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Employment Update
Access Board News
Guest Editorial
DOJ Update
Design Solutions
Building Your Rolodex
Regional News
Great Web Sites
Frequently Asked Questions
Publications
Events

EMPLOYMENT UPDATE

Application for Disability Benefits Does Not Bar Claim Under ADA

The U.S. Equal Employment Opportunity Commission (EEOC) recently advised that representations made in connection with an application for disability benefits should not be an automatic bar to a claim under Title I of the Americans with Disabilities Act (ADA). The Commission clarified its position by issuing Enforcement Guidance on the Effect of Representations Made in Applications for Disability Benefits on the Determination of Whether a Person Is a "Qualified Individual with a Disability" Under the ADA.

EEOC Chairman Gilbert F. Casellas said, "The guidance addresses a significant and recurring issue on which the Commission has filed several amicus briefs. It clarifies why a person may be able to meet the eligibility requirements for disability benefits and still be a 'qualified individual with a disability' for ADA purposes."

The guidance explains that the ADA's purposes and standards are fundamentally different from those of other disability benefits programs such as social security, workers' compensation, and disability insurance. Because of these differences, the guidance explains, representations made in connection with an application for benefits may be relevant to, but not determinative of, whether a person is a "qualified individual with a disability" under the ADA. The guidance emphasizes that, when assessing whether a person who has applied for disability benefits is a "qualified individual with a disability," it is crucial to consider all the relevant evidence. The guidance further explains that public policy supports the conclusion that representations made in other contexts about the ability to work should not be an absolute bar to bringing an ADA claim.

Jury awards $300,000 to Former Police Officer in Reassignment Case

The Department of Justice won a $300,000 jury award on behalf of Jack Davoll, a former Denver police officer injured in the line of duty, because Denver refused to reassign Davoll to a vacant job that he was qualified to perform-such as criminal investigator or probation officer. The jury also found that Denver had failed to show that changing its policy to allow reassignment would impose an "undue hardship" on the City. The Denver Police Department had forced Davoll to retire after three incidents that left him with injuries to his back, neck, and shoulder.

The monetary award compensates Davoll for emotional distress and pain and suffering. The judge will later decide to which job Mr. Davoll is entitled, and he will determine the amount of back pay that Davoll will receive. The court ruled before the trial in United States v. City and County of Denver that the ADA's requirement to make "reasonable accommodation" to employees' disabilities includes reassignment to vacant positions and imposes a duty on employers to consider reassignment. The court also found that Denver's policy of barring the reassignment of police officers with disabilities to vacant "career service" positions for which they were qualified violated the ADA.

The jury's verdict followed a seven-day trial in two consolidated cases. In addition to the case brought by the United States, three private plaintiffs, including Mr. Davoll, filed an action challenging the Police Department's refusal to reassign them to career service positions after they became disabled. Paul Escobedo and Deborah Clair were each awarded $250,000 in compensatory damages in the private suit.

For a copy of the latest EEOC guidance or this excerpt from "Enforcing The ADA..." call our Center at 800-949-4232 V/TTY. Or, link to the EEOC's or DOJ's web site from ours at www.adaptiveenvironments.org

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NEWS FROM THE ACCESS BOARD

Telecommunications Access, Revised ADAAG, Play Facilities Access in Process

Recommendations for guidelines that would assure that telecommunications equipment be "designed, developed and fabricated to be accessible to and usable by people with disabilities, if readily achievable" were presented to the Access Board in January by the Telecommunications Access Advisory Board. The new Telecommunications Act gives the Access Board responsibility to produce guidelines by August 1, 1997. The report is available on the Internet, at www.access_board.gov or by calling the Access Board at 202-272-5434 Voice, or 202-272-5449 TTY, request publication S-32.

ADAAG Revision:

The Board continues its work reviewing and discussing the Recommendations for a New ADAAG. The intent is that "the guidelines remain state of the art, be in harmony with model building codes and standards... and continue to meet the needs of people with disabilities". The Board plans to vote on a proposed rule to update the ADA Accessibility Guidelines by January 1998.

