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Advocates urge response to the proposed changes to Title
II and III of the ADA
by the Great Lakes ADA Center
The Department of Justice
(DOJ) recently issued major proposed revisions to its regulations
implementing Titles II and III of the Americans with Disabilities
Act (ADA). Some of DOJ’s
changes are excellent, and urgently needed, according to the Disability
Rights Education and Defense Fund (DREDF). Fund leaders believe it
is important that the disability community laud these, to support
DOJ against industry attack. Good proposals include adoption of the
new 2004 ADA Accessibility Guidelines (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.
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 many 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. Fund leaders must remind DOJ that
the ADA is already carefully crafted to take the needs of covered entities
into account, and those reductions to our civil rights would be a devastating
blow to our daily lives.
Extensive draft comments, by topic, are available on the DREDF website
to help you write your own comments. The list of topics is in the gray
box at the right.
The website also has information about how to file your comments,
as well as tips on commenting and a link to the proposed regulations.
Comments will have the most impact if writers revise the web site
drafts to add their own thoughts, and especially their own personal
experiences or those of friends, family, colleagues or clients with
disabilities. ![end of story]()
Topics in the DOJ
proposals include 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,”
Comments 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, residential facilities, transient
lodging, and dormitories, recreation facilities and play
areas, recreation facilities and play areas saunas and steam
rooms, swimming pools, exercise equipment, team player and
seating areas, areas of sport activity, boating and fishing,
golf, miniature golf.
For more articles regarding
the ADA go to our “ADA
In the Headlines” at: www.adagreatlakes.org/ The
deadline for comments is August 18. To see draft
comments, visit www.dredf.org/DOJ_NPRM
Source:
DBTAC-Great Lakes ADA Center, www.adagreatlakes.org
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