www.access-board.gov/publications/roundabouts/bulletin.htm
• Accessible Sidewalks: Design Issues for Persons with Disabilities (video)
  40 minutes, 1997
  (Source: Access Currents, Volume 8, No.3 May/June 2002)
  

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ACCESS BOARD NEWS

Access Board works on ANSI Harmonization and Construction Tolerances

The Board has finalized an updated set of guidelines for facilities covered by the ADA and guidelines for federally funded facilities covered by the Architectural Barriers Act (ABA). The revised ADA and ABA accessibility guidelines will feature a new format and numbering system and a host of updated scoping and technical provisions. As issued by the Board, these guidelines are not mandatory until the Department of Justice adopts them as part of the standards used to enforce the ADA.

A key goal of this revision is to make the guidelines more consistent with model building codes and industry standards, particularly those issued by the American National Standards Institute (ANSI) A117 Committee. This ANSI Committee has maintained voluntary consensus standards for accessible buildings and facilities for over 40 years. The A117.1 standards are referenced by the International Building Code and various state codes. While the Board's guidelines derive from earlier versions of the ANSI standard, differences between the documents remain. The ANSI Committee is in the process of updating the A117.1 standard and is working to harmonize the new edition with the Board's guidelines. For further information, contact the International Codes Council (ICC), which serves as the secretariat of the ANSI A117 Committee, at (703) 931-4533 or staff@intlcode.org, or visit the ICC's website at http://www.iccsafe.org/index.html

Additionally, the Board has sponsored a project with the Construction Specifications Institute (CSI) to develop guidance on construction tolerances for use with the ADA Accessibility Guidelines (ADAAG). CSI is a technical society whose core purpose is to improve the process of creating and sustaining the built environment. A technical bulletin developed under the project discusses exterior walk and ramp surfaces and how they are affected by ADAAG specifications with respect to construction tolerances.

Recommendations and measurement protocols are provided for surface flatness, slope, vibration, and rollability. ADAAG recognizes conventional building industry tolerances for field conditions, but does not specifically define accepted tolerances. The bulletin provides guidance for design professionals, contractors, and code officials in determining acceptable tolerances. A draft of the bulletin is available on the contractor's website at:
http://www.infraknowledge.org/News/Auth/DisplayItem_ctrl.asp?ForumID=4&MessageID=6940.
(Source: Access Currents, Volume 8, No. 3 May/June 2002.)

Progress Toward a Standard on Classroom Acoustics

For the past several years, the Access Board has worked with the private sector in the development of classroom acoustic standards as an alternative to rulemaking of its own. In 1999, the Board partnered with the Acoustical Society of America (ASA) on the development of a new standard for acoustics in classrooms that takes into account children who are hard of hearing. ASA had previously established a working group for this purpose. The Board helped sponsor the work of this group and expanded its membership through the addition of representatives from disability groups, school systems, designers, and government agencies. At the Board's urging, ASA committed to a two-year time frame for the completion of standards. The standard, completed in 2002, has been approved as ANSI/ASA S12.60-2002, Acoustical Performance Criteria, Design Requirements and Guidelines for Schools. It sets specific criteria for maximum background noise and reverberation. These and other specifications are consistent with long-standing recommendations for good practice in acoustical design.

Acoustical performance is an important consideration in the design of classrooms. Research indicates that high levels of background noise, much of it from heating and cooling systems, adversely affect learning environments, particularly for young children, who require optimal conditions for hearing and comprehension. Poor acoustics are a particular barrier to children with a hearing loss. At risk are children with mild to moderate hearing loss, as well as those who have cochlear implants or who use hearing aids and assistive listening devices, since these assistive technologies amplify both wanted and unwanted sound, including reverberation and background noise. Children with temporary hearing loss, who may comprise up to 15% of the school age population according to the Center for Disease control, are also significantly affected, as are children with speech impairments or learning disabilities.

Taken by itself, the standard is voluntary unless referenced by a code, ordinance, or regulation. However, school systems may require compliance with the standard as part of their construction documents for new schools, thus making the design team responsible for addressing the issues. Parents may also find the standard useful as a guide to classroom accommodations under the Individuals with Disabilities Education Act (IDEA). For more information, contact Lois Thibault, the Board's Coordinator of Research; (202) 272-0023 (v), (202) 272-0082 (TTY). A copy of the Classroom Acoustics factsheet is available on the Board’s website at:
http://www.access-board.gov/publications/acousticfactsheet.htm.