Play Facilities Guidelines:

The Regulatory Negotiation Committee on Accessibility Guidelines for Play Facilities met January 6 - 9 in Berkeley, California, continuing their negotiations on the scoping provisions for newly constructed and altered play facilities covered by the Americans with Disabilities Act (ADA). While no final decisions have been made, committee members reached preliminary agreement on the following issues:

Access to Ground Level Play Activities: At least one of each type of play activity on the ground level would have to be accessible.

Access to Elevated Play Activities: At least 50 percent of elevated play components should be accessible. Play activities are considered elevated only when they are part of a composite structure. For example, a stand-alone slide would not be considered an "elevated" component. Where elevated play components are provided, the number of accessible ground level activities would have to be equal to 50 percent or more of the total number of elevated components. Such accessible ground level activities could be used to satisfy the ground level "one of each type" requirement. Where ramp access is provided to all elevated play components, no additional ground level activities would be required.

Access to Soft Contained Play Activities: The committee agreed in concept that access would be required to enter and exit a soft contained play system through either a transfer system or a ramp. Ramp access, however, would not be required within the system itself.

The play facilities regulatory negotiation committee was convened by the Access Board in February 1996, and held its first meeting in March. Using a rulemaking process that Board Chair Judy Heumann has called "public involvement to the greatest extent," this committee was charged with developing the actual proposed rule for accessibility guidelines that will apply to all newly constructed and altered play facilities covered by the ADA. In addition to the committee's 17 member organizations, a large number of other people from the public have participated in the process, providing public comment and joining in committee and working group discussions.

The Board expects to publish the proposed rule developed by this committee some time this summer. At that time, the public will be invited to submit written comments to the Board for consideration as the final rule is being drafted.

Rulemaking Update

The following is a summary of some of the Board's current activities, which includes, wherever possible, anticipated dates for an Access Board vote on proposed or final rules. It should be noted that following a Board vote, each rule must go to the Office of Management and Budget for review, and then-in the case of ADA-related rules-to the Department of Justice. Only once a final rule is adopted by the Department of Justice is it enforceable under the ADA.

Outdoor Developed Areas: The Board intends to use regulatory negotiation to develop a proposed rule for access to outdoor developed areas, which include hiking and walking trails, campgrounds, and the similar areas. Next Step: The Board plans to issue a notice of intent to form a regulatory negotiation committee later this month.

Places of Amusement, Boating and Fishing Facilities, Golf, and Sports Facilities: After receiving the Advisory committee's report in May 1994, the Board published it as an advance notice of proposed rulemaking. The Board is drafting proposed guidelines for places of amusement, boating and fishing facilities, golf, and sports facilities based on the recommendations of the advisory committee, public comments received in response to the advance notice of proposed rulemaking and follow up meetings. Next Step: The Board plans to vote on a proposed rule in 1998.

Water Transportation: This rulemaking will address access to ferries, cruise ships, excursion boats, and other vessels. Research was completed in July 1996 and provided valuable information for future rulemaking. The Board and the Department of Transportation held an information meeting with organizations representing people with disabilities and the marine industry to determine the scope and complexity of the rulemaking. The next steps in this rulemaking have not been determined.

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GUEST EDITORIAL

The Americans with Disabilities Act and Outdoor Recreation

Despite the fact that the Americans with Disabilities Act (ADA) has been law for more than six years, there are still accessibility challenges and confusion with respect to parks and outdoor recreation. Since its passage in July 1990, the 49 million Americans who benefit from this civil rights law, and the people responding to the ADA, have been learning and occasionally stumbling through its interpretation and application.

The Dilemma and the Opportunity

Accessibility issues frequently pose a major dilemma for park (and all recreation) professionals. The problem is that managers are responsible and liable for a host of accessibility challenges. There are two topics at issue. One is the Americans with Disabilities Act. The other is a host of accessibility regulations and guidelines. Both of these matter, but they are different and should not be confused. The ADA is a civil rights law. Accessibility regulations are just that-regulations. Recreation facilities and programs are subject to both.

The Rules Are Changing and Standards and Guidelines Are Evolving!

