Important changes to the ADA Title II and Title III regulations are in effect starting March 15

[Posted by alaurie_97@yahoo.com]

Important changes to the ADA Title II and Title III regulations are in
effect starting March 15. Title II applies to state and local
governments. Title III applies to the private sector: stores, hotels,
day care centers, non-profit organizations, medical providers, etc.
Most of the changes in the two regulations are the same.


What are the changes
Service Animals
The definition of service animals now only includes dogs. Other
animals, whether wild or domestic, do not qualify as service animals.
Dogs must be individually trained to do work or perform tasks. Dogs
that are not trained to perform tasks that mitigate the effects of a
disability, including dogs that are used purely for emotional support,
are not service animals. The regulations also clarify that the animal
must be under the handler‚s control at all times, that the handler is
responsible for the animal‚s care and what questions can and can‚t be
asked a person indicates his or her dog is a service animal.

Miniature Horses
Although not under the definition of service animals, the regulations
permit the use of trained miniature horses as alternatives to dogs,
where appropriate. Assessment factors to determine appropriateness
include the type, size, and weight of the miniature horse; whether the
facility can accommodate these features; whether the handler has
sufficient control of the miniature horse; whether the miniature horse
is housebroken; and whether the miniature horse's presence in a
specific facility compromises legitimate safety requirements that are
necessary for safe operation.

Wheelchairs and Other Power-Driven Mobility Devices
The regulations distinguish wheelchairs and "other power-driven
mobility devices‰ (OPDMDs). OPDMDs are mobility devices not designed
for people with disabilities, but which are often used by people with
disabilities (such as the Segway). Wheelchairs must be permitted in
all areas open to pedestrian use. OPMDs must be permitted unless their
use would fundamentally alter programs, services, or activities;
create a direct threat or create a safety hazard.

Ticketing (not parking tickets - tickets to sporting events, concerts,
theater, etc.)
Tickets for accessible seating must be available to purchase during
the same hours; during the same stages of ticket sales (pre-sales,
promotions, lotteries, wait-lists, and general sales) and through the
same methods of distribution (phone, in person, internet, third party)
as tickets for non-accessible seating. The regulations also include
requirements concerning information about the location and
availability of accessible seating, hold and release of accessible
seating to persons with out disabilities, prevention of the fraudulent
purchase of accessible seating, and the ability to purchase multiple
tickets when buying accessible seating.

Effective Communication
The regulations include video remote interpreting (VRI) services as a
type of auxiliary aid that may be used to provide effective
communication. To ensure that VRI is effective, the regulations
include performance standards for VRI and requires training for users
of the technology. The regulations state that a minor child may not be
used to interpret or facilitate communication except under emergency
situations.

More ADA Title II and Title III regulations changes go into effect
next year on March 15, 2012. We will discuss those in future updates.

Revised Final Title II Regulation < http://www.ada.gov/regs2010/titleII_2010/titleII_2010_withbold.htm

> with new requirements in bold typeface.

Revised Final Title III Regulation < http://www.ada.gov/regs2010/titleIII_2010/titleIII_2010_withbold.htm

> with new requirements in bold typeface.

Please contact the New England ADA Center if you have any questions.
Hit the reply button or send an email to ada...@newenglandada.org
<mailto: ada...@newenglandada.org> or call 800-949-4232 voice/tty
(New England only).


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