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  • TBA: U.S. Department of Justice Enforcement Activities presented by Toni Pochucha and Regina E. Morgan
  • TBA: The ADA and Transportation presented by Marilyn Golden
  • TBA: Accommodations for People with Disabilities presented by Fong Chan

In the News

Updated July 28, 2010

New Title II and Title III Accessibility Standards Adopted

On Friday, July 23, 2010, Attorney General Eric Holder signed final regulations revising the Department of Justice’s ADA regulations, including its ADA Standards for Accessible Design. These regulations will be published in the Federal Register. The revised regulations will amend the Department’s Title II regulation, 28 C.F.R. Part 35, and the Title III regulation, 28 C.F.R. Part 36. Appendix A to each regulation includes a section by section analysis of the rule and responses to public comments on the proposed rule. Appendix B to the Title III regulation discusses major changes in the ADA Standards for Accessible Design and responds to public comments received on the proposed rules.

In general, these final rules will take effect 6 months after the date on which they are published in the Federal Register. Compliance with the 2010 Standards for Accessible design is permitted after that date, but not required until 18 months after the date of publication. The Department of Justice has prepared fact sheets identifying the major changes in the rules.

Updated July 26, 2010

Impact of the ADA - Results from 20th Anniversary Survey

Hailed as the Bill of Rights for 54 million people in the United States with physical and mental impairments, the Americans with Disabilities Act (ADA) of 1990 has fulfilled much of its promise since it went into effect 20 years ago, according to an online survey of disability leaders by Dr. Lex Frieden, a professor of biomedical informatics at The University of Texas Health Science Center at Houston (UTHealth).

Signed into law by President George H. W. Bush on July 26, 1990, the law was intended “to provide a clear and comprehensive national mandate for the elimination of discrimination against people with disabilities.”

Requiring shops, restaurants, theaters, hotels and other public places to make accommodations for people with disabilities, the act made it possible for all members of the community  to engage in everyday activities like shopping and going out to eat and to the movies.

To gauge the impact of the ADA on the disability community, Dr. Frieden created a 24-item non-scientific survey for leaders in the disability community. The survey was completed by 872 people in more than 400 communities in all 50 states.

“Overall, 90 percent of survey respondents believe that the quality of life for people with disabilities in communities across the United States has improved greatly since the passage of the ADA,” Dr. Frieden said. “But, respondents also pointed out that there are opportunities to be realized and challenges to be overcome.”

Dr. Frieden, who uses a wheelchair following a 1967 traffic accident in college in which his spinal cord was severed, helped craft the ADA. Frieden directs the independent living research program at TIRR Memorial Hermann and is the convener of the National Advisory Board (NAB) on Improving Health Care Services for Seniors and People with Disabilities, which is sponsored by Amerigroup Corp.

“Two thirds of the survey respondents with disabilities believe the ADA legislation has had more influence on their lives than any other social, cultural or legislative change in the last 20 years,” Frieden said.

One survey respondent wrote: “I became disabled in 1982. I woke up from a coma to find out I was a second class citizen! I could not go anywhere or do anything. I was an RN and lost my license because I was disabled. In 1990, ADA changed all that. To me the ADA means I have my civil rights and liberties back. I’m a real person again just like everyone else.”

More than 58 percent of those surveyed agreed that access to public accommodations, retail and commercial establishments has shown the greatest improvement since the passage of the ADA, Dr. Frieden said.

“Almost all shops and restaurants are now accessible in the small community where I grew up in. It is wonderful to be able to access these establishments with our non-disabled peers,” a respondent wrote.

Dr. Frieden said survey respondents described remarkable improvements in the area of transportation for people with disabilities. Said one survey taker, “In my city, the public transit system is ADA compliant. One hundred percent of the fixed bus routes are wheelchair accessible. I can travel throughout the region to visit family and friends!”
Survey respondents also credited the ADA with making it easier for people with disabilities to get jobs.

“ADA has enabled my daughter to be part of the workforce and have a sense of purpose. Before, she sat at home with nothing to do. She is now more outgoing and just a totally different person,” one survey taker reported.