Accessibility requirements are being defined in two areas-court decisions and administrative rules. Court decisions are one basis for defining what actions you will need to take to minimize accessibility liability. Regulations are also evolving, especially those that affect outdoor recreation and developed areas. Do not count on "existing condition" or "grandfathering" protections. The ADA does require you to provide access for pre-existing programs and facilities even if standards for those facilities do not exist. Efforts are underway to finalize recreation facility standards, and it is suggested that the Recommendations for Accessibility Guidelines: Recreational Facilities and Outdoor Developed Areas, developed by a national advisory committee be utilized until final standards are available. These guidelines are very comprehensive but will probably not be finalized until sometime in 1997. Utilizing them now, along with a lot of common sense, will go a long way in providing accessibility and will significantly decrease the possibility of being in violation of the law.

When Must You Take Action to Conform to the Accessibility Requirement?

Here are some examples of situations when you must take actions to conform to the accessibility requirements.

New Construction
All new facilities including recreation facilities must be accessible. All elements of buildings, parking and site must comply fully with existing ADA Design Guidelines (ADAAG), published July 1991, or other applicable codes. All elements covered under the draft Outdoor Recreation Design Guidelines are to be accessible, utilizing the best information available. At this point in time, the best information available is found in the National Advisory Committee recommendations and related documents.

When Remodeling
When remodeling occurs, those areas being remodeled must comply fully with the appropriate standards and guidelines, when technically feasible and when the design solutions do not significantly alter the experience.

Any time You Offer Programs and Service to the Public
If you offer programs or service to the public, they must be accessible to everyone. Some kinds of programs are relatively simple to make accessible. For example, you must provide accessible picnic tables, camp sites and trails. Not all table and sites need to be accessible, but a reasonable percentage must be. Some programs are inherently fraught with challenges. Even donkey tours of the Grand Canyon and whitewater rafting programs have to be accessible, as long as they can be made so without " undue financial burden," without "changing the fundamental nature of the activity" and the disabled participant is deemed to be "an otherwise qualified individual."

In situations where access cannot be provided, alternative ways of providing program access are sometimes permissible. For example, a recycling program in southern Minnesota offered public tours of its facility. When accessibility became an issue, and the required modifications were considered extreme, the agency stopped offering public tours. In contrast, another recycling center continued its public tours and made them accessible. Some parts of the tour were difficult to make accessible. Those areas were made accessible through videotape presentation and by using mirrors that were strategically located with viewing windows. Agencies do have options regarding how the programs will be made accessible. Consulting with representatives of groups of people with disabilities and with technical experts will assist in choosing the best and most cost-effective option.

Excerpted from "The Americans with Disabilities Act and Public Recreation: Fact, Fiction and Common Sense" by Julee Quarve-Peterson. Reprinted from "TRENDS," Vol.33, no. 1, 1996. "TRENDS" is cooperatively produced by the National Park Service and the National Recreation and Park Association (NRPA), a private, nonprofit organization. Copies can be purchased from the NRPA for $8.00 per issue. Call 703-578-5564.

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DOJ ENFORCEMENT UPDATE

Recent Decisions from the U.S. Department of Justice

NCAA is Covered by Title III

The U.S. District Court for the Western District of Washington ordered the National Collegiate Athletic Association to allow the University of Washington to continue to provide an athletic scholarship to Toure Butler, a college freshman with a learning disability who is a member of the University of Washington football team. Butler claims that the NCAA rules regarding high school courses and test scores discriminate against him because of his learning disability, and that reasonable modifications in policy should be made to grant him eligibility. The Department filed an amicus brief in Butler v. National Collegiate Athletic Association arguing that the NCAA is covered by Title III, because the NCAA is a private entity that "operates" places of public accommodation such as athletic training facilities and stadiums. The court agreed with the Department's position on coverage and issued a preliminary injunction.

