THE AMERICANS WITH DISABILITIES ACT A Guide for People who are Blind or Visually Impaired by Paul W. Schroeder Director of Governmental Affairs Published by American Council of the Blind 1155 15th Street, N.W. Suite 720 Washington, DC 20005 Telephone: (202) 467-5081 FAX: (202) 467-5085 Revised: August, 1993 Please provide us with feedback about what we can do to make this document more useful! TABLE OF CONTENTS AN OVERVIEW 3 HIGHLIGHTS 3 INTRODUCTION 3 THE INTENT OF THIS MATERIAL 4 INDIVIDUAL AND ORGANIZATION ACTION 4 REMEDIES AND ENFORCEMENT 4 MORE INFORMATION 5 Regional Assistance Centers 5 EMPLOYMENT 8 HIGHLIGHTS 8 INTRODUCTION 8 THREE KEY TERMS: QUALIFIED INDIVIDUAL WITH A DISABILITY, ESSENTIAL FUNCTIONS AND REASONABLE ACCOMMODATION 9 Qualified Individual with a Disability 9 Essential Functions 9 Reasonable Accommodation 10 ADDITIONAL REQUIREMENTS 11 Applications, Tests and Interviews 11 Job Assignments, Training and Benefits 11 SOME CAUTIONS AND EXCEPTIONS 12 Undue Hardship 12 Collective Bargaining, Medical Exams and Direct Threat 12 ENFORCEMENT 13 MORE INFORMATION 14 TRANSPORTATION 15 HIGHLIGHTS 15 INTRODUCTION 15 WHAT IS ADA PARATRANSIT? 16 Service Area 17 Eligibility 18 Paratransit Plans, Implementation Period and Undue Burden 18 Paratransit Applications and Eligibility Determination 19 TRANSPORTATION ACCESSIBILITY 19 Facilities 20 Vehicles 21 OTHER REQUIREMENTS 21 ENFORCEMENT 22 MORE INFORMATION 22 Federal Transit Administration (FTA) Regional Offices 22 PUBLIC ACCOMMODATIONS: ACCESS TO YOUR COMMUNITY 25 HIGHLIGHTS 25 INTRODUCTION 25 THE TWELVE CATEGORIES OF PUBLIC ACCOMMODATION 26 GENERAL REQUIREMENTS 26 ACCESS TO PRINTED AND OTHER VISUALLY-DELIVERED MATERIAL 27 BARRIER REMOVAL REQUIREMENTS 27 EXAMS AND COURSES 28 READILY ACCESSIBLE AND USABLE 28 ENFORCEMENT 29 MORE INFORMATION 29 NONDISCRIMINATION IN STATE AND LOCAL GOVERNMENT SERVICES 30 HIGHLIGHTS 30 INTRODUCTION 30 PROGRAM ACCESS 31 ACCESSIBLE COMMUNICATIONS 32 OTHER REQUIREMENTS 32 SELF EVALUATIONS 33 READILY ACCESSIBLE AND USABLE 34 ENFORCEMENT 35 MORE INFORMATION 35 APPENDIX I -- DETECTABLE WARNINGS 36 APPENDIX II -- SIGNAGE 39 AN OVERVIEW HIGHLIGHTS --The Americans with Disabilities Act was signed into law on July 26, 1990, as Public Law 101-336. --Most of the law is based on Section 504 of the Rehabilitation Act of 1973 and the Civil Rights Act of 1964. --The definition of disability is similar to the definition of "handicap" from Section 504. --An individual is considered to have a disability if he or she has a physical or mental impairment that substantially limits at least one major life activity, such as seeing. --Individuals who have a record of or who are regarded as having such an impairment are also considered to have a disability. --ADA prohibits discrimination because of disability in employment, state and local government services, transportation, public accommodations and telecommunications. --The following agencies of the United States government have been given significant responsibility for implementing and enforcing the ADA: --The Equal Employment Opportunity Commission --The Department of Justice --The Department of Transportation --The Federal Communications Commission. --Individuals must take action to secure the rights granted under the ADA. --In certain situations, other federal, state or local laws may provide greater protection from discrimination for people with disabilities. INTRODUCTION The Americans with Disabilities Act (ADA), P.L. 101-336, was signed into law by President George Bush on July 26, 1990. The law prohibits discrimination based on disabilities in employment, transportation, public accommodations and government services. The law also establishes a nationwide telecommunications relay system to enable individuals with speech or hearing impairments to use the telephone system. The ADA provides few, if any, direct benefits to individuals with disabilities. Rather, the power of the ADA lies in two very important concepts: society must acknowledge and accommodate its citizens with disabilities; and, individuals with disabilities must take an active role in shaping and improving the "accessible" society. THE INTENT OF THIS MATERIAL It has been said that the ADA is of little benefit to people who are blind or visually impaired. However, the law and its accompanying regulations includes many significant concepts and tools which will be valuable to individuals who are blind or visually impaired. This booklet provides an explanation of those provisions most relevant to individuals who are blind or visually impaired. Use this information to guide your efforts to make your community a more accessible and welcoming place to live. Many ADA provisions are not addressed here. At the end of each section you will find information about an agency or organization from which you can get more information about specific requirements of the ADA. You are also invited to contact the American Council of the Blind if you need additional guidance or assistance. Additional information or advocacy ideas are included throughout this document. These suggestions will be found where "-- Tip:" appears. INDIVIDUAL AND ORGANIZATION ACTION The importance of advocacy by individuals and organizations in implementing the ADA cannot be overstated. The law is written to enable individuals with disabilities to assume responsibility for helping our society to eliminate discrimination against people with disabilities. Likewise, the American Council of the Blind, and its many state, local and special interest affiliates, must ensure that Americans who are blind or visually impaired no longer face discrimination. Remember, the ADA is best seen as a tool to help you build a better community, not a weapon to be wielded against your neighbors. REMEDIES AND ENFORCEMENT The ADA includes specific procedures for resolving complaints of discrimination and enforcing the rights granted in the law. This material includes information about the remedies available to you under each major section of the law. Avoiding expensive and time consuming court trials can be beneficial to both the individual with a disability and the party accused of discrimination. Therefore, Congress and the federal agencies which implement the ADA emphasize the use of alternative methods to resolve disputes. These alternatives may include informal negotiations leading to a settlement, structured discussion or negotiation facilitated by a mediator, or formal arbitration. However, these are alternatives to, not a replacement for, formal court trials or government enforcement proceedings. --Tip: You should be aware that other federal, state or local laws may offer greater protection against discrimination or better enforcement or remedies than the ADA. You can continue to use these laws whether or not you also use the ADA. MORE INFORMATION If you have specific questions about the ADA or if you need more information you are invited to contact the American Council of the Blind, 1155 15th Street, N.W., Suite 720, Washington, D.C. 20005, (202) 467-5081 or (toll-free after 3:00 p.m. eastern time) 1-800-424-8666. The Disability Rights Education and Defense Fund (DREDF), one of the key organizations which made enactment of the ADA possible, is an excellent resource for more information about all aspects of the Americans with Disabilities Act. DREDF can be reached at the following address or telephone number: 2212 6th Street, Berkeley, CA 94710, (510) 644-2555. In addition, many federal agencies or grantees can provide information. The Architectural and Transportation Barriers Compliance Board, (The Access Board), 1331 F. St., N.W., Suite 1000, Washington, DC 20004-1111, (800) 872-2253 or (202) 272-5434, offers general technical assistance on the removal of architectural, transportation, communication, and attitudinal barriers affecting people with disabilities. The President's Committee on Employment of People with Disabilities (PCEPD), 1331 F St., N.W., Washington, DC 20004, (202) 376-6200, provides information and advice on employment of people with disabilities. Regional Assistance Centers The National Institute on Disability and Rehabilitation Research (NIDRR) has established ten regional centers to provide information, training, and technical assistance to employers, people with disabilities, and other entities with responsibilities under the ADA. The centers act as a "one-stop" central source of information, direct technical assistance, training, and referral on ADA issues in employment, public accommodations, public services, and communications. The addresses and telephone numbers of the ten regional centers are listed below, or you can reach your local center by calling 1-800-949-4232. Region I: CT, ME, MA, NH, RI, VT New England Disability and Business Technical Assistance Center 145 Newbury St. Portland, ME 04101 (207) 874-6535 Voice/TDD Region II: NJ, NY, PR, VI Northeast Disability and Business Technical Assistance Center 354 South Broad St. Trenton, NJ 08608 (609) 392-4004 Voice (609) 392-7044 TDD Region III: DE, DC, MD, PA, VA, WV Mid-Atlantic Disability and Business Technical Assistance Center 2111 Wilson Blvd., Suite 400 Arlington, VA 22201 (703) 525-3268 Voice/TDD Region IV: AL, FL, GA, KY, MS, NC, SC, TN Southeast Disability and Business Technical Assistance Center 1776 Peachtree St. Suite 310 North Atlanta, GA 30309 (404) 888-0022 Voice (404) 888-9007 TDD Region V: IL, IN, MI, MN, OH, WI Great Lakes Disability and Business Technical Assistance Center 1640 West Roosevelt Rd. (M/C 626) Chicago, IL 60608 (312) 413-1407 Voice Region VI: AR, LA, NM, OK, TX Southwest Disability and Business Technical Assistance Center 2323 South Shepherd Blvd., Suite 1000 Houston, TX 77019 (713) 520-0232 Voice (713) 520-5136 TDD Region VII: IA, KS, NE, MO Great Plains Disability and Business Technical Assistance Center 4816 Santana Dr. Columbia, MO 65203 (314) 882-3600 Voice/TDD Region VIII: CO, MT, ND, SD, UT, WY Rocky Mountain Disability and Business Technical Assistance Center 3630 Sinton Rd., Suite 103 Colorado Springs, CO 80907-5072 (719) 444-0252 Voice Region IX: AZ, CA, HI, NV Pacific Coast Disability and Business Technical Assistance Center 440 Grand Ave., Suite 500 Oakland, CA 94610 (510) 465-7884 Voice (510) 465-3172 TDD Region X: AK, ID, OR, WA Northwest Disability and Business Technical Assistance Center 605 