Another wrote, “Thanks to the ADA, I’m able to work a full time job as a professional and live independently as an adult should in my own apartment. I’m free and confident and proud that my country understands the importance of each individual.”

However, according to Dr. Frieden, respondents expressed disappointment with the progress being made by people with disabilities to become financially independent. According to Americans with Disabilities, a 2005 report by the U.S. Census, the employment rate for people with disabilities, ages 21-64, is 46 percent. The employment rate of people without disabilities in the same age group is 84 percent.

Frieden said the survey underscores the need for aggressive action to address unemployment and healthcare gaps. He also emphasized the need to provide housing and personal assistance services for the 79 million Baby Boomers who will face the increasing risk of disability as they age.

Results of the survey were announced at the National Press Club in Washington, D.C., on July 22 at an event sponsored by Amerigroup Corp. According to Amerigroup chairman and CEO James G. Carlson, “The survey reveals the need to provide a comprehensive array of community-based services to support independent living for people with disabilities and seniors.”

New Health Care Access Guidance Promotes Preventive Medical Care Services for People with Mobility Disabilities

WASHINGTON –The Department of Justice’s Civil Rights Division and the Department of Health and Human Services’ (HHS) Office for Civil Rights issued new technical assistance guidance for medical providers which will help people with mobility disabilities obtain accessible medical care. Access to Medical Care for Persons with Mobility Disabilities will assist medical care providers in understanding how the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 apply to them. This 19-page document includes an overview of general ADA requirements, commonly asked questions, and illustrated examples of accessible facilities, examination rooms and medical equipment.

Title III of the ADA prohibits discrimination on the basis of disability by private hospitals, doctors’ offices, clinics and other health care providers. Section 504 of the Rehabilitation Act of 1973, as amended prohibits disability based discrimination by all health care providers that receive federal financial assistance

Department of Justice Announces Plans to Prepare New ADA Regulations.

The Justice Department announced that it will publish four new Americans with Disabilities Act proposals addressing the accessibility of websites, the provision of captioning and video description in movies shown in theaters, accessible equipment and furniture, and the ability of 9-1-1 centers to take text and video calls from individuals with disabilities. The proposals are in the form of advance notices of proposed rulemaking, or ANPRMs, which provide information on these ADA issues and ask questions seeking comments and information from the public. The four ANPRMs will be published in the Federal Register on July 26, 2010.

Web Accessibility

State and local governments, businesses, educators, and other organizations covered by the ADA are increasingly using the web to provide information, goods, and services to the public. In the web accessibility ANPRM, the department presents for public comment a series of questions seeking input regarding how the department can develop a workable framework for website access that provides individuals with disabilities access to the critical information, programs, and services provided on the web, while respecting the unique characteristics of the internet and its transformative impact on everyday life.

Next Generation (NG) 9-1-1

9-1-1 centers are moving towards an Internet-enabled network to allow the general public to make a 9-1-1 “call” via voice, text, or video over the Internet and directly communicate with personnel at the centers. The NG 9-1-1 ANPRM seeks information on how the centers may be able to provide direct access to 9-1-1 for individuals with disabilities as they implement new communication technologies.

Captioning and Video Description in Movies Shown in Movie Theaters

Recent technologies have been developed to provide closed captions and video description in movies being shown at movie theaters. Movie studios have begun to produce and distribute movies with captioning and video description. However, these features are not generally made available at movie theaters. In the captioning and video description ANPRM, the department asks for suggestions regarding the kind of accessibility requirements for captioning and video description it should consider as proposed rules for public comments, particularly in light of the industry’s conversion to digital technology.

Equipment and Furniture

Full use of the nation’s built environment can only be fully achieved by the use of accessible equipment. There is now improved availability of many different types of accessible equipment and furniture, ranging from accessible medical exam tables, chairs, scales, and radiological equipment and furniture to “talking” ATMs and interactive kiosks. In the equipment and furniture ANPRM, the department poses questions and seeks comments from the public, covered entities, equipment manufacturers, advocacy and trade groups about the nature of accessibility issues and proposed solutions for making equipment and furniture accessible to persons with disabilities.

