Design for Accessibility A Cultural Administrator's Handbook >lfc?-l Framing the Discussion No discussion on accessibility is complete without understanding the history of accessibility as a civil right. The Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 are significant laws in the United States long history of enacting legislation to ensure the civil rights of its people. The concept of civil rights in this country began with the signing of the Declaration of Independence. Unfortunately, We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness, although promising in sentiment, did not provide specifics. Hence, the disability rights movement, although relatively new, vividly brings the needs, concerns and rights of people with disabilities to national attention. 1776: The Declaration of Independence states all men are created equal. 1865: The Thirteenth Amendment to the Constitution abolishes slavery. 1868: The Fourteenth Amendment holds that no state can deny any U.S. citizen equal protection under the law. 1920: The Nineteenth Amendment grants women the right to vote. 1935: The League of the Physically Handicapped, New York City, protests discrimination against people with disabilities by federal relief programs with sit-ins, picket lines and demonstrations. 1964: The Civil Rights Act of 1964 prohibits employment discrimination based on race, sex, national origin or religion, and prohibits public access discrimination. 1967: The Age Discrimination in Employment Act (ADEA) prohibits age discrimination for 40 to 65-year-olds. In 1986, it is amended to remove the 65-year-old age cap. 1968: The Architectural Barriers Act mandates that federally constructed buildings and facilities be accessible to people with physical disabilities. 1970: Disabled in Action organizes, after a successful employment discrimination suit against New York City s public school system, and files litigation on behalf of disability rights in several cities. 1971: The U.S. District Court of Alabama, in a crucial victory for de-institutionalization, rules that people with disabilities cannot be locked away in custodial institutions without treatment or education. 1971: Disabled activists in Washington, DC demonstrate to protest the Presidential veto of what will become the Rehabilitation Act. Continued on inside back cover Design for Accessibility A CULTURAL ADMINISTRATOR'S HANDBOOK W NATIONAL ENDOWMENT FOR THE ARTS itates \a*}J NATK nun iiimii nun NATIONAL ASSEMBLY OF STATE ARTS AGENCIES The Kennedy Center Met Life Foundation Cover Artwork Alex Wilhite, "Illusion of Red & Blue," 1988, acrylic on canvas, 38 x 28 inches. Courtesy of VSA arts Gallery, ©Alex Wilhite, 1994. Postminimalist Alex Wilhite's large-scale works are boldly abstract, geometrically precise and typically characterized by bright, strong colors. He makes his own paint from earth materials and uses acid-free paper, canvas and wood. Wilhite is a graduate of the Pratt Institute in Brooklyn, New York, and his work has been shown throughout the United States and Europe. Order Information Print copies of "Design for Accessibility: A Cultural Administrator's Handbook" may be obtained by contacting: National Assembly of State Arts Agencies (NASAA) 1029 Vermont Avenue, NW, 2nd Floor Washington, DC 20005 (202) 347-6352 voice (202) 347-5948 TTY (202) 737-0526 fax Individuals who do not use conventional print may access this publication on the Arts Endowment Web site at www.arts.gov or contact its AccessAbility Office for help in acquiring an audio recording of this book: National Endowment for the Arts Office for AccessAbility 1100 Pennsylvania Avenue, NW Washington, D.C. 20506-0001 (202) 682-5532 voice (202) 682-5496 TTY (202) 682-5715 fax Disclaimer The information presented in this handbook is intended solely as guidance and is neither a determination of an organization's legal rights and responsibilities under Section 504 of the Rehabilitation Act of 1973, as amended; the Americans with Disabilities Act (ADA), or any of the laws referenced herein, nor binding on any agency with enforcement responsibilities under Section 504 or the ADA. It is not intended to and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States. © NASAA. All rights reserved. A Message from Met Life Foundation Ten years ago MetLife Foundation partnered with the National Endowment for the Arts and the National Assembly of State Arts Agencies in the development and publication of "Design for Accessibility: An Arts Administrator's Guide." We are pleased to be part of this latest effort to sponsor "Design for Accessibility: A Cultural Administrator's Handbook." Making cultural facilities and programs more accessible for people of all abilities is an integral part of MetLife Foundation's commitment to inclusion. Working together, we can make a difference. FOREWORD Every person in America, including the 54 million citizens with disabilities and more than 35 million Americans who are age 65 and older, should be able to participate in the arts and the humanities. Cultural communities across the country are focusing on inclusion: integrating older adults and people with disabilities into all aspects of the organization — from planning and design to marketing and technical assistance. The National Assembly of State Arts Agencies (NASAA), the John F. Kennedy Center for the Performing Arts, the National Endowment for the Humanities and the National Endowment for the Arts are committed to fully accessible programming. Accessibility, however, must ultimately become everyone's responsibility to make a lasting difference, and it is organizations and individuals in the field who are making it happen. "Design for Accessibility: A Cultural Administrator's Handbook" represents an update of the Arts Endowment's "The Arts and 504" (1992) with additional information from the 700-page "Design for Accessibility: An Arts Administrator's Guide" produced by the Arts Endowment and NASAA in 1994. This resource is designed to help you not only comply with Section 504 and the Americans with Disabilities Act, but to assist you in making access an integral part of your organization's planning, mission, programs, outreach, meetings, budget and staffing. In the new millennium, inclusion must be ever present in our vision. As new technologies and methods are developed, the possibilities of access will change. Since the disability rights movement rose to prominence in the 1970s, federal legislation has been passed, and disabled individuals are finally becoming part of the cultural mainstream. Great strides have been made, particularly in architectural and program access. Many Americans with disabilities now have the opportunity to create and participate fully in the arts and humanities. Much work, however, remains to be done. We hope this handbook will assist you with that important work. Dana Gioia, Chairman Bruce Cole, Chairman National Endowment for the Arts National Endowment for the Humanities Jonathan Katz, Chief Derek E. Gordon, Senior Executive Officer, National Vice President, John F. Kennedy Assembly of State Arts Agencies Center for the Performing Arts Goal of This Handbook The goal of "Design for Accessibility: A Cultural Administrator's Handbook" is to provide guidance to cultural administrators on accessibility and inclusion for creating new or opening up existing programs to include individuals with disabilities and older adults, whether as staff, volunteers, program participants or audience members. "Design for Accessibility: A Cultural Administrator's Handbook" addresses several key points: • Cultural programs must be fully accessible and inclusive to every individual, including citizens with disabilities and older adults. • Cultural service organizations need to set an example for their constituents by making their facilities, meetings, Web sites, print materials and activities fully accessible and inclusive to everyone. • The assurance of equal opportunity for all people to participate in the humanities and the arts should be a fundamental starting point. This handbook offers introductory guidance on how to accomplish these goals. More information about accessibility may be found under "Accessibility" at the National Endowment for the Arts' Web site, www.arts.gov, the National Endowment for the Humanities Web site, www.neh.gov, and by contacting organizations listed in the resource pages at the end of each chapter. "We are advocates for full access to the arts. All arts organizations should be physically and programmatically accessible to all people with disabilities, artists and audiences alike. If these organizations provide anything less, they are breaking laws that have been in existence for thirty years." Margaret Staton, Founder/Chair, and Deborah Lewis, Executive Director, The Ethel Louise Armstrong Foundation Table of Contents Foreword 1 The Goal of this Handbook 2 Chapter 1 Planning with Inclusion as the Goal 5 Key Planning Points for Cultural Organizations 6 Objectives and Strategies 7 Planning and Partnership Questions 8 Chapter 2 Legal Overview: the ADA and the Rehabilitation Act 15 Introduction .15 The Laws and Guidelines 16 Key Requirements and Best Practices 23 Definitions 30 Americans with Disabilities Act Questions and Answers 32 Chapter 3 Architectural Access 55 Universal Design 55 Surveying for Accessibility 59 Preliminary Guide to Architectural Accessibility 62 Chapter 4 Architectural Access to Historic Properties 87 Planning Accessibility Modifications 88 Making Historic Landscapes Accessible 92 Chapter 5 Effective Communication and Program Access 97 For People who are Blind or Have Low Vision 98 For People with Hearing or Speech Disabilities 102 For People with Cognitive Disabilities 108 Chapter 6 Accessibility in Arts and Humanities Activities 115 Museums, Exhibitions and Visual Arts 117 The Performing Arts 121 Multimedia: Film, Video, Radio, Television, Web sites and the Internet 127 Literary Activities 1 30 Chapter 