Woodland Square Loop, SE Lacey, WA 98503 (206) 438-4116 Voice mailing address: P.O. Box 9046 Olympia, WA 98507-9046 EMPLOYMENT HIGHLIGHTS --Under the Americans with Disabilities Act, covered employers cannot discriminate against individuals on the basis of disability in recruitment, hiring, testing, promotions, compensation, training, and in most other aspects of employment including the provision of fringe benefits. --Individuals with disabilities must be qualified to perform the essential functions of a job. --Covered employers must provide reasonable accommodations, when necessary, for the known disability of an individual, unless to do so would pose an undue hardship on the employer. --As of July 26, 1992, employers with 25 or more employees are covered by the ADA. --Employers with 15 or more employees will be covered beginning on July 26, 1994. --The Equal Employment Opportunity Commission (EEOC) is the federal agency which enforces and provides guidance regarding the employment provisions of the Americans with Disabilities Act. --Individuals with disabilities may bring complaints of discrimination to the EEOC for enforcement or they may ask the EEOC for a letter permitting a court suit. --Most of the employment provisions are included in Title I of the ADA. INTRODUCTION Because individuals have been discriminated against by employers in nearly every aspect of employment, the employment requirements of the Americans with Disabilities Act were designed to prohibit a broad range of discriminatory conduct relating to employment. Under ADA, individuals with disabilities cannot be discriminated against in: recruitment, employment tests, medical examinations, hiring, promotion, seniority, termination, compensation, job assignment, provision of reasonable accommodations, leave time, fringe benefits, training opportunities and employer-sponsored recreation or social activities. The employment section of the Americans with Disabilities Act are largely an extension of two other federal laws: Section 504 of the Rehabilitation Act of 1973 and the Civil Rights Act of 1964. Similar to Section 504, the ADA prohibits discrimination in employment on the basis of disability, and includes a requirement for the provision of necessary reasonable accommodations. Like the Civil Rights Act of 1964 that prohibits discrimination on the bases of race, color, religion, national origin, and sex, the ADA seeks to ensure access to equal employment opportunities based on merit. The law covers private employers, employment agencies, labor unions and other related organizations. Federal employment is covered under Section 501 of the Rehabilitation Act. The Equal Employment Opportunity Commission (EEOC) is the federal agency which was given responsibility for implementing the employment provisions of the ADA. The EEOC issued regulations to implement the requirements of the Act on July 26, 1991 as 29 C.F.R. (Code of Federal Regulations) Part 1630. The requirements became effective a year later. Employers with 25 or more employees must now comply with ADA, and those with 15 or more employees will be covered beginning July 26, 1994. Employers with less than 15 employees are exempt from the employment provisions of the ADA. THREE KEY TERMS: QUALIFIED INDIVIDUAL WITH A DISABILITY, ESSENTIAL FUNCTIONS AND REASONABLE ACCOMMODATION Three concepts--qualified individuals with a disability, essential functions and reasonable accommodations--are at the heart of the employment provisions of the ADA. Much of the enforcement of this section of the law will revolve around interpretations of these concepts as they apply to each individual allegation of discrimination based on disability. Qualified Individual with a Disability Individuals with disabilities, just like any other individual, must be qualified for the job they are seeking. To be qualified the individual must be able to perform the "essential functions" of the job, with or without a "reasonable accommodation." This means that an individual with a disability must possess the skills, experience, education, employment history, licenses and other qualifications. Essential Functions Merely possessing the qualifications for the desired job is not enough. The individual must also be able to perform the "essential functions" of the job, with or without a reasonable accommodation. Essential functions are those job duties which are fundamental or critical to the job. It is important to understand essential functions because your qualifications to do a job must be measured against these duties, and it is primarily these duties for which a reasonable accommodation may be considered. The employer is responsible for establishing the essential functions of a job. While job descriptions are generally an excellent place to find the essential functions or duties to be performed by the employee, written job descriptions are not required under ADA. To help you determine which functions are essential, you should try to answer these questions: --Is the job highly specialized? --What were the duties of the individual who previously held the job? --How many other employees in the business are doing the same job? --How much time is spent doing particular duties? --What would happen if certain duties were not performed? --Does the job depend on the performance of a particular function? --Tip: It is important to understand that many employers confuse methods with functions--the how with the what. For example, in a job where telephone messages must be taken, it is the recording of the message in a form that others can use which is important, not the method of producing the message. In this case, handwriting or printing would not be an essential function, but recording accurate, understandable and usable messages might be the essential function. Reasonable Accommodation Reasonable accommodation may be thought of as efforts made by the employer to remove any barriers, physical or attitudinal, which prevent or limit the employment and upward mobility of people with disabilities. The accommodation may be required during the application process, on the job, in the provision of fringe benefits, or in all three instances. Employers are not required to guess or assume that an applicant or employee needs a reasonable accommodation. Individuals with disabilities must request an accommodation to enable them to perform job duties which they would otherwise not be able to perform because of their disabling condition. Reasonable accommodation is not a new concept. Such things as air conditioning, sick leave, and paid vacations are common examples of accommodations which have been accepted as standard practice by employers. Reasonable accommodations as defined in the ADA may include: --providing or modifying equipment or devices --job restructuring --part-time or modified work schedules --putting examinations, training materials or policies into accessible formats --providing readers or interpreters --redistributing nonessential marginal job functions among employees --reassignment to a vacant position (not available to applicants), and; --making the workplace readily accessible to and usable by people with disabilities Accommodations are by necessity based on the needs of each individual. The appropriate accommodation must be determined on a case-by-case basis through consultation between the employer and the individual with the disability. Factors to be considered include the individual's specific disability, the particular job duties, the number and location of other employees among whom certain marginal job duties can be shared, the work environment and the financial capacity of the employer. The term "reasonable" is attached to the term "accommodation" because employers do not have to provide a particular accommodation if that employer can show that the accommodation would cause an undue hardship--that is, significant difficulty or expense. More detail on undue hardship can be found under the section "Some Cautions and Exceptions." ADDITIONAL REQUIREMENTSuc and private entities which provide passenger transportation cannot discriminate against individuals with disabilities by refusing to serve them or otherwise provide inferior service because of their disabling condition. Providers of fixed route, public transportation must provide complementary, comparable paratransit service to individuals whose disabling conditions prevent them from using the available fixed route transportation service. In addition, certain features to enhance accessibility for people with disabilities must be incorporated into most new transportation vehicles and facilities, as well as certain vehicles and facilities which are already in use. Although the ADA addresses both public and private transportation providers, the focus here will be on public transportation. The Department of Transportation (DOT) is the federal agency with responsibility for implementing and enforcing the transportation provisions of ADA. The Department published its final regulations implementing this section of the law on September 6, 1991, as 49 CFR (Code of Federal Regulations) Parts 27, 37 and 38. WHAT IS ADA PARATRANSIT? Requirements were included in the ADA to eliminate some of the disparity and negative aspects which have been associated with paratransit service. Paratransit service arose during the 1970s in response to nondiscrimination and special service mandates such as Section 504 of the Rehabilitation Act of 1973. These paratransit services typically included both positive and negative characteristics. For example, eligibility criteria tended to be lenient and service was available over a large geographic area. On the other hand, large waiting lists, extensive prior notice for trip scheduling and extremely limited hours of service were quite common. Under the ADA public transportation agencies which provide fixed route transportation must provide paratransit service to eligible individuals with disabilities which complements and is comparable to the fixed route service. Fixed route transportation means a system which includes vehicles (bus or rail) which travel along a specific route at a specific time and which is available to anyone waiting at a designated stop. Paratransit service generally means door-to-door or curb-to-curb transportation scheduled by the individual. When fully implemented, ADA-required paratransit service must meet the following requirements: 1)Paratransit must be available throughout the same hours that the fixed route system runs, with that requirement extending to each route, e.g., if buses run around the clock along Main street, so must paratransit, but if buses on Fifth Avenue run only until 10:00 p.m., paratransit along that corridor is required only until 10:00 p.m. (See the discussion below at "Service Area" for more information about corridors and routes.) 