A new video is also available on innovative designs and technologies for improving classroom acoustics. The video derives from a longer program on school design developed by the Information Television Network with sponsorship from the Board and other organizations. Copies of the video, Classroom Acoustics: Listening vs. Learning are available for from the Educational Audiology Association by phone: (800) 460-7322, or e-mail: eaa@L-Tgraye.com. The cost is $10 plus shipping.

Board Issues New Accessibility Guidelines for Recreation Facilities

On September 3, the Access Board published new guidelines that address access for persons with disabilities to a variety of recreation facilities. The guidelines specify the minimum level of accessibility required in the construction or alteration of amusement rides, boating facilities, fishing piers and platforms, golf courses, miniature golf courses, sports facilities, swimming and wading pools, and spas. The Board issued these guidelines under the ADA, which ensures access to a wide range of facilities in the private and public sectors. The Board is also making these guidelines applicable to facilities covered by the Architectural Barriers Act (ABA), which requires certain federally funded facilities to be accessible.

The published guidelines supplement the Board's ADA Accessibility Guidelines (ADAAG) by adding a new chapter specific to recreation facilities. ADAAG, as originally published, covered many types of buildings and facilities but did not specifically address recreation facilities in particular detail. The Board had determined that specific guidance was needed on how to achieve access at recreation facilities. The published guidelines provide new requirements for such facilities and also clarify how existing requirements in ADAAG are to be applied. New provisions take into consideration certain design features unique to the facilities covered.

As issued by the Board, the final guidelines are not mandatory. Instead, they set the minimum baseline for enforceable standards maintained by the Department of Justice (DOJ) under the ADA and other agencies under the ABA. In the interim, the public may use the new guidelines as a resource in addressing access to the types of facilities covered until they are made part of the standards used to enforce the ADA and ABA. For further information or a copy of the guidelines, visit the Board's website at http://www.access-board.gov/news/recrule.htm. Copies also can be ordered by calling the Board's publication line at (800) 872-2253 (v) or (800) 993-2822 (TTY) and requesting publication S-43.

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DOJ UPDATE

Recent court decisions, consent decrees, and settlements involving the Department of Justice (DOJ) under the ADA and the Fair Housing Act.

Accessible Bathroom Door Requirement in Newly Constructed Hotels Is Mandatory -- The US Court of Appeals for the Ninth Circuit held in Long v. Coast Resorts, Inc., that a large, newly constructed Las Vegas hotel and casino must redo bathroom doors in over 800 guest rooms in order to comply with the ADA's 32-inch width requirement. Of the 839 hotel guest rooms, 819 included bathroom doors that were only 28 inches wide. The Ninth Circuit agreed with DOJ 's amicus brief which argued that the inaccessible doorways would seriously impede access by persons with disabilities and that the ADA does not allow courts to ignore new construction violations. The Court also agreed with the Department that each of four slot change kiosks in the casino must comply with the ADA.

US v. Burger King Company, Inc. -- The US Attorney’s Office for the District of New Hampshire filed a consent decree in US District Court resolving its lawsuit against the Burger King Company, Inc., alleging that Burger King failed to remove architectural barriers to access. The decree orders Burger King to remove barriers at 17 of its 21 company-owned restaurants in NH by adding accessible parking spaces and appropriate signage, providing accessible routes to and from the parking lot and throughout the restaurants, and making restrooms accessible to individuals with mobility impairments. Burger King also agreed to pay $50,000 in civil penalties to the United States and $5,000 to the complainant.

Dillard University, New Orleans, LA -- The US Attorney's Office for the Eastern District of Louisiana reached an agreement with Dillard University resolving a complaint by a wheelchair user alleging that Stern Hall, which houses a campus auditorium, was not accessible to persons with disabilities. During the course of the investigation, the US Attorney? Office learned that Dillard was in the process of substantial renovations at its campus and that renovations since January 26, 1992, had not complied with the ADA Standards for Accessible Design. Dillard agreed to remove barriers to access at Stern Hall by adding ramps, modifying doorways, and adding accessible seating in the auditorium. In addition, Dillard will bring its renovations into compliance with the ADA Standards. The university also agreed to appoint an ADA coordinator and to pay a $3,000 civil penalty.