Court Orders Line of Sight Over Standing Spectators

A Federal court in Washington, D.C., ruled, after trial in Paralyzed Veterans of America v. Ellerbe Becket Architects and Engineers, P.C., that the designs for the MCI Center, a new indoor basketball and hockey arena under construction in downtown Washington, violate the ADA's architectural requirements for newly constructed facilities. The court earlier held, as the Department argued in an amicus brief, that the requirement that wheelchair users have lines of sight to the arena floor that are comparable to those for other spectators means that wheelchair users must be able to see over other spectators when those spectators stand up. In reaching this conclusion, the court deferred to the Department's long-held position that wheelchair seating locations must provide wheelchair users with such lines of sight over standing spectators. After trial, the court ruled that the wheelchair seating locations were not adequately distributed throughout the different categories of seating-there were too many wheelchair locations in the end zones, and too few along the sides of the court or ice. The court gave the arena owner 30 days to submit a new design for the seating bowl. The case is now on appeal.

Formal Settlement Agreement is Reached Concerning Effective Communication

The police department of North Kingston, Rhode Island, agreed to adopt a formal written policy ensuring effective communication in situations involving contact between officers and members of the public who are deaf or hard of hearing. The settlement agreement resolved a complaint alleging that the police department failed to interview a deaf individual who witnessed a fatal automobile accident.

Formal Settlement Agreement in Title II Historic Building

The Department of Justice signed an agreement with the State of Massachusetts providing for access to Doric Hall, located in the eighteenth century section of the Massachusetts State House in Boston. Doric Hall is currently inaccessible to individuals with mobility impairments because of five steps. The settlement agreement provides for alterations to Doric Hall, including the installation of a lift. Until the alterations are completed, the State has agreed to implement a policy requiring all services currently in an inaccessible location to be relocated, upon request, to an accessible area of the State House.

DOJ Resolves Cases Through Informal Settlements

* Title II: A county supervisor of elections in Florida agreed to resurface a parking lot, sidewalk, and entrance to a polling facility to make it more accessible.

* A midwestern State department of corrections agreed to provide Brailled materials and a Braille typewriter to an inmate with impaired vision.

* Title III: A small-town restaurant in upstate New York modified its policies to allow patrons who use service animals access to the restaurant, and also removed architectural barriers in the parking lot.

The above material is excerpted from "Enforcing the ADA, A Status Report from the Department of Justice (October - December 1996)." Call our Center for a copy of the full report: 800-949-4232 V/TTY or download from the DOJ Home Page, linked to www.adaptiveenvironments.org

**And, from a recent DOJ press release...

Festival to Become More Accessible to People With Disabilities

Washington, D.C.
Under a recent agreement reached with the Department of Justice, Mid-America Festivals, the operator of the Minnesota Renaissance Festival, will make its facilities more accessible for persons with disabilities. The festival, which is the largest of its kind in the country, features a variety of entertainment, art and crafts vendors, and food specialties from Renaissance Europe. The settlement resolves a complaint filed under the ADA by a Wisconsin man who uses a wheelchair. He alleged that he was unable to visit many of the shops and booths at the festival because they were not accessible, and that some shops had ramps that were dangerously steep. Under the agreement, Mid-America Festivals will lower ticket booths and food counters, maintain an accessible prepared path to the entrance and exit of the facility, provide accessible portable restroom facilities and telephones, ensure that all barriers to access are removed from independently owned shops where readily achievable, and pay civil penalties to the government. The Festival operators have already implemented many of these changes for the 1996 festival as a result of the Department's investigation.

For a copy of the press release call the DOJ's ADA Information Line at 800-514-0301 Voice or 800-514-0383 TTY or, access the DOJ's ADA home page by hot linking from our web site at www.adaptiveenvironments.org

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ADA DESIGN SOLUTIONS

Readily Accessible Barrier Removal: Van Accessible Parking Spaces

Public accommodations must remove architectural barriers that are structural in nature in existing facilities when it is "readily achievable" to do so. Readily achievable means easily accomplishable and able to be carried out without much difficulty or expense.

If readily achievable, the first accessible parking space that is provided as part of barrier removal activities should be a van accessible space. This type of parking space can be used by both vans and by cars and makes it possible for people using wheelchairs and lift equipped vans to safely enter and exit their vehicles.