2)Fares for paratransit service may not be more than twice the fare for a similar trip on the fixed route system, not including discounts provided for senior citizens or individuals with disabilities. One companion can travel with the eligible individual at the same paratransit fare. Additional companions can travel on the paratransit vehicle only if space is available. 3)Providers cannot ask questions about passenger trip purpose nor can they set priorities regarding which kind of trip is most important. 4)Visitors to a community are eligible for local paratransit service for at least three weeks. 5)Providers cannot use waiting lists and consistent trip delays or denials are not permitted. 6)Passengers must be able to schedule paratransit reservations on the day prior to the needed trip or as early as 14 days prior to the trip. 7)Providers cannot ask a passenger to change his or her desired pickup time by more than one hour, and the time needed to complete a trip cannot be excessive. NOTE:It is permissible for a paratransit provider to refuse services for a time to individuals who habitually and irresponsibly miss scheduled trips. --Tip: Some paratransit providers are implementing a "feeder service" which is designed to "feed" passengers into the standard fixed route service. This type of service is particularly designed for independent travelers who are encountering temporary barriers--the so-called "trip-by-trip" eligible passenger. However, feeder service alone would not be sufficient for an individual who has just experienced sight loss or for individuals otherwise unable to travel independently. Paratransit-eligible individuals who are unable to independently use fixed route service must be provided origin to destination paratransit service, whether or not feeder service is provided. Service Area According to DOT's regulation which implements the ADA, paratransit service must be made available to ADA-eligible individuals whose departures and destinations lie along a corridor of three-quarters of a mile on either side of the fixed route (for bus systems) or within a three-quarter mile circle around rail stations. Paratransit service must also be available in small urban areas which happen to lie in between adjacent service corridors. In suburban areas paratransit service corridors (or circles for rail stations) may be expanded to one and one-half miles. In explaining its final rule, DOT notes that this "corridor" approach is best suited to meet the ADA requirement for paratransit service which is comparable to fixed route service because it requires service to origins and destinations throughout those areas which fixed route transit actually serves. However, this interpretation has caused a great deal of controversy around ADA's paratransit requirements because implementation of the corridor approach may result in less service for people who live in communities where paratransit service has previously been provided throughout the community. --Tip: If you live outside of the ADA-required corridor, or your destination is outside it, you may still be able to use paratransit services. You would simply have to arrange with the paratransit service provider for a pick-up or drop-off somewhere within the ADA-required corridor. Universities and airports which operate fixed route transportation, as well as commuter bus and rail systems are not required by the ADA to provide complementary paratransit service. Commuter bus and rail systems generally offer fixed route service in one direction during peak hours and operate on long routes with few stops which connect outlying areas with a central hub. Eligibility A second area of controversy centers around who, or what groups, are eligible for ADA paratransit. Many transportation providers and individuals with disabilities are confused because the ADA eligibility guidelines are based on the inability of the individual to use the standard fixed route transportation service. Are blind people eligible for ADA paratransit? The answer to this question is, it depends. The defining factor is not blindness, but instead it is the blind person's ability to use the available fixed route transportation. For example, if an individual lacks sufficient mobility or independent travel skills to get to and from fixed route transportation stops, he or she probably should be eligible for paratransit under the ADA. Even if you are an independent traveller, barriers such as freeways or road construction which make it difficult for you to travel to or from a fixed route transit stop may also result in eligibility for paratransit service. Finally, an individual who normally uses fixed route transportation may be eligible for a specific trip on a paratransit vehicle if his or her destination for that trip is in an unfamiliar or difficult to navigate area of the community, or if inclement weather or some other temporary obstacle would prevent the individual from using the fixed route service for that trip. The Department of Transportation suggests that conditional paratransit eligibility be granted to individuals who normally use fixed route transportation for all trips under certain circumstances such as all non-work trips, or all trips during months of heavy snowfall. --Tip: Remember, paratransit must serve only the same corridors served by the fixed route system. Consequently, an individual would not be eligible merely because he or she needs to travel in an area not served by the fixed route service. Paratransit Plans, Implementation Period and Undue Burden Providers of fixed route transportation who were required by the ADA to provide paratransit service were supposed to submit a plan for and begin implementing paratransit service on January 26, 1992 (those submitting consolidated plans involving several providers were given until July 26, 1992). The Transit providers have five years in which to fully implement the paratransit requirements of ADA. If a transportation provider cannot fully implement the ADA paratransit provisions in the first year, the provider must submit a plan each year showing how the paratransit service is being expanded. The provider must meet these plan "milestones" each year until the ADA paratransit service is fully implemented. Transportation providers may request a waiver of certain paratransit requirements from the Department of Transportation based on proof of an undue financial burden caused by providing comprehensive paratransit service. Waivers will be granted with limitations so that the provider will be required to offer a less comprehensive level of paratransit until the comprehensive service can be offered without an undue financial burden. Although providers are not prohibited from expanding paratransit service to individuals or geographic areas beyond the requirements of ADA, only ADA-required paratransit can be counted by the provider in determining the financial burden associated with providing paratransit service. Since paratransit service is expensive to provide, it is expected most transportation providers will limit paratransit service only to the strict requirements of the law. --Tip: You should note that entities responsible for providing paratransit were supposed to actively involve the public in developing the plan for paratransit service. This public input and participation was supposed to be documented in the plan. In addition, any annual resubmissions of the plan, which show the achievement of "milestones" are also supposed to include continued public input and participation. Council members and others concerned about paratransit services to blind people must provide local transit authorities with input into the development of the plan as well as into the implementation of services. Incidentally, the paratransit plan must be available in an accessible format. Paratransit Applications and Eligibility Determination Providers are required to establish a process for determining whether an individual is eligible for ADA paratransit service. As part of this process, an individual with a disability must be given an opportunity to explain why he or she is unable to use the available fixed route transportation. For example, an individual who is blind or visually impaired might point out that he or she has not learned to travel with a cane, dog guide or some other adaptive technique. Or, the individual who is blind or visually impaired might point out that barriers such as a lack of sidewalks or a major highway prevent him or her from travelling to a fixed route stop. The provider has 21 days from the submission of a complete application to make an eligibility decision. The decision must be in writing, and if an applicant is found to be ineligible an explanation of the reasons for the decision must be included. Information, notices and other necessary application materials must be provided in an accessible format. The transportation provider must establish a procedure by which an individual has the opportunity to appeal a determination of ineligibility or other paratransit service decisions. The authority which considers this appeal cannot be the same as the one that made the original decision. --Tip: ACB members and chapters must carefully monitor the process used by transportation providers to determine if someone is eligible for paratransit. Many applications do not ask specific questions about travel difficulties experienced by blind people, so individuals will have to find ways to describe their difficulties in using the available fixed route transportation into their request for paratransit eligibility. It is also important to carefully monitor the practice of some providers which are hiring professionals with no orientation and mobility knowledge or experience to review applications or to assess the ability of individuals to use fixed route transportation. TRANSPORTATION