Foxcroft Apartments, Naperville, IL -- A Chicago area developer agreed to settle a fair housing lawsuit brought by DOJ by paying $43,000 in damages and penalties and by spending an estimated $380,000 to retrofit a 118 unit apartment complex in Naperville. The lawsuit, filed in federal court in Chicago, alleged that Foxcroft Partnership, Wilfred Barry, D'Abar Builders, Inc. and Foxcroft Management & Construction, Inc. violated the Fair Housing Act by failing to design and construct the Foxcroft Apartments so as to be accessible to persons with disabilities. At approximately half of the forty-four ground floor units at the complex, there are steps into the units, the doorways are too narrow for persons using wheelchairs to get through them, the bathrooms and kitchens lack adequate maneuvering space for persons using wheelchairs, there are no reinforcements for grab bars in the bathroom, and the thermostats and electrical outlets are not placed at accessible heights. Under the agreement, some of the barriers will be removed immediately, while changes to the individual units will be made at the request of current tenants or when tenants move out.

Serenade Condominiums, Henderson, NV -- The developers and builder of Serenade Condominiums in Henderson, NV have agreed to pay $390,000 to make the complex accessible to persons with disabilities and to compensate persons who have been harmed by the lack of accessible features at the complex. Under a consent decree, filed with the US District Court in Las Vegas, Falcon Development Corp., Falcon Homes, Inc., Falcon Construction Services, Inc., and Frey Associates Limited Partnership, will pay $330,000 into a fund that will be used to modify the common and public use areas at Serenade Condominiums to make them accessible to persons with disabilities and will also be used to make the ground floor condominium units accessible at the request of current owners at no expense. The decree also provides for the payment of $60,000 to individuals in eight households who were harmed by the lack of accessible features at the complex.

(Sources: Enforcing the ADA: A Status Report from the Department of Justice, October - December 2001, Issue 4 and April - June 2002, Issue 2.)

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EMPLOYMENT UPDATE

EEOC Issues New Small Business Handbook

The Equal Employment Opportunity Commission (EEOC), has issued of The Americans with Disabilities Act: A Primer for Small Business - a handbook outlining the employment provisions of the Americans with Disabilities Act (ADA) as they relate to both employees and job applicants. Offering examples, tips, and "do's and don'ts," the handbook covers the following:

• Who is protected by Title I of the ADA


• How to avoid mistakes when interviewing applicants with disabilities


• When an employer is permitted to ask an employee questions about a medical condition


• The obligation to make reasonable accommodations to the limitations of quealified applicants and employees with disabilities


• Tax incentives for businesses that hire and retain people with disabilities

Resource lists are included in the handbook to help small employers recruit individuals with disabilities and obtain assistance in making reasonable accommodations. According to statistics from the Small Business Administration, approximately 25 million small businesses in the United States represent 99.7 percent of all employers, employ more than 50 percent of the private work force, and generate more than half of the nation's gross domestic product. Small businesses also provide 67 percent of all first jobs.

Because the ADA covers employers with a minimum of 15 employees, both the new small business primer and the workshops target businesses with 15 to 100 employees, as well as those expected to expand to 15 employees in the near future. Businesses of this size typically do not have human resources or legal departments to provide them advice on the ADA. State and local government employers also are encouraged to use the handbook as a resource. This publication is available on the EEOC 's website at www.eeoc.gov/ada/adahandbook.html. The handbook is available in hard copy as well as in alternate formats by calling (202) 663-4900 (v) or (202) 663-4494 (TTY).

EEOC Makes Resource Information Available on CD-ROM

The EEOC has made its seven-volume set of Technical Assistance Resource Manuals available for purchase on CD-ROM. For the first time, computer users can search this comprehensive resource on workplace discrimination issues by using one user-friendly compact disc and entering simple search terms. A single CD-ROM contains a complete library on National Origin Discrimination, Sex Discrimination, Disability Discrimination, Age Discrimination, Religious Discrimination, and Race and Color Discrimination. Each of these sections includes training exercises, EEOC policy interpretations, and EEOC-issued guidance on equal employment opportunity related Supreme Court decisions. As an alternative to the CD-ROM, the traditional set of printed manuals is also available for purchase. For more information about both the CD-ROM and print versions of the technical assistance manuals, including costs and how to place an order, call the EEOC Technical Assistance Program at (202) 663-7071or visit EEOC's website at www.eeoc.gov/outreach/taps.html.