Updated July 21, 2010

Federal Transit Administration Americans with Disabilities Act Update

The Federal Transit Administration's Office of Civil Rights has updated its ADA website, to reflect the posting relevant Letters of Finding from June 2005 forward.

The July 2007 Transit Cooperative Research Program (TCRP) Legal Research Digest 23, “The Americans with Disabilities Act: The Federal Transit Administration’s Letters of Findings and Compliance Assessments,” indexed by subject and issue Letters of Finding between June 1996 and June 2005. Going forward from the timeframe covered by the TCRP Digest, we will post relevant Letters of Finding, using a subject and issue index similar to that of the Digest for consistency and user ease.

Letters of Finding are issued as the result of investigation, analysis, and determinations of complaints received by the FTA Office of Civil Rights. These documents are administratively determined and are not precedential in nature. Generally, letters of finding, which are normally addressed to a specific individual or entity, set forth the agency’s determination regarding an issue involving a specific factual situation. Such letters may be helpful to others when dealing with the same issue involving similar facts.

Updated June 1, 2010

New Disability Nondiscrimination Law Advisor from the U.S. Department of Labor

This Advisor is designed to help employers determine which federal disability nondiscrimination laws apply to their business or organization. The Advisor also helps recipients of federal financial assistance understand their responsibilities under these laws.

The Advisor will provide you with a customized list of federal disability nondiscrimination laws that may apply and links to detailed information that will help you understand your requirements under these laws.

Employees, job applicants, applicants for or participants in programs that receive federal financial assistance, and individuals receiving services from public entities may also find this Advisor helpful to learn more about their rights under these federal disability nondiscrimination laws.

The following federal disability nondiscrimination laws are addressed by this Advisor:

  • Title I of the Americans with Disabilities Act of 1990 (ADA)
  • Title II, Subtitle A, of the Americans with Disabilities Act of 1990 (ADA)
  • Section 188 of the Workforce Investment Act of 1998
  • Section 504 of the Rehabilitation Act of 1973, as amended (only as it pertains to federal financial assistance)
  • Section 503 of the Rehabilitation Act of 1973, as amended
  • The Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended

Updated April 28, 2010

Texas Healthcare Workers Wanted for Study Participation

Do you work in health care in Texas and have a colleague or supervise someone who has a disability? Or, are you a person with a disability who works in health care in Texas?

(By 'disability' we mean any kind of physical or mental impairment you currently have or had that lasted more than 6 months that limits or limited a major life activity for you — it could be arthritis, diabetes, a back injury, depression or a history of cancer or addiction to drugs or alcohol.— any health condition or impairment that currently does or in the past made it a lot harder for you than for the average person to walk, lift, sit, stand, read, concentrate, learn, see, hear, speak, bathe or engage in other major life activities.)

If so, researchers from SEDL would like to interview you about your work experiences.

We will give you a gift card of $25 as a thank you.

Focusing on those who work in hospital, medical and dental clinics and similar settings, the goal is to conduct one-on-one interviews, either face-to-face or by telephone, with individuals with disabilities, and with people who manage or supervise people with disabilities.

Please e-mail dbtac@sedl.org or call 1-800-476-6861 and ask for Kathleen Murphy to make arrangements. The research protocol has been reviewed by the Committee for the Protection of Human Subjects of the University of Texas Health Science Center at Houston (HSC-MH-08-0373).

Board to Set Standards for Medical Diagnostic Equipment

The healthcare reform measure recently passed by Congress and signed into law by President Obama includes provisions to address access for people with disabilities to medical diagnostic equipment. The "Patient Protection and Affordable Care Act" authorizes the Access Board to develop new access standards for medical diagnostic equipment including examination tables and chairs, weight scales, x-ray machines and other radiological equipment, and mammography equipment. Access to such equipment, which has been problematic, is not addressed by existing accessibility standards or regulations, including those issued under the Americans with Disabilities Act (ADA).

"The Board welcomes this opportunity to improve access to medical care for millions of Americans with disabilities," states David Capozzi, the Board's Executive Director. "The standards to be developed will fill a critical gap and help ensure that the equipment used to provide such care is accessible to all." The Board develops and maintains accessibility guidelines and standards for facilities, outdoor environments, transportation, and information and communication technologies under the ADA and other laws.