ACCESSIBILITY Facilities All new facilities used for transportation and renovations to existing facilities must be accessible. Modifications to enhance accessibility must also be made to certain existing facilities, whether or not the facility undergoes renovation. Key stations in rapid, light and commuter rail systems must be made accessible by July 26, 1993. However, this period may be extended until 2020 for rapid and light rail systems if renovations require extraordinarily expensive structural changes in the stations, but only if two thirds of the stations are accessible by the year 2010. For commuter rail stations, extensions in the requirement for accessibility can be granted for a period up to the year 2010. Even if the Department of Transportation extends the accessibility deadline for a key station, the rail authority must continue to install access features which do not require extraordinary expense or structural alterations. The National Railroad Passenger Corporation (Amtrak) stations must be accessible by the year 2010. The Access Board developed ADA Accessibility Guidelines for Transportation Facilities which were incorporated by the Department of Transportation into its ADA regulation. The guidelines include the following accessibility requirements with respect to access for persons who are blind or visually impaired. --Detectable Warnings. A detectable warning surface shall be installed along the edge of passenger rail platform edges which are not otherwise protected by platform screens or guard rails. This detectable warning surface shall contrast visually with the surrounding surface and shall consist of a pattern of evenly spaced, small, flat domes. The warning strip shall be 24 inches wide running the full length of the platform. Resiliency and sound-on-cane-contact is required of a warning used in interior settings. Where it is necessary to cross tracks to reach boarding platforms, the crossings shall include a detectable warning. (See Appendix I for more information on detectable warnings). --Station Signage. At least one sign at each entrance of a transit facility, and at least one sign on a boarding platform, shall include Raised and Brailled Characters. Wherever possible, the signs are supposed to be placed in uniform locations. If the station has no defined entrance, but signage is provided, then the accessible signage shall be placed in a central location. Station identification signs and route lists displayed on transit boarding platforms should meet the requirements for character proportion, character height, and finish and contrast as specified in the ADA Accessibility Guidelines (see Appendix II). Signs shall be placed at frequent intervals and shall be clearly visible from within the vehicle on both sides when unobstructed by another train. --Fare Machines. Automatic fare vending, collection and adjustment systems shall include a means to make all instructions and information required for use to be accessible to and independently usable by blind or visually impaired persons. This provision does not require the replacement of machines which are in existing stations. However, accessible machines are required in key stations. --Illumination Levels. Illumination levels in transit facilities where signage is located shall be uniform and shall minimize glare on signs. Additionally, lighting along paths of travel shall provide uniform illumination. --Escalators. All escalator treads shall be marked with strips of clearly contrasting color, 2 inches in width, placed parallel to the nose of each step. The edge of the tread shall be apparent from both ascending and descending directions. --Clocks. Where clocks are provided for use by the general public, the clock face shall be uncluttered so that its elements are clearly visible. Hands, numerals, and/or digits shall contrast with the background either light-on-dark or dark-on-light. Where clocks are mounted overhead, numerals and/or digits shall be at least three inches in height. Vehicles New transportation vehicles must be accessible to and usable by individuals with disabilities, including individuals who are blind or visually impaired. Along with features to allow for boarding by people who use wheelchairs, accessible vehicles must also include non-slip floor surfaces, highly visible edge markings on steps, handrails and adequate illumination in boarding areas, signage which includes high contrast between characters and the background, public address systems, and in rail cars--automatic door closing alarms and barriers or gates between cars. These requirements are particularly applicable to fixed route systems. OTHER REQUIREMENTS Transportation providers must make schedules and other information accessible to those who cannot read print. Service animals (e.g. guide dogs) must be allowed to accompany individuals using transit services. At fixed route transit stops which serve transit vehicles traveling more than one route, passengers with visual impairments must be able to identify the route served by an approaching vehicle, or the vehicle driver must be able to identify which route a waiting passenger with a disability needs. Providers of fixed route transit service must ensure that key and requested transit stops are announced for the benefit of all passengers. Transit providers are to provide their personnel with appropriate training regarding the respectful and courteous treatment of individuals with disabilities. This training should also include information regarding the differing needs of individuals with various disabilities. --Tip: ACB members should seek ways to actively participate in this training process. For example, transit drivers and telephone operators should receive training on the best way to provide passengers with relevant orientation cues about transit stops and the surrounding environment. ENFORCEMENT Complaints concerning transportation can be filed with the U.S. Department of Transportation Office of Civil Rights. That office will conduct an investigation and, if necessary, seek to resolve problems or remedy discriminatory conduct. The Department may, if a violation is not corrected, cut off funding for a provider who receives federal money. The Department of Justice may be enlisted to enforce the ADA nondiscrimination requirements for private providers of transportation. Priority will be given to addressing persistent transportation problems, where providers exhibit a pattern or practice of discrimination. Individuals may also seek legal redress through suits in federal court. The remedies which may be imposed on entities which violate the transportation section of ADA include: a halt to the discriminatory conduct, or the completion of actions required by the ADA; equitable damages such as compensation for out-of-pocket losses or pain and suffering; reinstatement; admission to a program or activity; and, assurance of future non-discriminatory practice. MORE INFORMATION If you have specific questions about this section of the law or if you need more information you are invited to contact the American Council of the Blind, 1155 15th Street, N.W., Suite 720, Washington, D.C. 20005, (202) 467-5081 or (toll-free after 3:00 p.m. eastern time) 1-800-424-8666. Information about transportation requirements of the ADA can be obtained by contacting the Department of Transportation, Federal Transit Administration, 400 Seventh Street, SW, room 9315, Washington, DC 20590, (202) 366-4390. Federal Transit Administration (FTA) Regional Offices You should consider contacting the closest FTA Regional office. These offices provide guidance and technical assistance to providers in the region and they are most familiar with specific providers. Region I CT, ME, MA, NH, RI, VT Federal Transit Administration 55 Broadway Transportation Systems Center Kendall Square Cambridge, MA 02142 (617) 494-2055 Region II NJ, NY, PR, VI Federal Transit Administration 26 Federal Plaza Suite 2940 New York, NY 10278 (212) 264-8162 Region III DE, DC, MD, PA, VA, WV Federal Transit Administration 1760 Market Street, Suite 500 Philadelphia, PA 19103 (215) 656-6900 Region IV AL, FL, GA, KY, MS, NC, SC, TN Federal Transit Administration 1720 Peachtree Road, NW Atlanta, GA 30309 (404) 347-3948 Region V IL, IN, MI, MN, OH, WI Federal Transit Administration 55 East Monroe Street Room 1415 Chicago, IL 60603 (312) 353-2789 Region VI AR, LA, NM, OK, TX Federal Transit Administration 819 Taylor Street Suite 9A32 Ft. Worth, TX 76102 (817) 334-3787 Region VII IA, KS, MO, NE Federal Transit Administration 6301 Rockville Road Suite 303 Kansas City, MO 64131 (816) 926-5053 Region VIII CO, MT, ND, SD, UT, WY Federal Transit Administration Columbine Place 216 16th Street Suite 650 Denver, Colorado 80202 Region IX AZ, CA, HI, and the Pacific Islands Federal Transit Administration 211 Main Street, Room 1160 San Francisco, CA 94105 (415) 744-3115 Region X AK, ID, OR, WA Federal Transit Administration Jackson Federal Building Room 3142 915 Second Avenue Seattle, WA 98174 (206) 553-4210 Another source of information is Project Action, 1350 New York Avenue, NW, Suite 915, Washington, DC 20005, (202) 347-3066. This organization provides assistance to special transportation research and training projects across the nation. PUBLIC ACCOMMODATIONS: ACCESS TO YOUR COMMUNITY HIGHLIGHTS --Twelve categories of private businesses or service providers (public accommodations) are prohibited from discriminating against individuals with disabilities. --Actions which may be required in order to avoid discriminating against an individual with a disability may include such things as providing access to printed material, allowing entry to an individual using a service animal, removing barriers to access for individuals with disabilities, modifying policies, or providing an exam or course which is accessible. --Newly constructed buildings or facilities, or alterations of buildings or facilities, must be readily accessible to and usable by individuals with disabilities. --Accessibility includes such items as installation of detectable warnings, installation of Braille and large-print signage and elimination of protruding objects along walk ways. --The Department of Justice has primary responsibility for implementing this section of the ADA. --Enforcement can be obtained through the Department of