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NEWS FROM THE CENTER

Universal Design and ADA Workshops at Build Boston Sponsored by Adaptive Environments and Other Organizations

Tuesday, November 12

Designing Offices and Classrooms Fit for People
9 am-noon

Indoor Air Quality - The Basics
9 am - noon

Building a World Fit for People: Designers with Disabilities at Work
1:30- 3 pm

Museum Design that Welcomes and Delights All Visitors
4 - 5:30 pm

Accessible Site Development: Unique Designs for Massachusetts
4 - 5:30 pm

Achieving Effective Office Acoustics
6:30 - 8 pm

Wednesday, November 13

ADA Updates 2001
9 am - noon

Preservation, Renovation and Universal Design: Client and Designer Perspectives
1:30 - 3 pm

When Compliance is Really Impracticable: When and How to Request an MAAB Variance
1:30 - 3 pm

Pedestrian Design for Everyone in Mind
4 - 6pm

Airports: Universal Design in Complex Environments
4 - 5:30 pm

Wednesday, November 13

The ADA and the MAAB Regulations: Untangling the Confusion
9 am - noon

ADA Center To Exhibit At Upcoming Events
11/2/02 - Deaf Women United - Holiday Inn - Holyoke, MA
11/6-7/02 - Rhode Island Plant and Engineering - RI Convention Center - Providence, RI
11/8/02 - Assistive Technology: Access the Power - Crowne Plaza - Warwick, RI
11/12-14/02 - Build Boston - World Trade Center - Boston, MA
11/15/02 - MA Association of Occupational Therapists - Best Western Royal Plaza Hotel - Marlborough, MA
11/15-17/02 - National Federation of the Blind NH Chapter - Holiday Inn - Concord, NH
11/19/02 - Training on Sections 508 and 255 and Accessible Information Technology - Community College of RI - Warwick, RI
11/20-22/02 - New Hampshire Municipal Association Annual Meeting - Manchester, NH
12/11-14/02 - TASH Annual Conference - Hynes Convention Center - Boston, MA

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REGIONAL NEWS

STATE AFFILIATES

The New England ADA & Accessible IT Center affiliates with one organization in each New England state. Many of these organizations conduct access audits and have information about state and local resources for ADA implementation, such as where to obtain sign language interpreters; how to get material Brailled; and where to rent assistive listening devices.

Connecticut
ADA Coalition of Connecticut(ADACC)
c/o Office of Protection and Advocacy
60B Weston Street
Hartford, CT 06120-1551
860-297-4383 v/tty
860-566-8714 fax
e-mail: ADACoalitionCT@aol.com

Maine
Alpha One
127 Main Street
South Portland, ME 04106
800-640-7200 v/tty
207-767-2189 v/tty
207-799-8346 fax
e-mail: info@alphaonenow.com
website: www.alphaonenow.com

Maine Consumer Information and Technology Training Exchange (Maine CITE)
46 University Drive
Augusta, ME 04330
207-621-3195 v
207-621-3482 tty
e-mail: iweb@doe.k12.me.us
website: www.maineCITE.org

Massachusetts
Massachusetts Office on Disability
One Ashburton Place, Room 1305
Boston, MA 02103
800-322-2020 v/tty
617-727-7440 v/tty
617-482-8099 fax
website: www.state.ma.us/mod

CAST (Center for Applied Special Technology)
39 Cross Street
Peabody, MA 01960
978-531-8555 v
978-538-3110 tty
978-531-0192 fax
e-mail: cast@cast.org
website: http://www.cast.org

New Hampshire
Governor's Commission on Disability
57 Regional Drive
Concord, NH 03301
800-852-3405 v/tty
603-271-2773 v
603-271-2774 tty
603-271-2837 fax
website: http://webster.state.nh.us/disability

