DOJ Mulls a New, Improved ADA

[Cheshire Figment]

The following is from the May, 2005, Meetings & Conventions Magazine:

"DOJ Mulls a New, Improved ADA

The Landmark Accessibility Law Undergoes Fine Tuning

Fifteen years after the Americans With Disabilities Act became law, the U.S. Department of Justice is considering revising the regulations.

The DOJ is working from new guidelines published last July by the Architectural and Transportation Barriers Compliance Board, also known as the U.S. Access Board. The new rules are not enforceable unless the DOJ revises the current ADA guidelines.

Among the changes being considered are enhancements to employee work areas in offices and kitchen areas in hotel rooms, along with measures insuring proper turning space and drinking fountains placed at the proper height for people using wheelchairs.

A period of public comment on the proposed rules, during which businesses can address the cost of compliance, will conclude on May 31. At press time no schedule had been set for when the new guidelines might be adopted. According to the DOJ, 'The length of the process will be determined by the volume of the comments received, as well as the department's need to complete a regulatory impact analysis.'

Facilities managers concerned that new rules will mean expensive makeovers can rest easy: ADA regulations apply to new construction and planned alterations. Existing structures must comply only in the event of significant renovations. To find updates on the proceedings, visit the Access Board's website ( www.access-board.gov )."

I went to that site and a few steps down found http://www.ada.gov/proposal.htm which has a couple of .pdf files. There is a lot of information available.

 

[Michigan]

15 years and most people that should know the law don't have a clue. I am in the process of making a hotel reservation with a large chain that has lost the most in suit claims because of the ADA and they still don't get it. The hotel only has a king bed in a brand new hotel for wheelchair access. The reservation guy quotes me the federal fire law why only 3 people can be in this room and then I have to quote him another federal law the ADA which says that the standard for a hotel room is 4 and if you can only put three in a room then an adjoining room must be given for free. He tries to tell me that he doesn't think that is so. Little does he know I even have the DOJ settlement stating so. Guest Relations tells me it will take 72 hours to get the hotel to comply if they can do so. I have been to the online reservations site and they still have rooms so if they tell me they can't well guess what they will get another suit. I get so tired of explaining that no one should have to crawl into a bathroom.

 

[Cheshire Figment]

The following is from the Federal Register Vol 69, No 189, Page 58781:

"Question 42. A new requirement at ADAAG 234.3 provides that every new or altered amusement ride must provide at least one wheelchair space or transfer device. The preamble to the final recreation facilities guidelines provides that the transfer device may be separate from, rather than integral to, the ride. The Department wishes to collect data about the effects of this requirement if it is applied to existing amusement rides under the barrier removal requirements of Title III. With respect to your existing rides, have you used transfer devices or other means to make the ride accessible to persons with disabilities? If so, what did the transfer device cost?

Persons with disabilities and the general public are invited to comment on the incremental benefit of having transfer devices available for use on existing rides."

The link I provided ends up with a 20 page posting from the Federal Register with three columns per page and about 8 point type. It makes for fascinating reading. (Of course, I am a retired Federal Bureaucrat.)

 

[SueM in MN]

Thanks for the information. I haven't had a chance to read much lately, so have not had time to comment.