7 Meetings, Panels, Lectures and Conferences .137 Accessible Presentations 139 Chapter 8 Training for Staff, Board Members, Volunteers and Constituents 145 Components of an Effective Training Program 146 Producing an Accessibility Conference or Workshop 149 Chapter 9 Audience Development and Marketing 155 Invite, Welcome and Respect 155 Basic Strategies and Tools for Marketing Accessibility 156 Targeting a Specific Population or Group 157 Useful Tools 158 Chapter 10 Accessibility is a Work in Progress 163 CD CD E CO JO o o Dance Detour, Chicago, IL: Alana Yvonne Wallace, Maria Lainer and Heather Baumgarner CHAPTER 1 Planning With Inclusion as the Goal In the year 2003, more than 54 million Americans live with disabilities. Because of advances in medical science, the number of people surviving disabling accidents and conditions has grown and the proportion of people with disabilities in American society is increasing. As a result of federal legislation focusing on education, employment, and access to public and private services and facilities, people with disabilities are increasingly becoming an economic force, as well as gaining access to the cultural mainstream. Further, 37 million Americans are age 65 or older. By the year 2030, the Census Bureau estimates that one out of four people will be over the age of 65. The profile of older adults is changing. People over 65 are healthier, work longer, are more interested in volunteer opportunities and have more resources than in previous generations. Increasingly, they will be more involved in recreational and cultural activities. Cultural organizations must plan for inclusion by providing fully accessible spaces and programs that welcome people of all ages and abilities. As these demographic changes take place, the concept of universal design in architecture has provided a new way of thinking about inclusion. The goal of universal design is to make the human environment usable by as many people as possible. Cultural organizations and agencies must move beyond old concepts that define people with disabilities and older adults as a "special" group of people. The focus of cultural organizations needs to shift to a policy of "State arts agencies have the opportunity to change the way their grantees think about the ADA. They can help their constituents embrace and not fear what the program is about. It is a work in progress — and not meant to be done tomorrow. Why do it? Because it is the right thing to do. The arts are for everyone." Wayne Lawson, Executive Director, Ohio State Arts Council Chapter 1 inclusion, a way of ensuring that people with disabilities and older adults have the same opportunities as other participants. Accessibility leads to inclusion and should be viewed as an organizational asset that creates a larger audience by engaging everyone in the arts and humanities. Older adults and people with disabilities will patronize organizations where they feel comfortable and welcomed. Key Planning Points for Cultural Organizations • Accessibility is an organizational asset. • Access is a civil rights issue. Access to cultural programs is a legal requirement of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. State humanities councils and state arts agencies receiving federal funding need to understand these legal requirements. • Involve people with disabilities and people of all ages throughout the accessibility planning process by establishing an access advisory committee. Include people with disabilities in the organization's definition of diversity. Plan for the inclusion of people with disabilities and people of all ages as an integral part of long-range or strategic plans. Articulate inclusiveness in value statements, goals and program strategies. Be a leader. Broker new partnerships; facilitate learning experiences and reward excellence. Include individuals with disabilities as staff, board members and volunteers. Remember that accessibility is only one means to a larger goal — inclusion in the cultural community of people of all ages, with and without disabilities. "To be creative in later life provides an invaluable model of what is possible as we age, for our children, grandchildren, great grandchildren and society. As a role model in your family or in the lives of others, you can shape individual thinking and societal policies about aging. Historically, creativity has distinguished elders as "keepers" of the culture, those who pass the history and values of family and community on to the next generation. ..most important, aging and creativity present an unparalleled opportunity for us as individuals, to grow as we grow older, in ways that in younger years we could not even have dreamed." "The Creative Age" by Gene D. Cohen, M.D., PH.D., Avon Books, Inc., 2000 Planning with Inclusion as the Goal Objectives and Strategies When developing a plan to achieve accessibility and inclusion, an organization should define its direct internal and external objectives, including: • Thorough review of procedures and means of interacting with constituents. • Appointment of an accessibility coordinator. • Accessibility of buildings and grounds. • Accessibility of public meetings. • Design of print materials for legibility and easy comprehension. • Accessibility of Web site for use by people with hearing, mobility and visual disabilities. • Accessibility of other communication systems. • Programming respectful and reflective of the community. Indirect objectives for promoting accessibility and inclusion may involve: • Educating constituents about their legal obligations and effective ways to achieve accessible programs and activities. • Providing technical aid to constituents to remove physical barriers. • Serving as an information resource and model of accessibility. • Assessing the economic impact of audience expansion on cultural programming. • Creating partnerships that promote inclusion and access. "In order for a state agency to have a commitment to ADA, the ground work must be done by the 504/ADA coordinator. The coordinator must ensure that staff and board are educated and continuously updated regarding issues of compliance. The Ohio Arts Council's access work includes: mandating that at least one person with a disability serve on every panel; establishing a statewide network of artists with disabilities; and professional development grants to assist their careers. None of this would have been possible without our Access Advisory Committee of artists with disabilities, keeping staff and board aware of access issues, and, most important, the strong and steadfast support of our Executive Director and our Board." Phyllis Hairston, Building Diverse Audiences & 504/ADA Coordinator, Ohio Arts Council 8 Chapter 1 Planning and Partnership Questions No single strategy or plan is right for every cultural organization. A plan should be tailored to meet the needs of an organization's existing and future constituencies. The best way to do this is by including people with disabilities and people of all ages in the planning process. The following questions can help clarify what strategies are appropriate for your organization. Q. For grant making organizations, such as state humanities councils and state arts agencies, what is the organization's commitment to ensuring that people with disabilities and people of all ages have access to the cultural activities within their area? A. An organization should work with staff and representatives from the field to: • Provide technical assistance to applicants and grantees. • Ask grantees to document their accessibility efforts or assessments. • Include accessible language in grant making criteria and application forms. • Fund accessibility projects as part of audience expansion, technology programs and inclusiveness initiatives. • Establish a complaint procedure. Q. How can a cultural organization work together with its constituency to make cultural resources more inclusive and accessible to everyone? A. Many tools exist to aid this discussion. The organization can send a questionnaire to the field to elicit the accessibility achievements and needs of constituents. It can hold strategic planning forums that include participants from other cultural organizations and from the disability community. The most useful tool is the creation of an ongoing advisory committee that includes people, with and without disabilities, who, along with staff and board members, help to develop the inclusive aspects of the organization's strategic plan. It is also important to have people with disabilities on review panels, on staff and on the board of directors. Q. What are some strategies a cultural organization can use to help constituents achieve more inclusive environments? A. In addition to funding, the organization can provide information and technical assistance with assessment, development and execution of accessibility plans. It can offer access workshops and include accessibility on the agenda at statewide or regional cultural conferences. It can make Planning With Inclusion as the Goal accessibility resources available in print material, electronic postings of access resources on the organization's Web site and find ways for other groups with good track records to share their success stories. Remember that many nonprofit organizations, as well as state and federal agencies dealing with disability and accessibility issues, may also provide information and services. Q. How can a cultural organization promote partnerships? A. A cultural organization, particularly a regional, state or local arts agency or state humanities council, knows its constituency and is familiar with other cultural organizations in its area. It can work to promote partnerships between complementary organizations. Strategies might include sharing the cost of equipment, promoting joint fundraising projects and producing cultural access guides. An organization may encourage constituents to