Justice, or, through a court suit. --The public accommodation provisions can be found in Title III of the ADA. INTRODUCTION The Americans with Disabilities Act prohibits discriminatory treatment of individuals with disabilities in the full and equal enjoyment of the goods, services, facilities privileges, advantages and accommodations offered by the more than 5 million private businesses and service providers in this nation. These private businesses and service providers, referred to as "places of public accommodations," must take certain actions to ensure that individuals with disabilities have opportunities equal to their nondisabled peers. In addition, most new construction and renovation must be accessible to and usable by individuals with disabilities. The United States Department of Justice published the regulations to implement these provisions, which are found in Title III of the ADA, on July 26, 1991, as 28 CFR (Code of Federal Regulations) Part 36. The rule imposes requirements on public accommodations and commercial facilities. The prohibitions against discrimination by public accommodations went into effect on January 26, 1992. THE TWELVE CATEGORIES OF PUBLIC ACCOMMODATION There are twelve categories of places of public accommodations covered by the ADA. The categories are: -- lodging, such as hotels; -- establishments serving food or drink; -- entertainment establishments such as theaters; -- public gathering places such as auditoriums; -- places selling or renting goods such as video rental stores, clothing stores or shopping centers; -- service providers such as banks, pharmacies, insurance offices or hospitals; -- public transportation stations or terminals; -- places with exhibits or collections such as libraries or museums; -- recreation or leisure areas such as amusement parks or zoos; -- private education establishments; -- social service centers such as day-care or senior citizen centers, homeless shelters or adoption agencies; -- places for exercise or recreation such as health spas or bowling alleys. --Tip: A public accommodation is the person or entity which owns, leases or operates one of the above referenced places of public accommodations. Private clubs and religious organizations are exempt from these requirements. GENERAL REQUIREMENTS Public accommodations must provide individuals with disabilities access to the goods, services, entertainment, or other advantages which the business or service provider makes available. In order to provide effective service to an individual with a disability, a public accommodation may have to modify its usual practice or existing policy. For example, it is probably reasonable for a retail store employee to assist a visually impaired customer in retrieving items from the store's shelves as long as it does not jeopardize the operation of the store. Alternatively, public accommodations cannot impose eligibility requirements which limit participation by any person because of his or her disability. For example, accepting only a driver's license as identification would be discriminatory treatment. Eligibility or safety standards may be established, but the public accommodation must show that such standards are necessary for the provision of its goods or services and that they are not based on generalizations and stereotypes about disabling conditions. --Tip: Public accommodations are required to modify policies, practices, or procedures to permit the use of a service animal (such as a dog guide) by an individual with a disability in any area open to the general public. The broadest access is intended in all places of public accommodation, including movie theaters, restaurants, hotels, retail stores, hospitals, and nursing homes. However, in rare circumstances service animals may be excluded from certain areas because the safe operation of the public accommodation would be jeopardized or the goods, services or accommodations may be fundamentally altered. This exception is intended to be applied very narrowly. For example, hospital surgical rooms or other sterile environments are likely exceptions. ACCESS TO PRINTED AND OTHER VISUALLY-DELIVERED MATERIAL One of the most important and useful sections of the ADA requires public accommodations to furnish auxiliary aids and services to ensure that individuals who are blind or visually impaired are not excluded from or denied access to "visually-delivered material." These aids or services include, according to the Justice Department's regulations, qualified readers, taped texts, Brailled material, large print material "or other effective methods of making visually delivered material available ... ." It is expected that individuals with disabilities and ADA-covered entities will work together to determine which auxiliary aid or service is most appropriate. Individuals or groups who use such aids or services are not to be charged extra for them. If the cost or difficulty in obtaining a specific aid or service would pose an "undue burden" for a covered entity, the entity must provide another aid or service which may be less costly or more easily obtained, as long as the communication is as effective as it would be with a non-disabled customer. For example, though you might prefer receiving information in Braille, the cost or difficulty involved in producing Braille may be prohibitive. Although not your preferred mode of communication, recorded information may be equally effective. Some of the factors which will be considered in determining if a particular aid or service would be an undue burden include cost, financial resources available to the public accommodation, the effect on its expenses and resources, the relationship to and resources available from a "parent" corporation, the size of the public accommodation and the number of its employees. --Tip: Remember, ADA does not cover all businesses and services in our society so not all "visually delivered material" will be made accessible. Using the list of twelve categories will help you determine what kind of material and services are covered. Also remember that it is now commonplace for information to be made available in an electronic file on a computer disk. In that format the material can be produced in a variety of media. Of course, the electronic file itself is a useful alternatives to standard print. BARRIER REMOVAL REQUIREMENTS Public accommodations are required to remove architectural and communication barriers when doing so is "readily achievable, i.e., easily accomplishable ... without much difficulty or expense." The first priority is removal of barriers which prevent individuals with disabilities from entering the facility. The second priority is removing barriers to enable access to places where goods and services are made available. The Justice Department regulations mention several examples of barrier removal which may be useful for people who are blind or visually impaired including adding raised and Braille markings to elevator controls, the installation of sound buffers where constant noise masks sound cues and the addition of raised character and Braille signage. The Department makes clear in its rule that this list of barrier removal examples is not intended to be comprehensive. The rule encourages flexibility and consultation in meeting individual needs. --Tip: The requirement for barrier removal is a continuing one. In other words, a public accommodation must continue to remove architectural and communication barriers when doing so is readily achievable. It is expected that public accommodations will periodically consult with individuals with disabilities and advocacy organizations to assess the need for additional barrier removal. Local ACB chapters can help make communities more accessible by working with public accommodations in removing barriers which prevent blind customers from fully enjoying the goods, services or other privileges being made available. EXAMS AND COURSES Exams or courses offered by public accommodations must be accessible to individuals with disabilities including those who need the exam or course materials in alternative formats. Many exams are given in a manner which prevents individuals with disability from demonstrating mastery of the skills, knowledge or abilities that the exam is designed to measure. Therefore, in order to be accessible, exams must be provided in a manner which tests an individual's mastery of the subject rather than his or her disabling condition. Accessible exams must be offered in equally convenient locations, as often and in as timely a manner as the "inaccessible" exam. READILY ACCESSIBLE AND USABLE When a building or facility is under construction or undergoing significant alterations strict guidelines must be observed to ensure that it is accessible to and usable by individuals with disabilities. Buildings and facilities must follow the ADA Accessibility Guidelines for Buildings and Facilities (ADAAG) which were established by the Access Board and incorporated by the Department of Justice into its final rule. The ADAAG standards require the following access features of interest to individuals with visual impairments: -- no objects protruding beyond four inches in the space between 27 and 80 inches above the walking surface along a walkway, corridor or other path of travel -- Brailled and raised characters on elevator panels and doorjambs -- Detectable warning surfaces--which provide a visual contrast with the surrounding surface and which consist of a pattern of slightly raised, small, flat domes--to be placed on curb ramps, at intersections where no curb separates a walkway from a street or driveway, and along the edge of unprotected drop-offs such as transportation platforms and reflecting pools, (see Appendix I for more information about detectable warning surfaces) -- Accessible signage--consisting of large-print signs with characters enlarged on overhead signs; and, brailled and raised character signs identifying permanent rooms and spaces, and placed at a height of 60 inches on the wall next to the latch or handle side of a door, (see Appendix II for more information about accessible signage requirements) -- Accessible automatic teller machines with instructions and information required for use to be accessible to and independently usable by blind or visually impaired persons ENFORCEMENT Individuals who feel