Examples of barrier removal related to accessible parking may include restriping a section or sections of a parking lot to provide accessible parking spaces with designated access aisles, installing signs that designate accessible parking spaces to the building entrance, and providing a marked crossing where the accessible route crosses a vehicular way. Where parking lot surfaces slope more than 1:50, select the most nearly level area that is available for the accessible parking spaces. When selecting the area for the accessible parking spaces, consider the location of the accessible route that must connect the access aisle to the facility's accessible entrance(s).

This material is excerpted from ADA TA: Technical Assistance Updates from the US Department of Justice. This illustrated booklet provides practical information on how to comply with the ADA. Available by calling us at 800-949-4232 V/TTY.

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BUILDING YOUR ROLODEX

National Center on Accessibility
Provides training, technical assistance, publications and research studies in the areas of parks and recreation. 800-424-1877 Voice and TTY, www.indiana.edu/~nca/

National Park Service (NPS) Accessibility Office:
Resource center for technical data and design work concerning accessibility. 202-343-7040. For general information and for phone numbers of individual park sites, 617-242-5667, www.nps.gov

National Recreation and Park Association (NRPA)
In a cooperative effort with the NPS the NRPA produces three quarterly publications, "Trends", "Grist" and "Design", all of which occasionally feature articles on accessible park design and structures. 703-820-4940

U.S. Department of Transportation (DOT)
Offers technical assistance on ADA provisions applying to public transportation. Documents and questions, 202-366-1656 Voice. 202-366-4567 TTY. Complaints and enforcement, 202-366-2285 Voice. 202-366-0153 TTY. www.fta.dot.gov

Federal Communications Commission (FCC)
Offers technical assistance on ADA telephone relay service requirements. Documents and questions, 202-418-0190 Voice. 202-418-2555 TTY. Complaints and enforcement, 202-632-7553 Voice. 202-632-0845 TTY. For information about the Telecommunications Act of 1996 visit www.fcc.gov

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NEWS FROM AROUND THE REGION

New England ADA & Accessible IT Center Contracts with Six States

The New England ADA & Accessible IT Center has contracted with the following organizations in each New England state to act as "state affiliates" for the purpose of providing information and training to the business, government, nonprofit, and disability communities and to support voluntary compliance with the Americans with Disabilities Act. Anyone in New England who has questions about their rights or responsibilities under the ADA can call us toll-free at 800-949-4232 (V/TTY) or call one of the affiliates who are state experts for specialized assistance.

ADA Coalition of Connecticut
P.O. Box 524 Stratford, CT 06497-0524 Suzanne Liquerman 860-297-4383 Voice 860-566-2102 TTY suzanne.liquerman@po.state.ct.us

Maine Advocacy Services
P.O. Box 2007 Augusta, ME 04338 Jim McGurty 207-626-2774 x118 V/TTY advocate@mint.net

Massachusetts Office on Disability
1 Ashburton Place Boston, MA 02108 Lorraine Greiff 617-727-7440 V/TTY 800-322-2020 (MA only) lgreiff@state.ma.us

NH Governor's Commission on Disability
57 Regional Drive Concord, N.H. 03301 Mike Jenkins 603-271-2773 V/TTY m_jenkin@tec.NH.US

RI Governor's Commission on the Handicapped
555 Valley Street Providence, RI 02908-5686 Albert Tardie 401-277-3731 V/TTY ri.able.too@juno.com

Vermont Center for Independent Living
11 East State Street Montpelier, VT 05602 Susan Reid 802-229-0501 V/TTY vcil@plainfield.bypass.com

Maine Design Professionals and Code Officials Attend ADA/ Life Safety Workshops

More than two hundred architects, design professionals and code enforcement officials from across Maine took advantage of the Maine State Planning Office sponsored two-day ADA workshops held in October and November, 1996, in Auburn, Bangor and Gorham. The workshops, primarily developed for the training and certification of local enforcement officers and building inspectors, were opened to design professionals and endorsed by the Maine chapter of the AIA.

Developed and coordinated by architect Denis Pratt of Alpha One, South Portland, Maine, workshop co-presenters included New England ADA Technical Assistance Center training director Kathy Gips and information specialists Kathleen Egan and Lisa Rouelle. Donna Emerson, architect and fire protection specialist with the Maine State Fire Marshal's Office also presented on life safety issues and enforcement that affect accessibility compliance.