form partnerships with private foundations and corporations to provide services, products or funding. An organization may also acknowledge its constituents' successes through awards, in "best practices" publications and feature articles, or on Web sites. Q. What are the steps in planning for an accessible environment? A. The first step in the planning process is making the commitment to accessibility. Assessing the organization's current accessibility assets and planning for what it needs should follow. Finally, an organization should advertise its accessibility assets to its constituents. Q. How does a cultural organization evaluate its accessibility assets? A. Chart what accessibility assets the organization has and what assets it needs to meet or exceed legal standards. Look at the buildings, grounds, programming, how meetings are conducted and communications systems. "We at the Arts Endowment believe that it is important to listen to and celebrate the diverse voices of America, to literally hear and see all America singing and talking and painting and writing. Through lessons gleaned from the challenges of everyday life, Americans with disabilities have an important contribution to make to our democracy. We need to challenge America's sense of ease and entitlement, and demand that our nation open the doors of our cultural institutions so that people with disabilities may contribute their vision and craft to our country's journey through the rich and complex landscape of the 21st century." William Ivey, Chairman, National Endowment for the Arts (1998-2001) 10 Chapter 1 Examine procedures for interaction with employees, volunteers, program participants and audience members. The assessment should involve staff, the board of directors, outside consultants, the accessibility advisory committee, audience members and program participants. Strategies should be developed to obtain needed accessibility assets as part of the overall strategic plan. An organization must determine: • Who will be involved in implementing the plan and what their roles will be. • What outside professional help will be needed. • What it will cost to implement the plan. • How the work will be funded. • Whether the work will be done all at once or in stages. Q. How does an organization use its accessibility assets to attract new audiences? A. All too often organizations do substantial work to achieve inclusiveness but neglect to tell anyone about it. An important part of the planning process is to evaluate the organization's current marketing plan to see that it promotes the organization's accessibility assets, and to assure that its marketing tools reach people with various disabilities. Q. When does the planning process end? A. Planning is an organizational tool. Although a particular plan ends when the objectives and goals are reached (or a determination is made that they cannot be reached), the planning process never ends. Access issues, in particular, need ongoing attention. A permanent accessibility advisory committee can help keep the organization on track. A sound organization uses planning as a way to keep the objectives and goals of the organization balanced and to evaluate how well its mission is being met. Planning With Inclusion as the Goal 11 Planning for Accessibility "A State Arts Agency Strategic Planning Tool Kit" Published in 2000 by the National Assembly of State Arts Agencies (NASAA) with advice and funding from the National Endowment for the Arts (NEA), the tool kit explores the conceptual basis of planning, outlines the process to use in creating a good strategic plan and includes case studies. National Assembly of State Arts Agencies (NASAA) 1 029 Vermont Avenue, NW, 2nd Floor Washington, DC 20005 (202) 347-6352 voice (202) 347-5948 TTY (202) 737-0526 fax www. nasaa-arts.org "A Universal Environment: Beyond Access to Opportunity" The New York State Council on the Arts (NYSCA) created this useful resource for accessibility planning, which is available on their Web site. New York State Council on the Arts 1 75 Varick Street New York, NY 10014 (212) 627-4455 voice www.nysca.org/UniversalPlanning.html The Office for AccessAbility of the National Endowment for the Arts (NEA) The NEA Office for AccessAbility, established in 1976, is the Endowment's advocacy/technical assistance arm for people with disabilities, older adults, veterans and people living in institutions. Work includes: • Providing technical assistance to staff and grantees on making the arts fully accessible and compliant with the Endowment's Section 504 regulations and the Americans with Disabilities Act (ADA). • Initiating cooperative projects and leadership initiatives with other federal agencies and nonprofit groups to educate professionals concerning accessibility issues. • Encouraging support for the needs of older adults, individuals with disabilities and people living in institutions. 12 Chapter 1 • Assisting applicants and grantees with project development involving targeted groups. • Organizing and presenting panels, seminars and workshops for NEA staff, grantees and other federal agencies. National Endowment for the Arts Office for AccessAbility 1 100 Pennsylvania Avenue, NW Washington, DC 20506 (202) 682-5532 voice (202) 682-5496 TTY (202) 682-5715 fax www.arts.endow.gov/partner/Accessibility/Brochure.html Statistical Information U.S. Census Bureau Statistics The United States Bureau of the Census is the official resource for social, demographic and economic statistics. They also provide data on disability. Disability Statistics (1997) • Nearly 1 in 5 people — 54 million — said they have some level of disability, while 1 in 8 — 33 million — report they have a severe disability. • Among the population aged 15 and over, 25 million have difficulty walking a quarter of a mile or climbing a flight of 10 stairs, or have to use an ambulatory aid. • 2.2 million are wheelchair users. • 6.4 million use canes, crutches or walkers. 16.4 million have other mobility impairments. • 18 million have difficulty lifting and carrying a 10-pound bag of groceries or grasping small objects. • 7.7 million people have trouble seeing the words and letters in ordinary newspaper print (even with glasses). • 8 million people have difficulty hearing or are deaf. • 14.3 million have a mental disability, including 3.5 million with a learning disability. U.S. Census Bureau Washington, DC 20233 www.census.gov/hhes/www/disability.html o DC CO w w CO Smithsonian Institution, Washington, DC: Visitor Freddie Pecco with tactile and braille map CHAPTER 2 Legal Overview: the ADA and the Rehabilitation Act This chapter provides cultural administrators with an overview of the general legal principles used to achieve accessibility for persons with disabilities. Three key federal accessibility laws require all organizations that serve the public or receive direct or indirect federal funds to enable people with disabilities to enjoy the benefits of the organization's services. Cultural organizations must ensure that these laws are upheld both within their own organization and by any subgrantee or subcontractor receiving federal funding. For example, a state arts agency or humanities organization's enforcement responsibility would include: providing technical assistance; establishing a complaint procedure; investigating any complaints; and, in the instance of a violation, terminating funds and, if appropriate, referring the complaint for further enforcement. "The disability rights movement, over the last couple of decades, has made the injustices faced by people with disabilities visible to the American public and to politicians. This required reversing the centuries-long history of 'out of sight, out of mind' that the segregation of disabled people served to promote. The disability movement adopted many of the strategies of the civil rights movement before it. Like the African-Americans who sat in at segregated lunch counters and refused to move to the back of the bus, people with disabilities sat in federal buildings, obstructed the movement of inaccessible buses and marched through the streets to protest injustice. And like the civil rights movements before it, the disability rights movement sought justice in the courts and in the halls of Congress." "The History of the ADA: A Movement Perspective," by Arlene Mayerson, 1992, legal counsel for Disability Rights Education and Defense Fund (DREDF), www.dredf.org 16 Chapter 2 Three pieces of federal legislation have had a significant impact on cultural organizations: the Architectural Barriers Act of 1968, the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1990. This chapter outlines the three federal laws and their implementing standards, and discusses some of the key legal requirements and best practices that maximize inclusion and opportunities for compliance with the laws while minimizing risks. Law and Guidelines Architectural Barriers Act of 1968 ("ABA") (42 U.S.C. §4151 etseq.) Cultural organizations that use federal funds to design, construct or alter a building must comply with a minimum level of physical accessibility. The Architectural Barriers Act applies to buildings constructed or altered by, on behalf of, or for the use of the federal government, to federal leases and to buildings: • to be financed in whole or in part by a grant or a loan made by the United States after August 12, 1968, if such building or facility is subject to standards for design, construction or alteration issued under authority or the law authorizing such grant or loan; or • to be constructed under authority of the National Capital Transportation Act of 1965, or title III of the Washington Metropolitan Area Transit Regulation Compact. Other buildings or facilities constructed by recipients of federal funds are subject to Section 504 of the Rehabilitation Act, which requires all new construction and alterations to be accessible. Regulations implementing Section 504 "deem" compliance with the Uniform Federal Accessibility Standards (UFAS) to be in compliance with Section 504. Both statutes require accessible construction, so the compliance obligation for new construction is the same. ABA requirements do not address the activities or programs conducted in those buildings and facilities. Legal Overview: the ADA and the Rehabilitation Act 17 Rehabilitation Act of 1973, as amended ("Rehabilitation Act") (29 U.S.C. § 794 for Section 504) Cultural organizations, private or public, that receive direct or indirect federal funds or federal financial support must make programs, services and activities accessible, including employment opportunities. The Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by federal agencies, in federal employment, in the employment practices of federal contractors and in programs receiving federal financial assistance, including state and local governments and private entities. The Rehabilitation Act contains five sections that address different aspects of equal opportunity for people with disabilities. In summary, the sections and their requirements are: Section 501. Prohibits discrimination on the basis of disability in the federal government and requires affirmative action in the hiring of people with disabilities by government agencies. Section 502. Establishes the Architectural and Transportation Barriers Compliance Board and gives the board authority to enforce the Architectural Barriers Act of 1968. Section 503. Prohibits employment discrimination by federal contractors and requires anyone receiving a contract or subcontract from the federal government in excess of $10,000 to have an affirmative action plan for hiring qualified people with disabilities. Section 504. Prohibits discrimination on the basis of disability and requires federal agencies and any organization that receives federal funding to make its programs and activities accessible to people with disabilities. Section 508. Revised in 1998, requires that any electronic or information technology developed, maintained, procured or used by federal agencies be accessible and usable by federal employees and members of the public with disabilities seeking information or services from federal agencies. Federal agencies each have their own section 504 regulations and cultural organizations (private and public) must comply with the Section 504 regulations of all agencies providing them with federal funds, whether 18 Chapter 2 directly or indirectly. For example, a museum that receives funding from the U.S. Department of Education (direct), and funding from their state humanities council, which received funding from the National Endowment for the Humanities (indirect), must comply with both federal agencies' Section 504 regulations. Indirect federal financial support includes pass-through money and subgrants. The funds may come from the state or local government, arts or humanities council, but that organization is actually passing on federal funds. For example, when: • a state arts agency dispenses federal funds from the National Endowment for the Arts (NEA); • a state humanities council dispenses funds from the National Endowment for the Humanities (NEH); • a state department of education dispenses funds from the United States Department of Education; • a state arts council dispenses NEA funds to a local arts agency, which in turn subgrants them to a nonprofit organization; or • local governments use federal revenue-sharing funds to support arts and humanities programs, then, in each case, the ultimate fund recipient must comply with the dispensing agency's Section 504 regulations. The Americans with Disabilities Act of 1990 ("ADA") (42 U.S.C. § 12101 etseq.) Cultural organizations, regardless of whether they receive federal financial assistance and whether they are public or private entities, must not discriminate against individuals with disabilities. Any public or private organization that meets the definition of a covered entity as contained in the ADA must comply. In 1990, Congress enacted legislation to expand the civil rights of all individuals with disabilities. The ADA is more sweeping in its coverage than Section 504. It goes well beyond federally funded organizations to encompass private sector entities that serve the public, including cultural organizations that do not receive federal financial support. The ADA prohibits discrimination on the basis of disability in employment, state and local government services, public accommodations, commercial facilities, transportation and telecommunications. Legal Overview: the ADA and the Rehabilitation Act 19 The ADA contains five titles that extend different aspects of equal opportunity for people with disabilities. The titles and their requirements are: Title I — Employment. Requires all employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. Title II — State and Local Government. Requires that all state and local governments (their departments and agencies) give people with disabilities an equal opportunity to benefit from all of their public programs, activities and services (e.g., public education, employment, transportation, recreation, health care, social services, courts, voting and town meetings). Title III — Public Accommodations and Services Operated by Private Organizations. Requires places of public accommodation to meet architectural accessibility standards for new and altered buildings and remove barriers in existing buildings where such removal is readily achievable; make reasonable modifications to policies, practices and procedures; provide effective communication mechanisms for people with hearing, vision or speech disabilities; and other access requirements. Title IV — Telecommunications. Amends the Communications Act of 1934 to require common carriers (telephone companies) to provide interstate and intrastate Telecommunications Relay Services (TRS) 24 hours a day, 7 days a week. This title addresses captioning of public service announcements. (Captioning and video description of television programming are addressed in later statutes and in regulations issued by the Federal Communications Commission.) Title V — Miscellaneous Provisions. States, among other provisions, that federal laws shall not supersede state laws with more stringent accessibility provisions. Federal Accessibility Standards Federal law requires that organizations adhere to physical accessibility standards to comply with the three laws described above. The U.S. Architectural and Transportation Barriers Compliance Board (Access Board) is responsible for developing accessibility guidelines to assist federal standard-setting agencies to implement the Architectural Barriers Act 20 Chapter 2 of 1968 (ABA) and the Americans with Disabilities Act of 1991 (ADA). The Access Board has published two sets of guidelines: • The Minimum Guidelines and Requirements for Accessible Design were used as the basis for the Uniform Federal Accessibility Standards (UFAS) published by the General Services Administration, Department of Housing and Urban Development, U.S. Postal Service and the Department of Defense under the ABA. • The ADA Accessibility Guidelines (ADAAG) form the basis of the accessibility standards published by the Department of Justice and the Department of Transportation to implement the ADA. In 1999, the Access Board began updating and revising both standards in order to make them more consistent with one another. These standards will contain the minimum requirements necessary for compliance with the ABA, Section 504 and the ADA, and should be completed by 2003. In general, private nonprofit and for profit cultural organizations (places of public accommodation) are subject to the ADA Standards including the ADAAG. Federal agencies, public cultural organizations (state or local government agencies) and private organizations receiving direct or indirect federal funds are subject to UFAS. This includes the National Endowment for the Humanities (NEH) and the National Endowment for the Arts (NEA). Under Title II of the ADA, as will be discussed, in certain circumstances public cultural agencies not receiving federal funding may have a choice between standards. Neither the ADA Standards including the ADAAG nor UFAS supersede state or local laws that provide greater or equal benefit to individuals with disabilities. Cultural organizations that fall under more than one of these mandatory standards should follow the requirement that provides the greatest level of accessibility. Administrative Requirements of Section 504 and Title II of the ADA Congress passes laws and then directs various federal agencies to develop regulations that are used as the tools by which the agencies enforce the laws. For example, Congress passed the Rehabilitation Act and directed each federal agency to develop its own set of Section 504 regulations to implement agency programs. Congress passed the Americans with Disabilities Act and directed the Equal Employment Opportunity Commission (EEOC) to develop the regulations for Title I and the Department of Justice (DOJ) and Department of Transportation to develop the regulations and accessibility standards for Titles II and III. Legal Overview: the ADA and the Rehabilitation Act 21 Federal agencies each have their own Section 504 regulations. Organizations receiving federal funding should determine what the Section 504 requirements are for each agency from which it receives funding. The National Endowment for the Humanities (NEH) and the National Endowment for the Arts (NEA) amended their Section 504 regulations in 1991 to require that their grantees follow UFAS. If the grantee is also a place of public accommodation, it is also subject to Title III of the ADA, which requires compliance with the Title III regulations and ADA Standards. There are a number of administrative requirements outlined in most Section 504 regulations and/or in Title II of the ADA. Five key requirements are highlighted below. Many state agencies and cultural organizations that receive federal funding have already met these requirements. If an organization has not taken these steps, it should do so immediately. 