that they have been discriminated against can bring a direct action in court to demand that the discriminatory practice be stopped. Individuals cannot obtain punitive damages because of discriminatory treatment, but compensatory damages for actual out-of-pocket or future costs or pain and suffering can be imposed by the court. Attorney's fees may also be awarded by the court. Individuals may also submit complaints to the head of the Department of Justice, the Attorney General. The Attorney General can seek monetary damages in a suit where a pattern of discrimination exists. MORE INFORMATION If you have specific questions regarding this section of the law or if you need more information you are invited to contact the American Council of the Blind, 1155 15th Street, N.W., Suite 720, Washington, D.C. 20005, (202) 467-5081 or (toll-free after 3:00 p.m. eastern time) 1-800-424-8666. Copies of the regulation implementing this section of the ADA along with technical assistance materials (in various alternative formats) can be obtained by contacting the Department of Justice, Public Access Section, Civil Rights Division, P.O. Box 66738, Washington, DC 20035-6738, (202) 514-0301. NONDISCRIMINATION IN STATE AND LOCAL GOVERNMENT SERVICES HIGHLIGHTS --Individuals with disabilities cannot be excluded from, or denied participation in, any service, program or activity conducted by state and local government, because of disability. --All government services, communications, and newly constructed facilities must be accessible to individuals with disabilities. --Government agencies were supposed to conduct "self evaluations" to determine what steps need to be taken to comply with the nondiscrimination provisions of the Americans with Disabilities Act. --State and local government agencies may need to alter existing policies or procedures, or provide auxiliary aids or services to ensure that individuals with disabilities have an equal opportunity to benefit from the service, program or activity being offered. --State and local governments should seek to ensure that individuals with disabilities are integrated into services, programs or activities, while also ensuring that the individual has an opportunity to benefit which is as effective as for a non-disabled individual. --The Department of Justice has primary responsibility for implementing these requirements. --The requirements can be found in Title II of the ADA. --The Department of Justice, several other federal agencies and courts have enforcement authority. INTRODUCTION This section of the Americans with Disabilities Act is designed to ensure that an individual's disability does not prevent him or her from participating in and enjoying the benefits and services provided by state and local governments. These provisions went into effect on January 26, 1992. Prior to passage of the ADA, the only federal nondiscrimination statute protecting people with disabilities was Section 504 of the Rehabilitation Act of 1973. However, only recipients of federal funds needed to comply with the nondiscrimination requirements of that law. Therefore, in crafting this section of the ADA, Congress sought to extend the elimination of discrimination based on disability included in Section 504 to all services, programs and activities conducted or sponsored by any state or local government agency. The United States Department of Justice developed regulations to implement the nondiscrimination language of Title II, Subtitle A of the ADA. They were published on July 26, 1991, as 28 CFR (Code of Federal Regulations) Part 35. The regulation is similar to rules implementing Section 504. However, because the Department of Justice also incorporated concepts found in other titles of the ADA, there are some differences in this rule. Taken together, Section 504 and Title II of the ADA ensure that federal, state and local governments are prohibited from discriminating against people with disabilities in all governmental activities. PROGRAM ACCESS People with disabilities cannot be excluded from any government-sponsored service, program or activity because of disability. Government agencies can, however, require that individuals meet applicable "essential eligibility requirements" based on factors such as residency or income. The prohibition against discrimination extends to all government entities, including state legislatures, courts, public schools, public libraries and the nongovernmental agencies with whom they may contract to provide services, programs or activities. As with federal funds recipients covered under Section 504, all programs conducted by or for government entities must be accessible to individuals with disabilities. In ensuring program access, the provider might choose to make a building accessible, move the program to an accessible location, modify a policy or procedure, provide a home visit or provide assistance to the individual with a disability wishing to avail him or herself of the program. In choosing among program access alternatives, government agencies need not take action which would, according to the regulation which implements this section of the ADA, "fundamentally alter the nature of the service, program or activity" or constitute an "undue financial and administrative burden." It is important to understand that two key concepts direct the program access mandate placed upon state and local government by the ADA. According to the regulation issued by the Department of Justice, government agencies shall, in choosing among alternatives to make their programs accessible, "give priority to those methods that offer services, programs, and activities to qualified individuals with disabilities in the most integrated setting appropriate." However, the regulation also makes clear that individuals with disabilities must have the opportunity to "obtain the same results, to gain the same benefit, or to reach the same level of achievement" as others who make use of a government-provided service, program or activity. To ensure an effective result, a government entity may consider providing a separate aid, benefit or service to an individual with a disability. This might actually prove to be the best, or only, way to provide an individual with an equal opportunity to obtain a result which is "as effective." Even so, the separate program or special aid should still foster maximum integration of the individual with a disability. There is no requirement that the individual make use of these separate "special" programs or services. For example, a blind person may elect to participate in the integrated tour of a museum as opposed to a separate "hands on" tour developed specifically for people with disabilities. The individual, not the museum, must make the choice. ACCESSIBLE COMMUNICATIONS All communications between a government entity or government service provider and individuals with disabilities must be "as effective" as communications with non-disabled persons. In order for communications to be effective, government agencies are required to furnish auxiliary aids and services to individuals with disabilities who request them so that they can participate in and enjoy the government service, program or activity. According to the Department of Justice's rule, auxiliary aids or services for communicating written material to individuals who are blind or visually impaired include Braille and large print material, taped texts and readers. Other aids or services such as electronic files, accessible signage, maps, audio description services and Braille telecommunication display devices may also be appropriate in communicating "visually delivered" material. The government entity must provide the individual with the opportunity to choose which auxiliary aid or service would be most effective, and is supposed to honor the choice. However, the government agency may argue that furnishing the individual's choice would fundamentally alter the nature of the service, program or activity being provided, or that it would be an undue administrative or financial burden. Even so, a less burdensome, but still effective, aid or service must be provided. --Tip: Although effective communication is required between an agency or service-provider and an individual, in practice, ACB members could help government agencies by assisting them in making print and visually-delivered material accessible. For example, providing agencies with information about the best means to produce recorded, large print or Braille material, or helping them set up an effective telephone information service would be very beneficial. OTHER REQUIREMENTS Other specific nondiscrimination requirements include: --Public entities cannot discriminate against people with disabilities in hiring, promotion or other employment activities, and if necessary, agencies must provide reasonable accommodations within the limits of undue financial or administrative burden. --Persons with disabilities cannot be denied the opportunity to participate on advisory or planning boards. --A government entity cannot carry out its duties or select the site for its activities in a way which would exclude individuals with disabilities from the activity or otherwise discriminate on the basis of disability. --A public entity must avoid the potential for discrimination when it chooses contractors from which it will purchase goods or services. --Government entities cannot discriminate against qualified individuals with disabilities in granting licenses and certificates. Qualified means that an individual meets essential, nondiscriminatory eligibility requirements. --Government entities must inform applicants, participants, beneficiaries and other interested persons about their rights and remedies available under the ADA. This notice requirement can be met in many ways, such as public service announcements, pamphlets or information displays. --Tip: Tackling discrimination in employment by state and local government agencies may be a bit confusing. Ultimately, most state and local government agencies will have to follow the rules set forth by the Equal Employment Opportunity Commission for Title I of the ADA. However, government agencies with fewer than 15 employees will be subject to the standards established by the Department of Justice to implement Section 504 of the Rehabilitation Act of 1973. Government