Informational presentations featured the newly enacted Maine accessibility regulations that now incorporate Title III of the ADA and the ADA Accessibility Guidelines. An advanced "practical application" workshop is planned for the fall of this year. For more information, contact Denis Pratt at Alpha One, 207-767-2189.

Connecticut Conference of Municipalities (CCM) and the State Office of Protection and Advocacy

Produce an ADA Newsletter for Connecticut cities and towns. The winter 1997 issue highlights the work of New Haven ADA Coordinator Sally Esposito and the participatory process that she manages to update New Haven's Self Evaluation Plan. Ongoing meetings provide an opportunity for each department to evaluate its policies and practices. For a copy of the materials used in the New Haven Self Evaluation Update, contact Cathy Erhardt at CCM, 203-498-3042.

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GREAT WEB SITES

National Council on Accessibility
www.indiana.edu/~nca/
This is a great web site with information on recreational accessibility including golf courses, swimming pools and outdoor trails.

National Park Service
www.nps.gov/
The state by state listing of parks provides brief access information on each park.

U.S. Access Board
www.access_board.gov
Contains useful accessibility information about the ADA including commonly asked questions and answers, and the Americans with Disabilities Act Accessibility Guidelines (ADAAG).

Equal Employment Opportunity Commission (EEOC)
www.eeoc.gov
This is the long awaited site of the federal agency responsible for enforcing the ADA employment regulations. It includes press releases on new guidance as well as recent court decisions.

ADA-TA
www.icdi.wvu.edu/tech/ADA.HTM
A central web site with links to the ten Disability and Business Technical Assistance Centers across the country, the ADA national training projects, and disability related Federal Register notices. (Note the correct address! Our apologies for omitting a "dot" after wvu when we published this in our winter issue.)

The New England ADA & Accessible IT Center
www.adaptiveenvironments.org
Our own site, with hot links to key federal ADA resources, New England information, the ADA National Access to Public Schools Project and universal design resources.

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FREQUENTLY ASKED QUESTIONS

Specific ADAAG Questions

The following questions have been compiled by the Access Board technical assistance staff. Visit their web-site at www.access_board.gov for answers to other frequently asked questions.

Q:Are the mats placed on the floor of my office lobby during wet weather considered carpet that must be firmly attached? (ADAAG 4.3 Accessible route)

A: No, such mats are "furnishings" not covered by ADAAG. However, section 36.211 of the Department of Justice rule requires that accessible features be maintained so such furnishings cannot degrade the accessible route. So-called "walk-off mats" are designed to provide traction on wet floors and, as long as they are stable and do not pose a tripping hazard, they may actually improve the accessibility of a surface. On the other hand, loose throw rugs, for example, could decrease the accessibility of a surface.

Q: Is there a specific coefficient of friction required for a surface to be "slip resistant"? (ADAAG 4.5.1)

A: No. There are a variety of ways to measure the coefficient of friction for different materials and no single test device or procedure has been identified. A Board sponsored research project, described in the ADAAG Appendix Section A4.5.1, suggested some values but, without a defined test procedure, these recommendations cannot be applied.

Q: ADAAG specifies that carpet must be firmly attached. Does this mean that each individual carpet tile must by glued down? (ADAAG 4.5.3)

A: No. The requirement is to ensure that the carpeted surface provides a firm and stable surface. When carpet tiles are used, they are frequently installed with some tiles glued down and others held in place by friction. As long as the resulting carpeted surface remains firm and stable, that is, the tiles don't move, the carpet is considered to be firmly attached.

Q: Are curb ramps required to have detectable warnings?

A: Not at the present time. The requirements for detectable warnings on curb ramps, at hazardous vehicular areas and at reflecting pools are suspended until July 26, 1998. Detectable warnings are still required on transit platform edges. (Formerly ADAAG 4.7.7)

Common Questions About Title II of the ADA

Q: Does a city have to provide curb ramps at every intersection on existing streets?

