Fw: [ILAssnMicroboardsandatives] Fw: New ADA Regs in Effect March 15

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FYI

Ellen

Ellen Garber Bronfeld

egskb@...

New ADA Regs in Effect March 15

From: New England ADA Center<adainfo@...>

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@... or call

800-949-4232 voice/tty (New England only).

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