The law directs the Board to issue the new standards within two years in consultation with the Food and Drug Administration. The standards are to address independent access to, and use of, medical diagnostic equipment by people with disabilities to the maximum extent possible. The Board is also responsible for periodically reviewing and updating the standards. The law implements these provisions through amendments to the Rehabilitation Act. For more information, contact David Baquis of the Access Board at baquis@access-board.gov, (202) 272-0013 (v), or (202) 272-0082 (TTY).

FCC's Broadband Plan Addresses Improved Accessibility

The Federal Communications Commission (FCC) recently released a comprehensive blueprint to expand the availability and benefits of broadband technology, including high-speed internet service, throughout the nation. The plan offers strategies to make broadband available to all Americans and to maximize its use in order to improve economic output, education, homeland security, healthcare, and energy efficiency. "Connecting America: The National Broadband Plan" recommends actions the FCC and other Federal agencies, as well as Congress, can take to achieve key goals, including making broadband available to all Americans and improving access for people with disabilities to enabled technologies.

"We must make clear that building in accessibility at the design and development stage is cost-effective, and that all of society benefits from the widespread use of accessibility features such as captioning, speech recognition, and speech output," stated FCC Chairman Julius Genachowski in announcing release of the plan. He noted that broadband-enabled applications create unique opportunities for accessibility and that recommendations of the plan will maximize broadband use by people with disabilities, the majority of whom do not have broadband connection in the home.

The plan calls for the Federal government to become a model for accessibility and recommends creation of a working group of Federal agencies, including the Access Board, to coordinate efforts to improve accessibility and compliance with laws such as Section 508 of the Rehabilitation Act. It also recommends creation of a forum where stakeholders, including consumers, manufacturers, and service providers, can share best practices, promote innovation, and develop accessibility solutions. In addition, the plan advises the FCC and Congress to update laws and regulations, including FCC rules issued under Section 255 of the Telecommunications Act and the Hearing Aid Compatibility Act, to address access to Internet Protocol-based communications and video-programming technologies. Other agencies, such as the Department of Justice, are urged to address access to digital content in the private sector under the ADA. The plan is available online at www.broadband.gov.

Upcoming Board Webinars and Training Sessions

The next scheduled webinars in the Board's free monthly series will cover access to parking and passenger loading zones (May 6), sidewalks and street crossings (June 3), and signage (July 6). The webinars, which are scheduled from 2:30 - 4:00 (ET), are made available in cooperation with national network of ADA centers known as Disability and Business Technical Assistance Centers (DBTACs). Registration is free, but a modest fee is charged by the DBTACs to process continuing education credits. For more information, including registration instructions, visit www.accessibilityonline.org.

The Board also provides training on its guidelines and standards on a regular basis at various events across the country. Upcoming venues for Board programs include the annual National ADA Symposium in Denver (June 20 - 23) and the Southwest Conference on Disability in Albuquerque (October 7 - 9). In addition, the Board provides training upon request to Federal agencies, local and state governments, advocacy and trade groups, and private firms and companies. Recently, the Board conducted a series of trainings on updated facility standards for the U.S. Naval Facilities Engineering Command in California, Washington, and Virginia. Training programs are typically tailored to the needs and interests of each audience. For more information, visit the Board's website at www.access-board.gov/training.htm or contact Peggy Greenwell, the Board's Training Coordinator, at training@access-board.gov, (202) 272-0017 (v), or (202) 272-0082 (TTY).  

U.S. Postal Service Improves Access to Post Offices Nationwide

Although the volume of mail sent through the U.S. Postal Service has declined in recent years, the availability of local post offices remains popular with the public. Polls indicate that majorities of Americans support cost-saving measures, such as suspension of Saturday delivery, but not the closing of post offices in their area. The U.S. Postal Service (USPS) has undertaken a comprehensive program to improve access to post offices with a focus on leased properties, which comprise the majority of its inventory. Through its Leased Space Accessibility Program, USPS is surveying all of its approximately 27,000 leased facilities according to updated accessibility standards. These standards, which USPS adopted based on guidelines issued by the Board, include new provisions for customer service counters, a common subject of access complaints, and updated provisions for leased facilities. To date, USPS has surveyed more than half of its leased post offices and completed improvements and corrections at over 6,000 sites.