A: No. To promote both efficiency and accessibility, public entities may choose to construct curb ramps at every point where a pedestrian walkway intersects a curb, but they are not necessarily required to do so. Alternative routes to buildings that make use of existing curb cuts may be acceptable under the concept of program accessibility in the limited circumstances where individuals with disabilities need only travel a marginally longer route. In addition, the fundamental alteration and undue burden limitations may limit the number of curb ramps required. To achieve or maintain program accessibility, it may be appropriate to establish an ongoing procedure for installing curb ramps upon request in areas frequented by individuals with disabilities as residents, employees, or visitors. However, when streets, roads, or highways are newly built or altered, they must have ramps or sloped areas wherever there are curbs or other barriers to entry from a sidewalk or path. Likewise, when new sidewalks or paths are built or altered, they must contain curb ramps or sloped areas wherever they intersect with streets, roads, or highways. Resurfacing beyond normal maintenance is an alteration. Merely filling potholes is considered to be normal maintenance.

The Title II questions were excerpted from a document published by the Department of Justice's Public Access Section. The full 6-page document is available from our Center by calling 800-949-4232 V/TTY.

And... here are some of the frequently asked questions we've received from YOU. Call us for answers!

* Must our town provide wheelchair access to an existing town hall even though there is no one with a disability living here?

* I run a municipal recreation department summer camp; may I require a parent to submit documentation regarding their child's disability?

* May a physician's office or a municipality place a surcharge on an individual to cover the cost of providing an interpreter?

* Is my historic property exempt from having to comply with the ADA? Are any buildings "grandfathered"?

* I want to rent second-floor space for my business. Am I required to install an elevator? What is the land lord required to do? What about parking and rest rooms?

* Must my restaurant provide Braille menus to our customers?

* Must a municipal pool provide accessible locker rooms for pool users?

* Is my employer required to provide me with an accessible parking space?

Call 800-949-4232 for answers and guidance.

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PUBLICATIONS

Recommendations for Recreation and Outdoor Areas
This report from the Access Board presents the recommendations of the Recreation Access Advisory Committee, and was published in July, 1994. While the recommendations are neither proposed nor final accessibility guidelines, they do represent the most current comprehensive guidance available. Accessibility issues addressed in the report are sports facilities, places of amusement, play settings, golf courses, boating and fishing facilities and outdoor developed areas. 201 pages, $2. A seven page Executive Summary is available at no charge.

A Guide to Disability Rights Laws
This guide, produced in October of 1996 by the U.S. Department of Justice, provides an overview of Federal civil rights laws that ensure equal opportunity for people with disabilities. In addition to the ADA, the guide covers the Fair Housing Act, the Air Carrier Access Act, the Civil Rights of Institutionalized Persons Act, the Individuals with Disabilities Education Act, the Rehabilitation Act and the Architectural Barriers Act. 14 pages, no charge.

ADA Guide for Small Businesses
Written by the Department of Justice, this illustrated guide presents an overview of some basic ADA requirements for small businesses that provide goods and services to the public. Numerous photographs and examples of barrier removal in the following areas: parking, entrances, doors, turnstiles and security gates, service counters, and fixed seating and tables. The guide also contains guidance on communicating with customers and information about available tax credits and deductions. 15 pages, no charge.

To order any of the above items, please call our Center at 800-949-4232 V/TTY. Or, you may e-mail to adaptive@adaptiveenvironments.org Be sure to include a phone number and mailing address with e-mail inquiries. Some shipping and handling charges may apply. Materials are available in alternate formats upon request.

*Also Available...

Public Rights-of-Way Videos
The Access Board has recently released the first two of four videos in its "Designing Accessible Sidewalks" series. Produced for use by site, civil, and public works designers, the videos provide valuable information that will aid engineers in designing barrier-free sidewalks and street crossings for pedestrians who are blind and pedestrians who use wheelchairs. Each video is approximately ten minutes in length. Design Issues for Pedestrians Who Use Wheelchairs, and, Design Issues for Pedestrians Who Are Blind are now available from the Access Board for use free by the public through a video loan program. Individuals and organizations may make as many copies as they wish before returning them. Limited quantities of the videos are also available for purchase at $10 each. Requests should be mailed to Lois Thibault, Training Coordinator, U.S. Access Board, 1331 F Street, NW, Suite 1000, Washington., DC 20004-1111. Requests may also be sent via fax to: 202-272-5447 or e-mail: thibault@access_board.gov (please include name, telephone number and full address).