entities which employ more than 15 employees but fewer than 25 employees will have to comply with Section 504, until July 26, 1994 when they will be covered by Title I of the ADA. The requirements of Section 504 and Title I are substantially similar, however, enforcement may be the tricky part. EEOC, DOJ and, possibly another federal agency if the government agency receives federal funds, may each have responsibility for enforcement. However, the federal government is supposed to coordinate its enforcement, which should minimize the need for individuals to untangle the enforcement maze when they file an employment discrimination complaint. SELF EVALUATIONS Government agencies which were not already covered by Section 504 were supposed to complete a "self evaluation" of their services, programs and activities so that they could determine what steps to take to eliminate discrimination against individuals with disabilities. Similar self evaluations have been required under Section 504 and agencies covered by that law are advised, though not necessarily required, to again conduct a self evaluation. These agencies must evaluate practices not covered specifically by Section 504 such as the effectiveness of their communication with individuals who have disabilities which affect their ability to access visually delivered material. Government agencies were to complete the evaluation by January, 1993, and take steps to correct any problems. They were encouraged to solicit input from persons with disabilities. Although the Department of Justice rule does not require evaluation of training efforts, it does note that lack of training of employees can lead to discrimination even where policies are not discriminatory. Therefore, it is recommended that agencies review and evaluate the training that employees receive with respect to treatment of individuals with disabilities. --Tip: ACB chapters or individual members should be prepared to ask government agencies for a copy of their self evaluation in order to determine if effective communication and other issues important to people who are blind or visually impaired received attention. The results of these evaluations may be a good tool to use in your advocacy efforts with government agencies. READILY ACCESSIBLE AND USABLE State and local government agencies which build or alter facilities after January 26, 1992, must incorporate certain features to ensure that the construction or alterations are readily accessible to and usable by individuals with disabilities. Currently, government entities can choose between two accessibility standards: the ADA Accessibility Guidelines for Buildings and Facilities (ADAAG) which were established by the Access Board; or, the Uniform Federal Accessibility Standards (UFAS) which were created by four federal government agencies. The Access Board is working on amendments to the ADAAG to include a specific set of accessibility standards for state and local governments. --Tip: The ADAAG includes better access features to ensure access and usability by individuals who are blind. Until the ADA Accessibility Guidelines for State and Local Government are published, government agencies should be encouraged to follow the ADAAG for Buildings and Facilities. The ADA Accessibility Guidelines for Buildings and Facilities includes the following access requirements of interest to individuals with visual impairments: -- no objects protruding beyond four inches in the space between 27 and 80 inches above the walking surface along a walkway, corridor or other path of travel -- Brailled and raised characters on elevator panels and doorjambs -- Detectable warning surfaces--which provide a visual contrast with the surrounding surface and which consist of a pattern of slightly raised, small, flat domes--to be placed on curb ramps, at intersections where no curb separates a walkway from a street or driveway, and along the edge of unprotected drop-offs such as transportation platforms and reflecting pools, (see Appendix I for more information about detectable warning surfaces) -- Accessible signage--consisting of large-print signs with characters enlarged on overhead signs; and, brailled and raised character signs identifying permanent rooms and spaces, and placed at a height of 60 inches on the wall next to the latch or handle side of a door, (see Appendix II for more information about accessible signage requirements). ENFORCEMENT Individuals with disabilities who believe that their rights under this section of the ADA have been violated have 180 days to file a complaint. Complaints may be filed with federal agencies designated as responsible for particular programs, or with the United States Department of Justice. Private court suits may also be filed and reasonable attorney's fees may be granted to the prevailing party. It is unlawful for government agencies to retaliate against or otherwise threaten someone who brings a complaint under the ADA or who assists an individual filing a complaint. Victims of discrimination under this section of the law may seek the following remedies from a court: a halt to the discriminatory conduct, or the completion of actions required by the ADA; compensatory damages such as compensation for out-of-pocket or future losses or pain and suffering; reinstatement; admission to a program or activity; assurance of future non-discriminatory practice; and back pay and other limited monetary damages for employment discrimination. As with Section 504, state and local government entities with 50 or more employees must establish an ADA complaint procedure and appoint an employee to be responsible for compliance with the Americans with Disabilities Act. MORE INFORMATION If you have specific questions about this section of the law or if you need more information you are invited to contact the American Council of the Blind, 1155 15th Street, N.W., Suite 720, Washington, D.C. 20005, (202) 467-5081 or (toll-free after 3:00 p.m. eastern time) 1-800-424-8666. Copies of the regulation implementing this section of the ADA along with technical assistance materials (in various alternative formats) can be obtained by contacting the Department of Justice, Public Access Section, Civil Rights Division, P.O. Box 66738, Washington, DC 20035-6738, (202) 514-0301. APPENDIX I -- DETECTABLE WARNINGS Detectable warnings have become a major point of controversy both within the blindness community and within the wider community of individuals designing and implementing accessibility standards. The detectable warning is nothing more than an environmental adaptation designed to enhance independence and access for individuals who are blind or visually impaired. Unfortunately, the warnings have become a pawn in the ongoing battles within the blindness community over what is most appropriate for our community. A host of myths and misinformation have been circulating about detectable warnings. This is an attempt to set the record straight about these access features used by individuals who are blind or visually impaired. Warnings Required On July 26, 1993, all key transit stations in our nation's subway and other passenger rail systems were supposed to be made readily accessible to and usable by individuals with disabilities, including the use of a detectable warning strip along the edge of the transit platform. However, that date has come and gone and most of the 37 rail systems in this country have not fully complied with the requirement to install detectable warnings. This requirement was included in regulations issued by the Department of Transportation to implement the transportation requirements of the ADA. On January 26, 1993, newly constructed or renovated facilities housing private businesses were supposed to be accessible to people with disabilities, including the use of detectable warnings on curb ramps, uncurbed intersections and around reflecting pools which came under the control of the private business. These requirements were established by the Architectural and Transportation Barriers Compliance Board (commonly known as the Access Board) and included in regulations implementing the ADA which were issued by the Department of Justice in 1991. What Happened? Near the end of 1992, just over a year after the ADA regulations were published, detectable warnings were heavily under attack by a few groups. These misguided attacks on detectable warnings generally fell into one of two categories. One group believes that blind people do not need environmental adaptations. A second myth is that detectable warnings are unsafe for people who use wheelchairs or people wearing high heels. The pernicious attacks paid off. In the fall of 1992, the Access Board voted to urge the postponement of requirements to install detectable warnings on exterior surfaces. At about the same time, the Department of Transportation issued a proposal to delay the installation of detectable warnings on transit rail platforms. The Access Board questioned the usefulness and safety of detectable warnings and the Department of Transportation was concerned about the ability of detectable warning material to remain safely and firmly adhered to transit platforms. Finally, on July 9, 1993, a notice was published in the Federal Register by the Departments of Justice and Transportation, along with the Access Board, proposing to postpone the requirement for detectable warnings on curb ramps, at uncurbed intersections and around reflecting pools. What is a Detectable Warning In the mid 1980's, ACB members, began to work with city planners, transit officials and tile manufacturers to develop a surface which could be applied in certain settings to serve as a visually and tactually detectable cue or alert for the blind traveler. These efforts paid off when the detectable warning was included in the Americans with Disabilities Act Accessibility Guidelines (ADAAG) were established by the Access Board in 1991. A detectable warning consists of "raised truncated domes with a diameter of ... 0.9 in ..., a height of ... 0.2 in ... and a center-to-center spacing of ... 