ATECH (An Alliance for Assistive Technology, Education, and Community Health) Services
5 Right Way Path
Laconia, NH 03246
800-932-5837 v/tty
603-528-3060 v/tty
603-524-0702 fax
website: http://www.nhassistivetechnology.org

Rhode Island
Rhode Island Governor's Commission on Disabilities
John O. Pastore Center
41 Cherry Dale Court
Cranston, RI 02920-3049
401-462-0100 v
401-462-0101 tty
401-462-0106 fax
e-mail: disabilities@gcd.state.ri.us
website: www.gcd.state.ri.us

Vermont
Vermont Center for Independent Living (VCIL)
11 East State Street
Montpelier, VT 05602
800-639-1522 v/tty
802-229-0501 v/tty
802-229-0503 fax
e-mail: vcil@vcil.org
website: www.vcil.org

Connecticut Advocacy Office Report On Municipal ADA Compliance

The Connecticut Office of Protection and Advocacy for Persons with Disabilities (OPA) issued a report examining compliance with requirements of the ADA by town and city governments. The report, entitled The ADA in Municipal Government: Title II Planning and Implementation in Connecticut's Cities and Towns, is based on an analysis of survey responses, and on site visits to a representative sampling of 25 towns and cities from across the state. While the study finds that many towns have made efforts toward ADA implementation, it also concludes that many municipalities have not met the Act? administrative requirements for self-assessment, planning and policy development. As a result, small, relatively inexpensive modifications that could significantly increase accessibility to buildings and programs often go unnoticed, and officials have to scramble to develop ad hoc responses to the needs of citizens with disabilities. The report also finds that larger cities, with their more complex administrative structures, generally experience greater difficulty implementing modifications than do smaller towns.

"The good news is that municipal governments seem to genuinely want local residents with disabilities to be included in the civic lives of their towns, and that quite often they can make relatively simple modifications in order to do so", said Jim McGaughey, OPA's Executive Director. "But, it is disappointing to see that 12 years after the ADA became law, so much of the evaluation and planning that the ADA mandates still needs to be done. It sends the wrong message and leaves towns vulnerable to complaints."

Title II of the ADA requires state and local governmental entities to designate a responsible ADA coordinator, provide notice of rights under the ADA, establish a grievance procedure, identify barriers to accessing programs and services and to develop plans for removing them. Municipalities are also required to make reasonable modifications" to policies and procedures when necessary to accommodate persons with disabilities. The report points out that even prior to the enactment of the ADA in 1990, another federal law - Section 504 of the Rehabilitation Act of 1973 -- required most towns and cities to make reasonable modifications, complete self-studies and develop plans to improve architectural and program accessibility.

The report was prepared by the ADA Coalition of Connecticut and Independent Living Resources, a Massachusetts-based consulting firm. Among its recommendations are: 1) formation of a statewide association of municipal ADA coordinators to facilitate sharing of information about innovative practices; and, 2) development of standardized policies and accessibility-related resource lists which towns and cities could adopt and share cooperatively as part of their compliance efforts. For more information, contact OPA at (860) 297-4300 (v); (860) 566-2102 (tty); or (800) 842-7303 (v/tty) (CT only). Copies of the report are on OPA's website at: www.state.ct.us/opapd.

Suit Filed Against MBTA For Lack Of Access

On July 25, 2002, eight individuals with disabilities from Roxbury, Dorchester, Jamaica Plain, and other Boston communities, filed a class action suit in federal district court challenging the Massachusetts Bay Transit Authority (MBTA) to end its systemic failure to provide basic public transportation to people with disabilities. The group is demanding that the MBTA provide a transit system that is readily accessible to all people with disabilities, as required by Title II of the ADA and Section 504 of the Rehabilitation Act of 1973.

The plaintiffs are seeking a court order to require the MBTA to comply with the ADA by: making stations accessible; repairing broken elevators; stopping bus drivers from passing by consumers with disabilities; keeping wheelchair lifts in working condition; making lifts available where they are needed; providing "gap fillers" so people using wheelchairs can board trains safely; providing transportation for people with disabilities during street repairs; requiring drivers to announce stops; preventing drivers from being rude or discourteous to passengers with disabilities; and taking all other steps necessary to make public transit usable by individuals with disabilities.