Swimming Pool Accessibility Study
Recently completed for the Access Board by the National Center on Accessibility (NCA), this report is the result of a national research study on the means by which people with disabilities access swimming pools. The Final Report is a comprehensive document which includes a review of the literature, methods and results from surveys of people with disabilities and aquatics professionals, findings from pool testing of designs and devices used for water entry, recommendations with supporting rationale for providing pool access and product specifications. In addition to the Final Report (366 pages; $25, plus shipping and handling), the NCA is making available a condensed report, Recommendations & Product Information, that is suggested for planners, architects, engineers, aquatic directors, and pool managers, (88 pages; $7.50, plus shipping and handling) and an Executive Summary, a brief, 7 page summary available at no cost. For copies of any of these reports call the NCA at 800-424-1877 V/TTY or contact their web-site at http://www.indiana.edu/~nca/

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EVENTS/ ANNOUNCEMENTS

Here are a few of the events scheduled around the region for the spring. For a more comprehensive listing of ADA related events, check the calendar at our web site, www.adaptiveenvironments.org

Assistive Technology '97 AT Work - AT School - AT Home - AT Play
May 21, 1997 at the World Trade Center, Boston, MA Sponsored by the Mass Assistive Technology Partnership Project. For information 617-355-7820 Voice or 617-355-7301 TTY

Disabilities, Business and the Bottom Line
A conference for business owners, supervisors, personnel, attorneys, and human service providers May 21, 1997 at the Sheraton Conference Center, Burlington, VT. Sponsored by the Vermont Association of Business, Industry & Rehabilitation (VABIR) For information 802-655-7215 V/TTY

Cultural Access Institute
A national conference to support cultural access for people with disabilities. Limited to pre-registered teams. May 27 - 30, 1997 at the Royal Sonesta Hotel, Boston, MA. Sponsored by Very Special Arts Massachusetts in cooperation with the Mass Office on Disability and the Mass Cultural Council For information 617-350-7713 V/TTY

ADA Conference
American Institute of Architects will hold an ADA conference in Washington, DC, June 12 -13, 1997. For more information, contact the AIA at 202 626 7300.

New England ADA & Accessible IT Center Training Events
In March, New England ADA & Accessible IT Center staff participated in two days of in-depth Title 1 employment discrimination training conducted by Sharon Rennert of the U.S. Equal Employment Opportunity Commission. The training used the case study method to analyze the following topics: reasonable accommodation/undue hardship, definition of disability/mental impairment, disability related questions/medical examinations, definition of disability/regarded as substantially limited in working, determining the essential functions of a position, and direct threat. To spread the knowledge, Kathy Gips, Director of Training, will be conducting five training sessions in June throughout New England for people who provide technical assistance or training on the ADA. For more information call 800-949-4232 V/TTY or 617-695-1225 ex. 23 V/TTY or KGips@adaptiveenvironments.org.

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Look for the summer issue of Access New England focusing on public schools and our fall issue covering areas of concern to employers and employees.

Moved recently? Changed your name? No longer interested in receiving our newsletter? Let us know so we can keep our mailing list up-to-date and effective. Call us at 800-949-4232 V/TTY, e-mail us at adaptive@adaptiveenvironments.org or drop us a line at 374 Congress Street, Suite 301, Boston, MA 02210.

Access New England is published quarterly by the New England ADA Technical Assistance Center. The center is one of ten Regional Disability and Business Technical Assistance Centers funded by the National Institute on Disability and Rehabilitation Research (NIDRR) to provide information, materials and technical assistance to individuals and entities that are covered by the Americans with Disabilities Act (ADA). However, please be aware the NIDRR is not responsible for enforcement of the ADA. The information, materials and/or technical assistance are intended solely as informal guidance and are neither a determination of your legal responsibilities under the Act, nor binding on any agency with enforcement responsibility under the ADA.

Access New England is available in large print, Braille, audio cassette, and computer disk, upon request.

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