Commenters stated that basing accessible seating on seating spaces and standing spaces potentially represents a significant increase in scoping, particularly given the ambiguity in what...
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226 and 902 Dining Surfaces and Work Surfaces
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Medical facilities
The Department is persuaded by these comments and has added Sec. 35.151(k)(3), which states that “[w]ith respect to medical and long-term care facilities in jails, prisons, and other detention...
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Section 36.401 New Construction (Preamble, Section-by-Section Analysis)
The proposed rule stated that ‘‘any public accommodation or other private entity responsible for design and construction’’ must ensure that facilities conform to this requirement....
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Q12: Full-depth Pavement Patching
If a public entity is unsure whether the scope of specific full-depth pavement patching constitutes an alteration, the best practice is for the public entity to work together with the State...
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Water Closet Clear Floor Space
The proposed rule stated that no fixtures (other than the water closet) or obstructions were to be located within the clear floor space (604.3.1)....
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Updates and Other Pocket Guides
We are currently finishing additional Pocket Guide versions covering selected state access standards. ...
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C. Federal Appellate Case Law
In Harkins, the Ninth Circuit reversed a district court decision dismissing a complaint for failure to state a claim and held that “closed captioning” and audio description are “auxiliary...
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Section 36.303(g)(1) Closed Movie Captioning
Other commenters disagreed, however, and stated that the Department should avoid using the term “closed captioning” to distinguish it from the “closed captioning” that is turned on at home...
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Specific Exclusions
The Act also states that the term "disability" does not include the following sexual and behavioral disorders: transvestism, transsexualism, pedophilia, exhibitionism, voyeurism...
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A. The Substantive Legal Dispute
that Defendants' failure to install and maintain such pedestrian rights of way constitutes a systematic denial of meaningful access and discrimination that, in turn, violates federal and state...
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606.2 Clear Floor Space (Exception 3)
Amendatory Language For the reasons stated in the preamble, we amend 36 CFR part 1191 as follows: In 606.2, revising Exception 3 to read as follows: 606.2 Clear Floor Space. * *...
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Resource Description
If you need technical assistance, please contact the OCR regional office serving your State or Territory by: visiting http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm, or...
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Consultation on auxiliary aid or service. (Section-by-Section Analysis)
Proposed § 36.303(c)(2) states that a public accommodation shall not require an individual with a disability to bring another individual to interpret for him or her. ...
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Q14: Does the Amendments Act affect the situation in which a parent or guardian believes that his or her child has a disability and is not receiving special education or related services as described in the Section 504 regulation?
A: As stated in Q4 above, students who were in the past determined not to have a disability may now, in fact, be found to have a disability....
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JURISDICTION AND VENUE
Under the doctrines of pendent and supplemental jurisdiction, this Court has jurisdiction over claims alleged herein arising under Washington state law. 28 U.S.C. § 1367. 16....
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The Americans with Disabilities Act and Other Federal Laws Protecting the Rights of Voters with Disabilities
This document provides guidance to states, local jurisdictions, election officials, poll workers, and voters on how the Americans with Disabilities Act and other federal laws help ensure...
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Building
The commenter stated that, in the building industry, "building" is defined by exterior walls and fire walls, and that an apartment structure of four units could be subdivided into two separate...
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Step 4 - Adopt a Grievance Procedure
This procedure encourages prompt and equitable resolution of the problem at the local or state level without forcing people to file a federal complaint or a lawsuit....
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Example: Historic House Museum
After reviewing the alterations with the State historic preservation office, the town determines that the second floor cannot be made accessible without threatening the unique features and...
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§35.130(b)(3) (Section-by-Section Analysis)
programs, and activities or that perpetuate the discrimination of another public entity, if both public entities are subject to common administrative control or are agencies of the same State...
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5. I am not open to the public, so I am not liable for accessibility.
However, state law more broadly requires equal access for people with disabilities or medical conditions "to the full and free use of the streets, highways, sidewalks, walkways, public buildings...
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7. I do not own the building, so I am not liable for accessibility.
Under California law, lease and rental agreements must state whether the property was inspected by a CASp and, if so, whether or not the property is compliant with all applicable construction-related...
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Literature Cited
Washington, DC: United States Architectural and Transportation Barriers Compliance Board. Laufenberg T., Krzysik, A. M., and Winandy, J....
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ACTIONS TO BE TAKEN BY AJM LAW
AJM Law will report to the United States on its progress in implementing this Agreement, including the actions described in paragraph 15, 30 days from the effective date of this Agreement...