1. Appoint a staff member as the ADA/504 coordinator (or accessibility coordinator) to coordinate the organization's ADA/504 obligations. 2. Provide public notice of events and activities that indicate the organization will comply with the Rehabilitation Act and the ADA. 3. Establish internal grievance procedures for individuals with disabilities. 4. Conduct a self-evaluation of all policies, practices and programs to determine if they are equally available to people with and without disabilities. 5. Develop a transition plan to identify what structural or physical changes should be made to achieve program access, and a time frame for implementation. State Law State and local laws may affect cultural organizations and must be checked individually since they vary from state to state. There are two types of state and local laws that may have an impact on accessibility issues for cultural organizations: • Nondiscrimination laws may cover smaller cultural organizations not covered by federal law and may impose stricter standards than federal "I'm always surprised by discrimination in the creative community. When a director says, 'I don't know how to use you', an educator says, 'I can't see a way to let you participate with the group', or a facilities coordinator says, 'We weren't able to make this event accessible'; it still catches me off-guard. I believe that truly creative people don't discriminate because they are able to see the possibilities and potential in all people and in all situations." Cindy Brown, ARTability: Accessing Arizona's Arts, Phoenix, AZ 22 Chapter 2 law. State and local laws may also permit lawsuits providing the successful party specific relief such as accommodations (e.g., assistive listening systems for individuals with hearing-loss or more integrated seating options for people who use wheelchairs and/or other mobility aids), as well as damages and the recovery of legal fees. • Building Codes may contain technical provisions related to construction, renovations and alterations. Cultural organizations must comply with building codes when they obtain building permits and certificates of occupancy. Enforcement and Complaint Procedures There are consequences for noncompliance with access laws. Honest good faith efforts to comply with access laws and the treatment of all people with equality and dignity can help avoid complaints and lawsuits. When an organization applies to the NEA, the NEH, or to a local, state or regional arts agency or humanities council, it is required to sign an assurance or certification of compliance with federal nondiscrimination laws, including Section 504 of the Rehabilitation Act and the ADA. Various federal, state, local and regional agencies are responsible for enforcing these requirements. If an individual believes that an organization has discriminated on the basis of disability under: • Section 504 - they may file an administrative complaint with the federal or state agency that funded the organization; • Title I, II, or III of the ADA - they may file a complaint with the designated federal enforcement agency such as the Equal Employment Opportunity Commission or the Department of Justice, or under Titles II and III, they may skip the administrative complaint process and file a private lawsuit. "The major issue is accessibility with dignity. It is not enough to get into a building just any old way. I like to get into a building at the front with everybody else, where the rest of the society gets in." Itzhak Perlman, violinist Legal Overview: the ADA and the Rehabilitation Act 23 Key Requirements and Best Practices Frequently cultural administrators ask what their organization should do to be in compliance with disability rights laws. The three federal laws addressed in this chapter mandate: • nondiscrimination; • equal opportunity (and the provision of any reasonable modifications, auxiliary aids or services necessary to achieve it); • basic standards of architectural access; and • equal access to employment, programs, activities, goods and services. A cultural organization's responsibilities and obligations under the Architectural Barriers Act, Section 504 of the Rehabilitation Act, and Titles I, II and III of the ADA focus on several key requirements. These laws and regulations do not tell organizations how to accomplish these goals. Instead, the laws and regulations have been written to allow as much flexibility as possible. Achieving accessibility and compliance with disability laws is an ongoing process. Good accessibility practices can maximize the opportunity for compliance while minimizing risks. These practices should complement any existing accessibility efforts and planning that cultural organizations have already undertaken. 1. Do not discriminate against individuals with disabilities. Best Practice: Make nondiscrimination mandatory. Emphasize to employees, contractors and grantees that compliance with accessibility requirements and nondiscrimination laws is mandatory. Granting agencies commonly require grantees to obtain written assurances to this effect from subgrantees. By emphasizing and highlighting these provisions in all contracts, the institution makes all entities with which it does business aware of the importance of these provisions. Best Practice: Make accessibility and nondiscrimination an integral and routine part of day-to-day operations. Secure leadership and institutional commitments from all employees and volunteers — from the board, executive director and management team, to every administrative, production, design and maintenance person, to volunteer docents and ushers. Make this commitment internally and externally visible. lothing about us without us. We are looking for programs that are integrated, but in which we have real power. This is not art for us, this is art by us. " Victoria Ann Lewis, founder and co-director of Other Voices, Mark Taper Forum, Los Angeles, CA 24 Chapter 2 Best Practice: Apply accessibility laws to all functions. Understanding that accessibility laws apply to all functions of the organization whether on-site or off-site is essential. This includes performances, exhibits, conferences, panel meetings, grant reviews, fundraisers, special events and staff gatherings — no matter where conducted. If a cultural organization sponsors an off-site event, the alternate site must also be accessible. It is important to visit and evaluate a site before committing to it. Best Practice: Include indemnification provisions in contracts and grants. To maximize protection, include a provision requiring all subgrantees and contractors to fully indemnify the cultural organization in the event of an administrative complaint to a federal, state or local agency or lawsuit related to discrimination or lack of accessibility. Indemnification provisions should include the actual cost of the award, court costs, legal fees and the cost of professional experts, as well as the time of the cultural organization's staff and board of directors. 2. Provide individuals with disabilities with effective communication mechanisms and an equal opportunity to benefit from programs, activities, goods and services. Section 504 and the ADA, and their implementing regulations, are minimum legal requirements. They are intended to provide people with disabilities an equal opportunity to participate in programs, activities, goods and services in an integrated setting. Programs include activities that a cultural organization makes available to the public such as performances, tours, receptions, special events, lectures, seminars, educational programs, workshops, residencies, exhibitions and conferences. With rare exceptions, Section 504, and Titles II and III of the ADA require that organizations also provide auxiliary aids and services to ensure effective communication with individuals with hearing or vision loss. These may include services such as qualified interpreters, readers and note takers; devices such as assistive listening systems, accessible computers, written materials for individuals with hearing loss, taped text and braille or large print materials for individuals with vision loss; and flexibility in procedures, such as work schedules. Cultural organizations should be inclusive in all aspects of their activities. They should create new or re-introduce existing programs and activities in which people with disabilities may participate in an integrated and inclusive environment. Legal Overview: the ADA and the Rehabilitation Act 25 Best Practice: Appoint a staff member to be the accessibility coordinator for the organization's accessibility efforts. The accessibility coordinator becomes the "in-house" expert for guiding the organization, its board, staff, volunteers and grantees (if applicable) toward inclusion of people with disabilities and compliance with the ADA and Section 504 regulations. However, remember that compliance and accessibility must be everyone's responsibility. Best Practice: Establish an access advisory committee. Seek out and include input and advice from knowledgeable individuals with disabilities representing different segments of the disability community. They can: educate the organization about legal and social issues related to accessibility; evaluate existing programs, policies and facilities; identify areas for improvement; and recommend solutions. Work in partnership with local membership organizations for people with disabilities, parents of disabled children, service agencies, independent living centers, advocacy groups, schools and local government entities, such as vocational rehabilitation and community service boards. 