COMMENTS URGENTLY NEEDED!

Department of Justice Proposed Changes in ADA Regulations

In the June 17, 2008 Federal Register, the Department of Justice issued major proposed revisions to its regulations implementing Titles II and III of the Americans with Disabilities Act (ADA).

THE DEADLINE FOR COMMENTS IS AUGUST 18, 2008 .

The National Disability Rights Network (NDRN), Amy Robertson of Fox & Robertson, P.C., Denver, Colorado and Marilyn Golden of Disability Rights Education & Defense Fund (DRDEF) coordinated a group of P&A attorneys and other disability and civil rights attorneys in drafting “model” comments to the DOJ proposed regulations which are posted at the links below.

Some of DOJ’s changes are excellent, and urgently needed. Therefore, the “model” comments support these proposals and in some cases seek additional clarification and strengthening.

Good proposals include:

• adoption of the new 2004 ADAAG

• stronger hotel reservation and assembly area ticketing provisions

• recognition of psychiatric service animals

• requiring additional companion seating in theaters and stadiums

• stronger provisions for effective communication for people with hearing, visual, and speech disabilities.

However, there are also many negative proposed changes that would significantly reduce the rights of people with disabilities to accessible facilities. For example, DOJ proposes:

• A significant weakening of the readily achievable barrier removal requirement for public accommodations;

• A significant reduction of elements required to be accessible in state and local government facilities;

• An exemption for all existing facilities from the new recreation and playground rules,

• Restricting what species can be covered by the definition of a “service animal.”

NDRN will be submitting comprehensive comments but we urge each P&A to also submit their own comments based on the experiences of its clients and the P&A’s own cases.

The model comments can also be shared with self advocacy groups and other interested parties from the disability community.

Comments should support a strong, comprehensive ADA. The model comments defend the principle of individual, case-by-case assessment, which DOJ is largely abandoning in favor of many blanket reductions. The comments remind DOJ that the ADA is already carefully crafted to take the needs of covered entities into account.

Links to draft comments are below to help you write your own comments. The links are organized by topic. Some of the links may not be complete yet – check back for additions and changes. For information about how to file your comments, click here. For tips on commenting, click here. To download the proposed regulations and related documents, click here.

Important: Your comments will have the most impact if you use the “model” comments as a starting point adding the personal experiences of clients and their families or the personal experiences of P&A staff, friends, family and colleagues who may be individuals with disabilities.

TOPICS IN THE DOJ PROPOSALS ARE:

Safe Harbor

• One-percent (1%) safe harbor for barrier removal in existing facilities for qualified small businesses.

• “Reasonable number but at least one” in program access under Title II

• Exemption for facilities that allegedly comply with the 1991 ADAAG

• Path of travel

Definition of “existing facility”

Comment on the Regulatory Impact Analysis

Comment on the Regulatory Impact Analysis

Title II Complaint Process

Communications; auxiliary aids and services

Service animals

Hotel reservations policies

Seating and ticketing in assembly areas

Medical care facilities

Wheelchairs and other power-driven mobility devices

Prisons, jails and the Prison Litigation Reform Act

Social service agencies, transient lodging, and dormitories

Residential facilities

Recreation Facilities and Play Areas (general comments)

• Saunas and steam rooms

• Swimming pools

• Exercise equipment

• Team player and seating areas

• Areas of sport activity

• Boating and fishing

• Golf carts

• Miniature golf

• Topics not addressed

Questions concerning specific 2004 ADAAG Standards (General comments)

• Side reach

• Water closet clearances in single-user toilet rooms with in-swinging doors

• Elevators

• Stairs

• Accessible routes to stages

• Accessible attorney areas and witness stands

• Assistive listening systems

• Accessible route to golf tees and greens

Work Areas

Maintenance of accessible features

ATMs

Examinations and courses

Triggering date