USPS also regularly addresses access concerns among the over 8,000 post offices it owns. Like other Federal facilities, postal facilities built or altered after 1969 are required to be accessible under the Architectural Barriers Act (ABA). The Access Board is responsible for enforcing the ABA through the investigation of complaints and works cooperatively with USPS to resolve cases concerning postal facilities. To improve compliance, USPS has conducted an extensive program to train facility personnel and contractors on the updated access standards. In addition, USPS is also improving access to self-service machines and kiosks, a staple at most post offices. New automated Postal Center machines being installed in post offices across the country provide accessible and user-friendly interactive features.

For further information on these programs, contact Jennifer Beiro-Reveille of USPS at jennifer.g.beiro-reveille@usps.gov or (703) 526-2750. Questions about access to a particular post office or other federally funded facility can be directed to the Board's Office of Compliance and Enforcement at enforce@access-board.gov, (800) 872-2253 (v), (800) 993-2822 (TTY), or through the Board's website at www.access-board.gov/enforce.htm.

Updated March 5, 2010

New Edition of Disability Law Handbook available!

March 4, 2010 – The National Network of ADA Centers is pleased to announce the release of the new edition of the Disability Law Handbook. Free copies may be downloaded or viewed on this website.

Hard copies can now be purchased for a $5 charge (includes shipping/handling).

Or call the ADA Center that serves you at 1.800.949.4232 v/tty to request a copy.

The Disability Law Handbook is a 64-page guide to the basics of the Americans with Disabilities Act and other disability related laws. Written in an FAQ format, The Disability Law Handbook answers questions about the Americans with Disabilities Act, the ADA Amendments Act, the Rehabilitation Act, Social Security, the Air Carrier Access Act, the Individuals with Disabilities Education Act, the Civil Rights of Institutionalized Persons Act, and the Fair Housing Act Amendments.

Updated January 21, 2010

American Indians with Disabilities Public Awareness Campaign

January 13, 2010 – The Disability Law Lowdown podcast just posted a podcast called American Indians with Disabilities Public Awareness Campaign --a technology adoption model for individuals with disabilities from minority populations, with our guest, Andy Winnegar. This podcast features a discussion of assistive technology awareness and outreach “best practice” utilizing Andy Winnegar’s work with Everett Rogers and his diffusion model.  Although his model is well documented, the application for people with disabilities, including those from minority populations, has not been.

Mr. Winnegar has been Deputy Director for Program Development and Support, New Mexico Division of Vocational Rehabilitation since 1991. He is the Director of the New Mexico Technology Assistance Program. He has authored successful federal proposals including working directly with Dr. Everett Rogers (Diffusion of Innovations Model) on the American Indian Public Awareness Campaign on Assistive Technology.  Andy was co-principal investigator for the Consumer Funded Technology Transfer Network that developed interactions between consumers and NIDRR funded rehabilitation engineer centers, fifty state assistive technology programs and seven hundred federal laboratories. This project was acknowledged as a best practice by the National Center for Dissemination and Disability Research and also received the non-government recognition award from the Federal Laboratory Consortium for Technology Transfer.

The Disability Law Lowdown podcast is available at www.DisabilityLawLowdown.com, as well as on iTunes. People can listen to the podcast directing from a computer or can download it to an MP3 player, like an iPod.

The Disability Law Lowdown provides the latest information about disability rights and obligations under the Americans with Disabilities Act, and other disability-related topics. Subscription is free.

The Disability Law Lowdown is provided by the National network of ten ADA Centers across the country, offering technical assistance and training in the Americans with Disabilities Act and other disability-related laws. The Disability Law Lowdown is available in English, Spanish, and American Sign Language.

contact us: DBTAC Southwest ADA Center
800-949-4232 or 713-520-0232 v/tty
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