3. Remove barriers to existing facilities and assure that all new construction, renovations and alterations meet or exceed applicable federal accessibility standards. • New Construction. The most rigorous physical accessibility requirements apply to new construction. All new construction of buildings and facilities must meet or exceed the requirements of applicable federal, state and local accessibility standards and codes. These standards and codes set forth minimum standards with which all new construction must comply. Organizations are encouraged to go beyond the minimum standards to achieve the greatest degree of accessibility. For example, an organization might elect to provide more accessible seats than the minimum standards require. • Renovations and Alterations. All renovations and alterations must meet accessibility standards unless to do so is technically infeasible. In that case, they must comply to the maximum extent feasible. If an organization renovates or alters an area in such a way that it affects the "A cultural institution and its constituents benefit when farsighted board members and administrators look beyond minimum standards to broaden the potential for usability of space and facilities for all potential staff, constituents, visitors and audiences." Jonathan Katz, Chief Executive Officer, National Assembly of State Arts Agencies 26 Chapter 2 usability of a primary function area, such as the auditorium of a lecture hall or the exhibit space of a museum, then the organization must make the path of travel to that area accessible. For example, if a concert or lecture hall is renovated, the organization must provide an accessible path of travel from the exterior to the altered area, and make the restrooms, telephones and drinking fountains serving the altered area accessible, unless the cost of these modifications are disproportionate to the overall cost of the alterations. • Barrier removal. The federal standards for barrier removal in existing facilities are somewhat more flexible. Section 504 and Title II require modifications only if necessary to ensure program access. However, all organizations (public or private) must complete readily achievable barrier removal if a program cannot be made accessible by any other means. Barrier removal might include ramping to an entrance, relocating displays or exhibits to widen an aisle, installing a levered doorknob or moving a plant out of the path of travel. Accessibility requirements provide independent, dignified access to all aspects of a facility including, but not limited to, parking, entrances, exhibits, programs, classes, performances, work areas, restrooms, elevators, shops and food services. Regardless of any law or regulation with which a cultural organization must comply, the organization facing new construction, alterations or renovations should insist upon the diligent application of accessibility concepts in design and execution. Cultural organizations are encouraged to go beyond the minimum accessibility standards to provide greater levels of accessibility. Best Practice: Budget for accessibility. Generally, expenses fall into two categories: capital costs for new construction, alterations, renovations and removing architectural barriers, and program or operating costs for providing effective communication and auxiliary aids. Anticipate ongoing expenses for capital improvements, and for program costs to continue effective communication and to replenish auxiliary aids. The NEA and the NEH encourage applicants to include in their budget costs for access and accommodations related to the project (i.e. sign interpreters, audio descriptions and captioning). :ii :: : . : .. ; .,, : . . 7 : .. ■*; ::: ; :K * ' : ■ ■ '" ' ^ ' ' " : :::: " ' "*' ' ^ # :-¥' :!■ . .?:, ;:;.:;:;■;:; . ..* .:'■' "Accessibility does not have to be expensive. Experience has repeatedly shown that accommodations designed to serve people with disabilities generally improve the quality of programs for the broader public. In short, museums cannot afford not to make their programs accessible to all visitors." Janice Majewski, Smithsonian Institution, Washington, DC Legal Overview: the ADA and the Rehabilitation Act 27 Best Practice: Hire qualified, knowledgeable professionals. Not all architects, designers, contractors and lawyers are familiar with accessibility requirements. Examine the work of these professionals before making commitments, and ask for references from persons in the disability rights community. Further, work with your advisory committee and/or a local independent living center to review plans and work as the project progresses. 4. Review and modify policies, procedures and practices to prevent discrimination. Cultural organizations must make reasonable modifications to policies, procedures and practices that deny equal access to individuals with disabilities unless the changes would result in a fundamental alteration in the program or the nature of the goods and services. An overarching institutional policy that makes a commitment to universal accessibility is an excellent start. Cultural organizations should carefully examine all policies, procedures and practices with members of the disability community along with staff and board members to determine if they provide equal access or inadvertently discriminate against people with disabilities. This is essential to making programs and facilities accessible. Policies, procedures and practices include a wide range of activities: • Policies include eligibility criteria, employment guidelines, admission and ticketing rules, and fee structures. • Procedures are the planned actions by which policies are implemented. • Practices are the routine ways in which policies and procedures are carried out on a day-to-day basis. Consider a small museum operating in a historic property. In order to make the museum accessible and preserve the historic nature of the building, the advisory committee has recommended installing a ramp to a side entrance. In the past, the policy has been to keep all doors except the front door locked. Their new policy states, "Whenever the front door is unlocked, the side entrance must also be unlocked." The new procedure requires maintenance staff to lock and unlock the side entrance at the same time they lock and unlock the front door. In addition, appropriate signage is placed at the inaccessible front entrance directing people to the accessible side entrance and both entrances are open to the general public. In practice, if staff members fail to unlock the side entrance, the museum is not providing equal access because everyone should be able to enter without waiting. 28 Chapter 2 Organizations must not charge additional fees or require persons with disabilities to pay for costs incurred for ADA or Section 504 compliance. This does not mean that people with disabilities must be admitted free if others pay an admission charge. It does mean that if someone requires braille or other accommodations because of a disability, the organization cannot charge extra to provide it. For example, a theater may not charge for the use of assistive listening devices nor may a state arts agency charge to provide a sign language interpreter for a public meeting. These expenses should be considered as overhead and budgeted in advance. Best Practice: Plan for accessibility. Working with your access advisory committee, identify the organization's accessibility assets by carefully evaluating four areas: nondiscrimination obligations (including policies, practices and procedures), facility and program accessibility, communications and employment. Then, develop strategies, plans and timelines for addressing strengths and weaknesses. Organizations should be prepared to respond to requests for effective communication such as captioning, sign language interpretation, braille or large print materials as well as other requests for accommodations. Implementing access does not have to be difficult or expensive. It can be a creative, engaging and instructive process in which the organization's entire staff participates. Best Practice: Address every issue and policy with the question, "Does this provide equal access for everyone?" Equal access means making programs and services as close as possible to being the same for everyone, and that access is functional, safe, convenient and dignified. Access means entering through the primary entrance of a facility, being able to work, to use a facility and to participate fully in programs and activities. Best Practice: Educate and train board members, staff, volunteers, panelists and grantees. Conduct regular training concerning access issues for everyone including board members, staff and constituents (including subgrantees). Your access advisory committee should be involved in planning and conducting the training. Ensure that everyone understands all accessibility accommodations and can properly apply all policies, practices and procedures. Staff should treat everyone, "Access is what state arts agencies are all about. We work to develop new audiences, create ways to capture the attention of our young people and support programs that enhance the participation of our state's citizens in the arts. Issues surrounding Section 504, the Americans with Disabilities Act, and access should be at the top of all of our lists. It just makes sense." Robert C. Booker, Executive Director, Minnesota State Arts Board Legal Overview: the ADA and the Rehabilitation Act 29 colleagues and visitors alike, with the same dignity and respect that they would wish to be accorded. A thoughtful, courteous attitude indicates that the organization is acting in good faith to meet the needs of people with disabilities. Best Practice: Establish an institutional memory on disability issues and compliance efforts. By tracking what it has done (both good and bad), the organization can avoid costs by not having to "reinvent the wheel" every time a situation arises — whether it is access to a new program, construction/renovation of the facility or employment-related. The accessibility coordinator, the human resources office, the facilities office or the executive director's office might serve as the institutional policy archivist. Best Practice: Emulate the successful practices of others. Network with other professionals and cultural administrators, find out what works and does not work, and keep abreast of access innovations and accessibility practices. It is perfectly acceptable for cultural entities to incorporate other organizations' successful practices, giving credit where credit is due. Best Practice: Review accessibility efforts at regular intervals. Routinely review, assess and update the organization's accessibility plans, programs, policies and practices, in cooperation with the access advisory committee, at regular intervals. Frequent reviews will not only assist the organization in completing its goals, but also will provide a mechanism for revising and updating plans to incorporate fresh ideas, new technologies and other improvements as the organization evolves. 