[nfbwatlk] FW: Fw: New ADA Regs in Effect March 15

Tue Mar 15 02:15:32 UTC 2011

From: wcb-l-bounces at wcbinfo.org [mailto:wcb-l-bounces at wcbinfo.org] On Behalf
Of Denise Colley
Sent: Monday, March 14, 2011 4:07 PM
To: wcb list
Subject: [Wcb-l] Fw: New ADA Regs in Effect March 15

From: owner-Housing.Disability.Issues at lists.unh.edu
[mailto:owner-Housing.Disability.Issues at lists.unh.edu] On Behalf Of
Listmaster
Sent: Monday, March 14, 2011 3:37 PM
To: Housing & Disability Issues
Subject: New ADA Regs in Effect March 15

To: drv at unh.edu
Subject: New ADA Regs in Effect March 15
From: New England ADA Center<adainfo at NewEnglandADA.org>

Important changes to the ADA Title II and Title III regulations are in
effect starting March 15. Title II applies to state and local governments.
Title III applies to the private sector: stores, hotels, day care centers,
non-profit organizations, medical providers, etc. Most of the changes in the
two regulations are the same. 

What are the changes

Service Animals
The definition of service animals now only includes dogs. Other animals,
whether wild or domestic, do not qualify as service animals. Dogs must be
individually trained to do work or perform tasks. Dogs that are not trained
to perform tasks that mitigate the effects of a disability, including dogs
that are used purely for emotional support, are not service animals. The
regulations also clarify that the animal must be under the handler's control
at all times, that the handler is responsible for the animal's care and what
questions can and can't be asked a person indicates his or her dog is a
service animal.

Miniature Horses
Although not under the definition of service animals, the regulations permit
the use of trained miniature horses as alternatives to dogs, where
appropriate. Assessment factors to determine appropriateness include the
type, size, and weight of the miniature horse; whether the facility can
accommodate these features; whether the handler has sufficient control of
the miniature horse; whether the miniature horse is housebroken; and whether
the miniature horse's presence in a specific facility compromises legitimate
safety requirements that are necessary for safe operation. 

Wheelchairs and Other Power-Driven Mobility Devices
The regulations distinguish wheelchairs and "other power-driven mobility
devices" (OPDMDs). OPDMDs are mobility devices not designed for people with
disabilities, but which are often used by people with disabilities (such as
the Segway). Wheelchairs must be permitted in all areas open to pedestrian
use. OPMDs must be permitted unless their use would fundamentally alter
programs, services, or activities; create a direct threat or create a safety
hazard. 

Ticketing (not parking tickets - tickets to sporting events, concerts,
theater, etc.)
Tickets for accessible seating must be available to purchase during the same
hours; during the same stages of ticket sales (pre-sales, promotions,
lotteries, wait-lists, and general sales) and through the same methods of
distribution (phone, in person, internet, third party) as tickets for
non-accessible seating. The regulations also include requirements concerning
information about the location and availability of accessible seating, hold
and release of accessible seating to persons with out disabilities,
prevention of the fraudulent purchase of accessible seating, and the ability
to purchase multiple tickets when buying accessible seating. 

Effective Communication
The regulations include video remote interpreting (VRI) services as a type
of auxiliary aid that may be used to provide effective communication. To
ensure that VRI is effective, the regulations include performance standards
for VRI and requires training for users of the technology. The regulations
state that a minor child may not be used to interpret or facilitate
communication except under emergency situations.

More ADA Title II and Title III regulations changes go into effect next year
on March 15, 2012. We will discuss those in future updates.

Revised Final Title II Regulation with new requirements in bold typeface.

Revised Final Title III Regulation with new requirements in bold typeface.

Please contact the New England ADA Center if you have any questions. Hit the
reply button or send an email to adainfo at newenglandada.org
<mailto:%20adainfo at newenglandada.org>  or call 800-949-4232 voice/tty (New
England only).

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