ALERT! ALERT! ALERT!

From the Disability Rights Education and Defense Fund (DREDF)

and other disability rights attorneys and advocates

Department of Justice Proposes Vast Changes in ADA Regulations

YOUR COMMENTS URGENTLY NEEDED!

The Department of Justice recently 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.

Some of DOJ’s changes are excellent, and urgently needed. It is important that the disability community laud these, to support DOJ against industry attack. Good proposals include adoption of the new 2004 ADAAG, stronger hotel reservation and ticketing provisions, recognition of psychiatric service animals, additional companion seating in theaters and stadiums, and stronger provisions for effective communication for people with hearing, visual, and speech disabilities.

However, there are also many draconian changes that would radically 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.

DOJ must receive a flood of comments from the disability community in favor of a strong, comprehensive ADA. Comments must defend the principle of individual, case-by-case assessment, which DOJ is largely abandoning in favor of many blanket reductions. We must remind DOJ that the ADA is already carefully crafted to take the needs of covered entities into account, and that reductions to our civil rights would be a devastating blow to our daily lives.

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 revise our drafts to add your own thoughts, and especially your own personal experiences or those of friends, family, colleagues or clients with disabilities.

MAKE YOUR VOICE HEARD: SEND IN YOUR COMMENTS!

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

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