2.35 in." The warning surface "shall contrast visually with adjoining surfaces, either light-on-dark, or dark-on-light." The material used to create the visual contrast should contrast by at least 70 percent. For detectable warnings used on interior settings, the material shall "differ from adjoining walking surfaces in resiliency or sound-on-cane contact. Several manufacturers now make products which comply with this design. The products now in use are diverse. For example, a "stamp" can be used to embed the detectable warning design in wet concrete, or a warning tile made of various materials can be adhered to or fastened to the surface. If you have not seen a detectable warning surface you can imagine one by placing several combinations of two quarters or one nickel on top of one quarter on a flat surface in a pattern approximately two and one-half inches apart. This provides a rough idea of the height, size and spacing of the domes in the surface. Are Detectable Warnings Needed? The deaths and injuries of blind or visually impaired persons who fall from rail transit platforms tragically remind us that, yes, unprotected transit platforms are indeed dangerous places. The danger of a fall is clearly of grave concern to blind travelers. Even the most well trained traveler can make a mistake where few cues are available or where confusion or activity may mask the cues which are available. Reflecting pools and similar unprotected drop-offs can likewise be quite dangerous. As for the need for warnings on curb ramps and at uncurbed intersections a study conducted early in 1993, illustrates what many blind people have known for quite some time: Shallow curb ramps or uncurbed intersections offer no effective cues to the blind or visually impaired traveler to alert him or her to the difference between the sidewalk and the street. In the study, 80 blind travelers experienced in the use of the white cane approached 80 unfamiliar intersections in eight U.S. cities and stopped when they decided their next step would be into the street. For ramps having slopes similar to those required by the ADA Accessibility Guidelines, blind participants entered streets without stopping on 48% of approaches. Overall, over one third of the blind individuals who encountered a curb ramp inadvertently walked down the ramp and step into the street without first stopping, indicating that blind pedestrians, even those trained in the use of the white cane, experience significant problems detecting curb ramps and uncurbed intersections. Furthermore, when individuals inadvertently walked into the street, there was moving traffic on that street almost 60 percent of the time. Many advocates are pushing for virtually level intersections, reasoning that current ramps may be too steep for many wheelchair users. As level intersections become commonplace, blind pedestrians will experience even grater difficulty in avoiding inadvertently stepping into streets. Think about these questions: Have you unintentionally stepped into a street because there wasn't a curb to warn you or because you didn't notice the gradual slope of the curb ramp? Have you come close to walking off the edge of a transit platform in a rail station, or have you fallen off such a platform? Are you hesitant to use a rail transit system, especially an unfamiliar one, because of the possibility that you might inadvertently step off the edge of the platform? There is no stigma in admitting that one or more of these things has happened to you. Blind pedestrians must not be held to a standard which does not allow any mistakes or which does not acknowledge that the environment is full of distractions which may affect an individual's judgment. Mobility skills among blind people differ and the majority of people who are blind or visually impaired do not receive orientation and mobility training. Blind people have the right to expect the installation of accessibility features such as detectable warnings to help make travel more independent and safe, but we must take a stand in favor of accessibility and safety for people who are blind. What About Safety of the Warnings? Various detectable warning materials and fasteners are available which can meet durability and performance requirements. There is no evidence that tiles or other detectable warning material which has been adequately installed will break down or become a hazard from breaking loose from the surface. Certainly these warnings do require maintenance just like any other surface. The warnings are in place in transit systems, and on sidewalks in cold snowy climates and no injuries have ever been connected to these warnings. Yet, some continue to assume that because the warnings consist of small flat-topped domes they are therefore a hazard. However, our environment is full of sidewalk cracks, manhole covers and other surfaces with portions that project higher than the detectable warning. APPENDIX II -- SIGNAGE Americans with Disabilities Accessibility Guidelines for Building and Facilities 4.30 Signage. 4.30.1* General. Signage required to be accessible by 4.1 shall comply with the applicable provisions of 4.30. 4.30.2* Character Proportion. Letters and numbers on signs shall have a width-to-height ratio between 3:5 and 1:1 and a stroke-width-to-height ratio between 1:5 and 1:10. 4.30.3 Character Height. Characters and numbers on signs shall be sized according to the viewing distance from which they are to be read. The minimum height is measured using an upper case X. Lower case characters are permitted. Height Above Finished Floor Minimum Character Height Suspended or Projected Overhead in compliance with 4.4.23 in (75 mm) minimum 4.30.4* Raised and Brailled Characters and Pictorial Symbol Signs (Pictograms). Letters and numerals shall be raised 1/32 in, upper case, sans serif or simple serif type and shall be accompanied with Grade 2 Braille. Raised characters shall be at least 5/8 in (16 mm) high, but no higher than 2 in (50 mm). Pictograms shall be accompanied by the equivalent verbal description placed directly below the pictogram. The border dimension of the pictogram shall be 6 in (152 mm) minimum in height. 4.30.5* Finish and Contrast. The characters and background of signs shall be eggshell, matte, or other non-glare finish. Characters and symbols shall contrast with their background -- either light characters on a dark background or dark characters on a light background. 4.30.6 Mounting Location and Height. Where permanent identification is provided for rooms and spaces, signs shall be installed on the wall adjacent to the latch side of the door. Where there is no wall space to the latch side of the door, including at double leaf doors, signs shall be placed on the nearest adjacent wall. Mounting height shall be 60 in (1525 mm) above the finish floor to the centerline of the sign. Mounting location for such signage shall be so that a person may approach within 3 in (76 mm) of signage without encountering protruding objects or standing within the swing of a door. 4.30.8* Illumination Levels. (Reserved). ADAAG EXPLANATORY APPENDIX This appendix contains materials of an advisory nature and provides additional information that should help the reader to understand the minimum requirements of the guidelines. A4.30 Signage. A4.30.1 General. In building complexes where finding locations independently on a routine basis may be a necessity (for example, college campuses), tactile maps or prerecorded instructions can be very helpful to visually impaired people. Several maps and auditory instructions have been developed and tested for specific applications. The type of map or instructions used must be based on the information to be communicated, which depends highly on the type of buildings or users. Landmarks that can easily be distinguished by visually impaired individuals are useful as orientation cues. Such cues include changes in illumination level, bright colors, unique patterns, wall murals, location of special equipment or other architectural features. Many people with disabilities have limitations in movement of their heads and reduced peripheral vision. Thus, signage positioned perpendicular to the path of travel is easiest for them to notice. People can generally distinguish signage within an angle of 30 degrees to either side of the centerlines of their faces without moving their heads. A4.30.2 Character Proportion. The legibility of printed characters is a function of the viewing distance, character height, the ratio of the stroke width to the height of the character, the contrast of color between character and background, and print font. The size of characters must be based upon the intended viewing distance. A severely nearsighted person may have to be much closer to recognize a character of a given size than a person with normal visual acuity. A4.30.4 Raised and Brailled Characters and Pictorial Symbol Signs (Pictograms). The standard dimensions for literary Braille are as follows: Dot diameter .059 in. Inter-dot spacing .090 in. Horizontal separation between cells .241 in. Vertical separation between cells .395 in. Raised borders around signs containing raised characters may make them confusing to read unless the border is set far away from the characters. Accessible signage with descriptive materials about public buildings, monuments, and objects of cultural interest may not provide sufficiently detailed and meaningful information. Interpretive guides, audio tape devices, or other methods may be more effective in presenting such information. A4.30.5 Finish and Contrast. An eggshell finish (11 to 19 degree gloss on 60 degree glossimeter) is recommended. Research indicates that signs are more legible for persons with low vision when characters contrast with their background by at least 70 percent. Contrast in percent shall be determined by: Contrast = [(B1 - B2)/B1] x 100 where B1 = light reflectance value (LRV) of the lighter area and B2 = light reflectance value (LRV) of the darker area. Note that in any application both white and black are never absolute; thus, B1 never equals 100 and B2 is always greater than 0. The greatest readability is usually achieved through the use of light-colored characters or symbols on a dark background. A4.30.8 Illumination Levels. Illumination levels on the sign surface shall be in the 100 to 300 lux range (10 to 30 footcandles) and shall be uniform over the sign surface. Signs shall be located such that the illumination level on the surface of the sign is not significantly exceeded by the ambient light or visible bright lighting source behind or in front of the sign