New ADA Guide for State and Local Governments

[mark handler]

Justice Department Issues New ADA Guide for State and Local Governments

The Department of Justice has published a new technical assistance guide, "ADA Update: A Primer for State and Local Governments," to help State and local government officials understand how title II of the ADA applies to their programs, activities, and services. The 16-page illustrated docment addresses general nondiscrimination requirements, such as provisions relating to program accessibility, service animals, communicating with people with disabilities, other power-driven mobility devices, and policies and procedures. The guide also addresses how the 2010 ADA Standards for Accessible Design apply to the built environment, including existing buildings and facilities, new construction, and alterations.

Further information is avaialble on DOJ's website at ada.gov or its toll-free ADA hotline at (800) 514-0301 (v), or (800) 514-0383 (TTY).

http://www.ada.gov/regs2010/titleII_2010/title_ii_primer.html

 

[Msradell]

I found this part of that document very interesting:

Advances in technology have given rise to new power-driven devices that are not necessarily designed specifically for people with disabilities, but are being used by some people with disabilities for mobility. The term “other power-driven mobility devices” is used in the ADA regulations to refer to any mobility device powered by batteries, fuel, or other engines, whether or not they are designed primarily for use by individuals with mobility disabilities, for the purpose of locomotion. Such devices include Segways®, golf cars, and other devices designed to operate in non-pedestrian areas. Public entities must allow individuals with disabilities who use these devices into all areas where the public is allowed to go, unless the entity can demonstrate that the particular type of device cannot be accommodated because of legitimate safety requirements. Such safety requirements must be based on actual risks, not on speculation or stereotypes about a particular class of devices or how individuals will operate them.

It certainly goes against what the courts have said in some circumstances. I'm particularly thinking about the lawsuit against Disney regarding people who wanted to use Segways. Throwing golf carts into that discussion is really strange especially when you think of it in relation to access inside of buildings.

 

[mark handler]

I found this part of that document very interesting:It certainly goes against what the courts have said in some circumstances. I'm particularly thinking about the lawsuit against Disney regarding people who wanted to use Segways. Throwing golf carts into that discussion is really strange especially when you think of it in relation to access inside of buildings.

EASY to demonstrate that the particular type of device cannot be accommodated because of legitimate safety requirements, in buildings

NON-issue

 

[ADAguy]

I see "stretched" golf carts being used by AMTRAC in Union Station every day.

PGA now allows golphers with "handicaps" to use them too. (smiling)