Matlyn Starks, director of the Vivienne S. Thomson Independent Living Center/Minorities with Disabilities Advocacy Center, and one of the plaintiffs in the suit said, "On a weekly basis I am unable to board MBTA buses," which she depends on to get to work, "because the wheelchair lifts are broken." She went on to say that at least monthly she can't get to the T because the elevators in the stations are out of service. Other named plaintiffs tell stories of bus drivers who refuse to stop when a person with a disability is waiting for the bus, or being stuck again and again on broken lifts. Plaintiffs who are blind tell of being put off the bus at an unfamiliar place because the driver didn't announce the stops.

MBTA General Manager Michael Mulhern acknowledged there are problems, but said they are being addressed. Mulhern said the MBTA plans to add as many as 600 new buses with low floors and automatic stop announcements in the next two years. He said automatic fare collections will allow the MBTA to devote more time to maintenance, and that a new training program for drivers will focus on sensitivity toward the elderly and disabled.

ADA Suit Against New Hampshire Allowed

Recent US Supreme Court decisions have reinforced states' immunity to many private suits filed under federal law, but the 1st US Circuit Court of Appeals just took the opposite approach, allowing New Hampshire to be sued under the ADA. The Boston-based court of appeals has ruled that private individuals can sue a state for monetary damages under Title II of the ADA if they allege facts sufficient to state a constitutional violation.

Beginning in 1996, the Supreme Court has limited individuals ability to sue states under various federal laws. In these decisions, the court has ruled that Congress exceeded its constitutional authority by approving statutes that violate the doctrine of state sovereign immunity under the 11th Amendment. That amendment generally prohibits citizens from suing a state for monetary damages without its consent. Last year, the court ruled in the case of Board of Trustees of the University of Alabama v. Garrett that Congress exceeded its authority in ending a state's 11th Amendment immunity and allowing suits by private individuals under Title I of ADA. The court declined at that time to rule whether individuals could sue states for monetary damages under Title II.

However, on August 20th, a panel of the 1st Circuit decided 2-1 that Matthew Kiman, a former prison inmate, could sue the New Hampshire Department of Corrections under Title II because he had alleged facts sufficient to state a constitutional claim (Kiman v. New Hampshire Department of Corrections, No. 02-1099). Kiman, who has amyotrophic lateral sclerosis (Lou Gehrig's disease), alleged that prison officials:

• Refused to give him a cane so that he could walk;


• Refused to provide a chair for him to take showers; and


• Placed him in a third-floor cell, even though he had great difficulty climbing stairs.

In December 2001, a federal district court dismissed Kiman's suit, basing its decision on Garrett. However, the appeals panel majority determined that Congress had the authority to subject states to Title II suits in situations where "the facts of the statutory claim also make out a constitutional one."

"Our basis for distinguishing Garrett from this case·s that this case on its facts involves a constitutional violation," Judge Sandra Lynch explained in her majority opinion. According to Lynch, Kiman has alleged facts that would amount to violations of the Eighth Amendment because, if true, prison officials showed a deliberate indifference to his medical needs.

(Source: "ADA Suit Against State Allowed," ABA Journal, David L. Hudson, September 6, 2002.)

NOD Announces Second Annual Accessible America Competition

The National Organization on Disability (NOD) has announced the beginning of its second annual $25,000 Accessible America 2002 award competition, open to all US cities and towns. NOD is urging America's mayors and chief elected officials to enter their communities in the competition. Entrants will showcase how their citizens with disabilities are participating and contributing locally. The competition is sponsored by United Parcel Service. Venice, FL won the first contest, which had over 60 entries from around the nation. The winner of the competition will be a city or town where citizens with disabilities have opportunities for full and equal participation in the life of their community, including access to jobs, education, religious worship, voting, transportation, housing, and the full range of local, social, recreational, cultural, and sports activities.

To enter the competition, communities will submit a statement signed by their mayor describing how their city or town provides opportunities for citizens with disabilities to participate fully in community life. Entries must be postmarked by December 31, 2002. To learn more about the Accessible America 2002 competition, visit NOD's website,http://www.nod.org, or call Nancy Starnes at (202) 293-5960.

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FREQUENTLY ASKED QUESTIONS

Accessibility Guidelines for Play Areas

Q: What is considered an "accessible" play component?

