[Njagdu] Election and Voting Accessibility

[Trisha Ebel]

Access to Service, Businesses and Programs


Individuals with physical, sensory, cognitive, and psychiatric disabilities
need to have the same opportunity to receive services and engage in business
relations, programs, and activities in the same manner as other community
members and customers. 


Title II


Title II of the ADA indicates that individuals with disabilities should not
be discriminated against on the basis of disability in receipt of services,
programs, or activities provided by public (state and local government)
entities. It also indicates that a public entity must reasonably modify its
policies, practices, and procedures to avoid discriminating against citizens
with disabilities. In general, a public entity's services, programs, and
activities, when viewed in their entirety, must be "readily accessible to
and usable by individuals with disabilities", a standard known as "program
accessibility". Providing program accessibility is the ideal option when it
is not feasible to renovate a building that is inaccessible physically. 

To understand more about Program Accessibility for Title II entities, visit
the Department of Justice Title II Technical Assistance Manual
<http://www.ada.gov/taman2.html#II-1.0000>  


Title III


Title III of the ADA covers places of public accommodation, such as stores,
restaurants, theaters, private schools, offices engaged in providing a
service or business, hotels, fitness centers, etc., and commercial
facilities, including facilities not open to the public. Title III also
covers private entities primarily engaged in providing transportation, and
any exams or courses related to applications, credentialing, or
certification. There are some entities that may have some exemptions under
Title III, such as private clubs, registered historic facilities, and
religious entities. But those exemptions may not apply to all activities and
those entities should review the ADA closely to understand what activities
or actions are exempt and what are not. In general, a Title III covered
entity may not discriminate against an individual with a disability when
operating the place of public accommodation. Consumers and patrons with
disabilities need to have the same opportunity to receive full and equal
benefit of the business's goods, services, and facilities. It is also
important to note that Title III entities, unlike Title II ones, must remove
architectural and communication barriers to accessibility, when it is
"readily achievable to do so", meaning it can be done without significant
difficulty or expense. If the barrier removal would not be feasible, then
the Title III entity must still make its goods and services available
through other means (i.e. if a store or restaurant cannot be made
structurally accessible, then consumers with disabilities could be offered
the opportunity to order merchandise/food either online or via telephone and
then be given the option of home or curbside delivery/take out). 

To understand more about barrier removal and alternatives to barrier
removal, exemptions, and all other obligations for Title III entities, visit
the Department of Justice Title III Technical Assistance Manual
<http://www.ada.gov/taman3.html> . 

 

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