5. Provide individuals with equal employment opportunities. The employment requirements of the Rehabilitation Act and the ADA are similar. These laws mandate that recipients of federal financial assistance, places of public accommodation, and state and local governments judge applicants solely on the basis of their qualifications. The ADA'S Title I employment provisions apply to private employers, state and local governments, employment agencies and labor unions with 15 or more employees. Title I and Section 504 require employers to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, the laws prohibit discrimination in recruitment, hiring, promotions, training, pay and social activities; restrict questions about an applicant's disability before a job offer is made; and require that employers make 30 Chapter 2 reasonable accommodations for the known physical or mental limitations of otherwise qualified individuals with disabilities, unless doing so results in undue hardship to the employer. Nondiscriminatory employment procedures include making recruitment and job applications accessible. For example, a person who is blind or has low vision may benefit from large print or braille applications, or accessible online applications, and applicants who are deaf or hard of hearing should be offered a sign language interpreter for interviews (if requested in advance). An organization should advertise job openings in multiple media, such as the Internet, radio and print. Employers with job hotlines for applicants must make the hotline accessible to people who are deaf or hard-of-hearing, or provide alternative methods of receiving information. Employers are also required to post notices to all employees advising them of their rights under the ADA and Section 504. Such notices must be accessible to persons with visual or other disabilities that affect reading abilities. Best Practice: Review all personnel policies for compliance with nondiscrimination laws. The organization should adopt appropriate disability-related policies and monitor their application annually as it would all other employment practices. Policies should include, but not be limited to, reviewing position descriptions to ensure they are current, accurate and do not exclude or screen out persons with disabilities; making sure application forms and interviewers do not ask, directly or indirectly, about a disability; establishing a policy on reasonable accommodation; reviewing health insurance and benefit plans to make sure they do not discriminate; keeping medical information confidential; and having physical examinations be job related, consistent with business necessities. Definitions Grievance procedures are internal procedures for the resolution of differences between an organization and its staff or users with disabilities. A person with a disability is defined by the ADA and Section 504 of the Rehabilitation Act as someone who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such impairment, or a person who is regarded as having such an impairment. Neither the Rehabilitation Act nor the ADA specifically names all of the impairments that are covered. Legal Overview: the ADA and the Rehabilitation Act 31 Private entities that operate public accommodations include restaurants, hotels, theaters, convention centers, retail stores, museums, performing arts centers, libraries, parks, zoos, amusement parks and private schools. They are covered under Title III of the ADA. Public entities include any state or local government and any of its departments, agencies or other instrumentalities. They are covered under Title II of the ADA. Public notice is the dissemination of sufficient information to applicants, grantees, participants, beneficiaries, and other interested persons to inform them of the rights and protections afforded by Section 504 and the ADA. Methods of providing public notice include announcements in handbooks, manuals, pamphlets, newsletters, Web sites and application materials. A qualified person with a disability is someone who meets the definition of a person with a disability and meets the legitimate skill, experience, education, or other requirements of an employment position that they hold or seek and who can perform the essential functions of the position with or without reasonable accommodation. A qualified person with a disability in a non-employment context is someone who meets the definition of a person with a disability and meets the essential eligibility requirements for a program, activity, service or benefit offered by a public entity. Readily achievable means easily accomplishable and able to be carried out without much difficulty or expense. What is readily achievable or constitutes a difficulty or expense is determined on a case-by-case basis in light of the resources available. The case-by-case approach takes into account the diversity of enterprises covered by ADA Titles I, II and III and Section 504, as well as the wide variation in the economic health of particular entities at any given moment. Reasonable accommodation is any modification or adjustment to the work environment that will enable a qualified person with a disability to participate in the job application process or to perform essential job functions. In the program setting, a reasonable accommodation may include a reasonable modification to a policy, practice or procedure, provision of an auxiliary aid or service to ensure effective communication, or, under Title III, readily achievable barrier removal. Self-evaluation is the process of evaluating all policies, practices and programs of an organization to ensure equal access and availability to all persons. 32 Chapter 2 Undue burden is the standard applied in non-employment situations under Titles II and III of the ADA. The definition of undue burden is the same as the definition of undue hardship, the standard applied in employment situations under Title I of the ADA and Section 504. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of a number of factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature and structure of the employer's operation. Undue hardship is determined on a case-by-case basis. In general, larger employers with greater resources would be expected to make accommodations requiring greater effort or expense than would be required of smaller employers with fewer resources. This is the standard under Title I of the ADA and Section 504. Americans with Disabilities Act Questions and Answers The following are frequently asked questions and answers about the Americans with Disabilities Act from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice Civil Rights Division and can be found at: www.usdoj.gov/crt/ada/qandaeng.htm Employment Q. What employers are covered by title I of the ADA, and when is the coverage effective? A. The title I employment provisions apply to private employers, State and local governments, employment agencies, and labor unions. Employers with 25 or more employees were covered as of July 26, 1992. Employers with 15 or more employees were covered two years later, beginning July 26, 1994. Q. What practices and activities are covered by the employment nondiscrimination requirements? A. The ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities. Q. Who is protected from employment discrimination? A. Employment discrimination is prohibited against "qualified individuals with disabilities." This includes applicants for employment and employees. An individual is considered to have a "disability" if s/he has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an Legal Overview: the ADA and the Rehabilitation Act 33 impairment. Persons discriminated against because they have a known association or relationship with an individual with a disability also are protected. The first part of the definition makes clear that the ADA applies to persons who have impairments and that these must substantially limit major life activities such as seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself, and working. An individual with epilepsy, paralysis, HIV infection, AIDS, a substantial hearing or visual impairment, mental retardation, or a specific learning disability is covered, but an individual with a minor, nonchronic condition of short duration, such as a sprain, broken limb, or the flu, generally would not be covered. The second part of the definition protecting individuals with a record of a disability would cover, for example, a person who has recovered from cancer or mental illness. The third part of the definition protects individuals who are regarded as having a substantially limiting impairment, even though they may not have such an impairment. For example, this provision would protect a qualified individual with a severe facial disfigurement from being denied employment because an employer feared the "negative reactions" of customers