A: Section 15.6 of ADAAG establishes scoping and technical provisions for "accessible" play components. An "accessible" play component is one that is located on an accessible route and meets the technical provisions of 15.6. Remember, the guidelines are only minimums. There are additional designs and features that can be added to further enhance accessibility.

Q: Are play components that have multiple stations or which can include more than one person using them at one time considered one or two play components?

A: Play components such as a fire truck or other play vehicles, a playhouse, train, or a storefront, that have multiple stations or can include more than one person using them at one time are considered one play component. If required to be accessible, a play component must be on an accessible route, have clear floor or ground space and maneuvering space, and have entry points and seats at the required heights if they are ground level play components or elevated play components accessed by ramp.

Q: Are ramps, transfer systems, and stairs permitted to be counted as play components?

A: No. The guidelines do not permit steps, ramps, transfer systems, decks, or roofs to be counted as play components.

Q: Should overhead play components such as track riders, ring ladders, monkey bars, and chin up bars be lowered to the recommended reach ranges?

A: Overhead play components that are required to have their entry and exit points connected by an accessible route are not required to be lowered to be considered accessible. It is recommended that, where possible, providing one component or element of a component at a lower height, or multiple overhead components at varied heights, would better accommodate more children, especially those with disabilities.

Q: Can an elevated crawl tube be used to connect to a play component required to be accessible? Can that crawl tube also be considered an accessible play component?

A: Yes, where transfer access is provided on a composite play structure elevated play components such as a crawl tube are permitted to connect to other play components. The crawl tube could also be considered an accessible play component.

Q: Can a transfer platform be an irregular shape as long as it incorporates the minimum rectangle of 14 by 24 inches?

A: Yes. While permitted, providing odd shaped or textured transfer platforms may decrease the usability by some persons with disabilities. It is recommended that the clear edge provided for transfer be a straight edge. The 24 inch side of the transfer platform must be free from obstructions to allow a person to transfer.

Q: Can broken or older ground level play components be replaced without changing the surface?

A: Yes. Section 15.6.1 Exception 3 permits broken or older play components to be replaced without requiring changes to the play surface. Changes to the surface are only required when the existing play surface is being replaced or when "path of travel" obligations are triggered.

Q: Are new play components added to an existing play area required to comply with the guidelines even if there is not an accessible route from parking or the street to the play area?

A: Yes. Where new play components are added to an existing play area, the new play components are required to comply with guidelines. It is anticipated that many play areas will be updated and altered in phases. Through the series of alterations, additional access to the total play area and accessible routes from parking or the street will be added.

Q: How can I get copies of the ASTM standards that apply to play areas?

A: Copies of the following referenced standards may be obtained from the American Society for Testing and Materials, 100 Bar Harbor Drive, West Conshohocken, PA 19428, www.astm.org:

• ASTM F 1292-99 Standard Specification for Impact Attenuation of Surface Systems Under and Around Playground Equipment


• ASTM F 1487-98 Standard Consumer Safety Performance Specification for Playground Equipment for Public Use


• ASTM F 1951-99 Standard Specification for Determination of Accessibility of Surface Systems Under and Around Playground Equipment

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GREAT WEB SITES

Adaptive Environments & Universal Design
www.adaptiveenvironments.org/universal/
Adaptive Environments has established a niche in the international spectrum of organizations and individuals that share a vision of design-for-all/universal design. We funnel the depth and breadth of worldwide information about universal design, and disseminate the wealth of ideas and best examples to two audiences: decision makers (academics, design practitioners, leaders from business and government) and the general public. Our biennial conference is the primary vehicle for gathering, filtering and disseminating information to both audiences.

Access Board - Research
www.access-board.gov/research&training/research.htm
A key mission of the Board is developing and maintaining accessibility guidelines and standards under several different laws, including the ADA. This includes design requirements for facilities in the private and public sectors, transportation vehicles, telecommunications equipment, and federal electronic and information technology. Board research projects are designed to develop information for its use in writing or updating these design criteria. The Board also funds the development of technical assistance and training materials useful to its audience, including designers, specifiers, and consumers. Such materials offer guidance on accessible design, compliance with Board guidelines, and best practices.

