The Department’s ADA rule (49 CFR Part 37, §37.3) defines a “wheelchair” as “a mobility aid belonging to any class of three or four-wheeled vehicles, designed for and used by individuals...
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Department of Transportation Disability Law Guidance: Use of "Segways" on Transportation Vehicles
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18. Inspections
All requests by Class Counsel for payment of reasonable and necessary monitoring fees and costs must be submitted to the City in writing, and shall be subject to the same standard rules...
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Triggering event. (Section-by-Section Analysis)
The final rule states that in those cases where permits are required, the triggering event shall be the date when the last application for a building permit application or permit extension...
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8. Revisions to Exceptions under 508 Standards
There is no general rule in the existing 508 Standards that agencies provide assistive technology at all employee workstations; rather, these standards merely require compatibility with...
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Surfaces for Outdoor Recreation Access Routes
Design Tip Use a rule of thumb to estimate firmness and stability. What sort of surface is firm and stable?...
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Emergency Evacuation Devices
The effectiveness or failure of evacuation chairs as a rule can be attributed to the fact that the user was not consulted on the equipment selection....
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VI. ENFORCEMENT
in this Agreement is intended or may be construed as a waiver by the United States of any right to institute proceedings against Atlantis for violations of any statutes, regulations, or rules...
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Program requirements. (Section-by-Section Analysis)
One group of commenters voiced concern about accessibility being provided in a timely manner and recommended that the rule specify that the program accessibility requirement applies while...
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Substitute cells. (Section-by-Section Analysis)
The Department is persuaded by these comments and has modified the alterations requirement in § 35.151(k)(2)(iv) in the final rule to allow that if it is technically infeasible to provide...
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Web site accessibility. (Section-by-Section Analysis)
The Department has enforced the ADA in the area of website accessibility on a case-by-case basis under existing rules consistent with the guidance noted above, and will continue to do so...
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Category 2 Eligibility
It is not consistent with the rule for a transit provider to declare a stop off-limits to someone who uses the lift while allowing other passengers to use the stop....
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Element-by-element safe harbor for public accommodations. (Section-by-Section Analysis)
Accordingly, the final rule at § 36.304(d)(2)(i) provides that elements that have not been altered in existing facilities on or after March 15, 2012 and that comply with the corresponding...
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§35.130 General Prohibitions Against Discrimination
§35.130 General Prohibitions Against Discrimination The general prohibitions against discrimination in the rule are generally based on the prohibitions in existing regulations implementing...
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Phase II: Energy and Commerce & Public Works and Transportation Committees
The court ruled that requiring lifts on every bus went beyond the purview of Section 504 and left it up to transit authorities to decide whether to have accessible buses, provide paratransit...
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Public Postsecondary Schools
(b) Other rules. ...
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Inquiry into the use of other power-driven mobility device. (Section-by-Section Analysis)
Neither § 36.311(d) of the NPRM nor § 36.311(c) of the final rule permits inquiries into the nature of a person's mobility disability....
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Inquiry into the use of other power-driven mobility device. (Section-by-Section Analysis)
Neither § 35.137(d) of the NPRM nor § 35.137(c) of the final rule permits inquiries into the nature of a person's mobility disability....
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Section 1630.2(k) Record of a Substantially Limiting Impairment
This is a consequence of the rule of construction in the ADAAA and the regulations providing that an individual with an impairment that is episodic or in remission can be protected under...
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Notice Requirement (Section-by-Section Analysis)
Because the rule would require 100 percent of movies available with captions and audio description to be shown with these accessibility features, should the Department permit theaters to...
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Section 36.406(c) Places of Lodging (Section-by-Section Analysis)
The proposed rule, in the definitions section, clarifies that a covered "place of lodging" is a facility that provides guest rooms for sleeping for stays that are primarily short-term in...
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ANSI Standard
(In the preamble to the proposed rule (55 FR 3251), and again in the preamble to the proposed guidelines (55 FR 24370), the Department advised that a dwelling unit that complies fully with...
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Service Animals
The ADA does not override public health rules that prohibit dogs in swimming pools, but they must be permitted everywhere else....
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REFERENCES
REFERENCES Architectural and Transportation Barriers Compliance Board, Office of Technical Services, January 6, l981 Ruling. Bankoski, S. M. & Ross, M. (l984)....
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3.1.2. Percentage of Auditoriums by Venue Type
The final rule’s scoping requirements for captioning and audio description devices vary depending on the size of the venue (i.e., the number of auditoriums exhibiting digital movies within...