Acoustical Society of America
http://asa.aip.org
Since its organization in 1929, the Acoustical Society of America? membership has grown to nearly 7000 men and women who work in acoustics throughout the US and abroad. From the beginning, the Acoustical Society has sought to serve the widespread interests of its members and the acoustics community in all branches of acoustics, both theoretical and applied. The Society is primarily a voluntary organization and attracts the interest, commitment, and service of a large number of professionals.

ASTM International
www.astm.org
ASTM International is a nonprofit organization that provides a global forum for the development and publication of voluntary consensus standards for materials, products, systems, and services. Over 30,000 individuals from 100 nations are the members of ASTM International, who are producers, users, consumers, and representatives of government and academia. In over 130 varied industry areas, ASTM standards serve as the basis for manufacturing, procurement, and regulatory activities. ASTM International provides standards that are accepted and used in research and development, product testing, quality systems, and commercial transactions around the globe.

Center for Universal Design
www.design.ncsu.edu/cud/
The Center for Universal Design is a national research, information, and technical assistance center that evaluates, develops, and promotes universal design in housing, public and commercial facilities, and related products.

Construction Specifications Institute
www.csinet.org
The Construction Specifications Institute (CSI) is a technical society whose purpose is to improve the process of creating and sustaining the built environment. The Institute provides technical information and products, continuing education, professional conferences, and product shows to enhance communication among all disciplines of nonresidential building design and construction and meet the industry’s need for a common system of organizing and presenting construction information.

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PUBLICATIONS

DOJ ADA CD-ROM - All of DOJ's ADA regulations, architectural design standards, and technical assistance publications in HTML, WordPerfect, and text (ASCII). Many also in Acrobat PDF - no cost.

• Title III Regulations for Public Accommodations and Commercial Facilities and ADA Standards for Accessible Design - no cost
• ADAAG for Buildings and Facilities: Final Rule for Play Areas - $3
• ADAAG for Buildings and Facilities: Final Rule for Children's Facilities - $2
• ADAAG for Buildings and Facilities: Final Rule for Judicial and Detention Facilities - $4
• ADAAG for Buildings and Facilities: Final for Recreation Facilities - $2
• ADAAG Manual: A Guide to the Americans with Disabilities Act Accessibility Guidelines. 143 pages clarifies the complexities of the ADAAG, lots of helpful drawings. - $10
• Existing Facilities Survey Checklist 2.1 - $1
• Americans with Disabilities Act Guidelines (ADAAG) Checklist - $13
• ADA Design Guide: Restriping Parking Lots - no cost
• Common ADA Errors & Omissions in New Construction and Alterations - no cost
• Accessible Stadiums Information Sheet - no cost
• Signage Information Sheet - $1
• ADA & Historic Preservation - $2
• Common ADA Problems at Newly Constructed Lodging Facilities - no cost
• Five Steps To Make New Lodging Facilities Comply With The ADA - no cost
• ADA Checklist for New Lodging Facilities - no cost
• Guide to Play Area Guidelines - no cost
• Accessible Pedestrian Signals - $2
• Accessible Rights of Way A Design Guideline - no cost
• Checklist for Accessible Sidewalks and Street Crossings - no cost

Barrier Free Environments' ADA Accessibility Guidelines Tech Sheets

• Accessible Routes - $2
• Areas of Rescue Assistance - $2
• Doors - $2
• Lavatories & Mirrors - $2
• Medical Facilities - $2
• Toilet Stalls - no cost

Access Board's ADAAG Technical Bulletins

• Detectable Warnings - $1
• Movie Captioning - $2
• Parking - $1
• Surfaces - $1
• Text Telephones - $1
• Using ADAAG - $2
• Visual Alarms - $1

The New England ADA & Accessible IT Center announces a new educational CD-ROM, Learning About Sections 508 and 255.
This CD-ROM contains documents on federal laws pertaining to accessible electronic and information technology and telecommunications. Included are standards, frequently asked questions, and factsheets that can assist consumers, industry professionals, and federal agencies in understanding these laws. Documents are presented multiple formats, including HTML, Microsoft Word, and ASCII text. To order a copy of the CD-ROM, contact us at (800) 949-4232 (v/tty) or at 508info@AdaptiveEnvironments.org

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Look for the SPRING issue of Access New England.