or co-workers. Q. Who is a "qualified individual with a disability?" A. A qualified individual with a disability is a person who meets legitimate skill, experience, education, or other requirements of an employment position that s/he holds or seeks, and who can perform the "essential functions" of the position with or without reasonable accommodation. Requiring the ability to perform "essential" functions assures that an individual with a disability will not be considered unqualified simply because of inability to perform marginal or incidental job functions. If the individual is qualified to perform essential job functions except for limitations caused by a disability, the employer must consider whether the individual could perform these functions with a reasonable accommodation. If a written job description has been prepared in advance of advertising or interviewing applicants for a job, this will be considered as evidence, although not conclusive evidence, of the essential functions of the job. Q. Does an employer have to give preference to a qualified applicant with a disability over other applicants? A. No. An employer is free to select the most qualified applicant available and to make decisions based on reasons unrelated to a disability. For example, suppose two persons apply for a job as a typist and an essential function of the job is to type 75 words per minute accurately. One applicant, 34 Chapter 2 an individual with a disability, who is provided with a reasonable accommodation for a typing test, types 50 words per minute; the other applicant who has no disability accurately types 75 words per minute. The employer can hire the applicant with the higher typing speed, if typing speed is needed for successful performance of the job. Q. What limitations does the ADA impose on medical examinations and inquiries about disability? A. An employer may not ask or require a job applicant to take a medical examination before making a job offer. It cannot make any pre-employment inquiry about a disability or the nature or severity of a disability. An employer may, however, ask questions about the ability to perform specific job functions and may, with certain limitations, ask an individual with a disability to describe or demonstrate how s/he would perform these functions. An employer may condition a job offer on the satisfactory result of a post- offer medical examination or medical inquiry if this is required of all entering employees in the same job category. A post-offer examination or inquiry does not have to be job-related and consistent with business necessity. However, if an individual is not hired because a post-offer medical examination or inquiry reveals a disability, the reason(s) for not hiring must be job-related and consistent with business necessity. The employer also must show that no reasonable accommodation was available that would enable the individual to perform the essential job functions, or that accommodation would impose an undue hardship. A post-offer medical examination may disqualify an individual if the employer can demonstrate that the individual would pose a "direct threat" in the workplace (i.e., a significant risk of substantial harm to the health or safety of the individual or others) that cannot be eliminated or reduced below the "direct threat" level through reasonable accommodation. Such a disqualification is job-related and consistent with business necessity. A post-offer medical examination may not disqualify an individual with a disability who is currently able to perform essential job functions because of speculation that the disability may cause a risk of future injury. After a person starts work, a medical examination or inquiry of an employee must be job-related and consistent with business necessity. Employers may conduct employee medical examinations where there is evidence of a job performance or safety problem, examinations required by other Federal laws, examinations to determine current "fitness" to perform a particular job, and voluntary examinations that are part of employee health programs. Legal Overview: the ADA and the Rehabilitation Act 35 Information from all medical examinations and inquiries must be kept apart from general personnel files as a separate, confidential medical record, available only under limited conditions. Tests for illegal use of drugs are not medical examinations under the ADA and are not subject to the restrictions of such examinations. Q. When can an employer ask an applicant to "self-identify" as having a disability? A. Federal contractors and subcontractors who are covered by the affirmative action requirements of section 503 of the Rehabilitation Act of 1973 may invite individuals with disabilities to identify themselves on a job application form or by other pre-employment inquiry, to satisfy the section 503 affirmative action requirements. Employers who request such information must observe section 503 requirements regarding the manner in which such information is requested and used, and the procedures for maintaining such information as a separate, confidential record, apart from regular personnel records. A pre-employment inquiry about a disability is allowed if required by another Federal law or regulation such as those applicable to disabled veterans and veterans of the Vietnam era. Pre-employment inquiries about disabilities may be necessary under such laws to identify applicants or clients with disabilities in order to provide them with required special services. Q. Does the ADA require employers to develop written job descriptions? A. No. The ADA does not require employers to develop or maintain job descriptions. However, a written job description that is prepared before advertising or interviewing applicants for a job will be considered as evidence along with other relevant factors. If an employer uses job descriptions, they should be reviewed to make sure they accurately reflect the actual functions of a job. A job description will be most helpful if it focuses on the results or outcome of a job function, not solely on the way it customarily is performed. A reasonable accommodation may enable a person with a disability to accomplish a job function in a manner that is different from the way an employee who is not disabled may accomplish the same function. Q. What is "reasonable accommodation?" A. Reasonable accommodation is any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions. Reasonable accommodation also includes adjustments to assure that a qualified individual with a disability has rights and privileges in employment equal to those of employees without disabilities. 36 Chapter 2 Q. What are some of the accommodations applicants and employees may need? A. Examples of reasonable accommodation include making existing facilities used by employees readily accessible to and usable by an individual with a disability; restructuring a job; modifying work schedules; acquiring or modifying equipment; providing qualified readers or interpreters; or appropriately modifying examinations, training, or other programs. Reasonable accommodation also may include reassigning a current employee to a vacant position for which the individual is qualified, if the person is unable to do the original job because of a disability even with an accommodation. However, there is no obligation to find a position for an applicant who is not qualified for the position sought. Employers are not required to lower quality or quantity standards as an accommodation; nor are they obligated to provide personal use items such as glasses or hearing aids. The decision as to the appropriate accommodation must be based on the particular facts of each case. In selecting the particular type of reasonable accommodation to provide, the principal test is that of effectiveness, i.e., whether the accommodation will provide an opportunity for a person with a disability to achieve the same level of performance and to enjoy benefits equal to those of an average, similarly situated person without a disability. However, the accommodation does not have to ensure equal results or provide exactly the same benefits. Q. When is an employer required to make a reasonable accommodation? A. An employer is only required to accommodate a "known" disability of a qualified applicant or employee. The requirement generally will be triggered by a request from an individual with a disability, who frequently will be able to suggest an appropriate accommodation. Accommodations must be made on an individual basis, because the nature and extent of a disabling condition and the requirements of a job will vary in each case. If the individual does not request an accommodation, the employer is not obligated to provide one except where an individual's known disability impairs his/her ability to know of, or effectively communicate a need for, an accommodation that is obvious to the employer. If a person with a disability requests, but cannot suggest, an appropriate accommodation, the employer and the individual should work together to identify one. There are also many public and private resources that can provide assistance without cost. Q. What are the limitations on the obligation to make a reasonable accommodation? A. The individual with a disability requiring the accommodation must be otherwise qualified, and the disability must be known to the employer. In addition, an employer is not required to make an accommodation if it would impose an "undue hardship" on the operation of the employer's business. Legal Overview: the ADA and the Rehabilitation Act 37 "Undue hardship" is defined as an "action requiring significant difficulty or expense" when considered in light of a number of factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's operation. Undue hardship is determined on a case-by-case basis. Where the facility making the accommodation is part of a larger entity, the structure and overall resources of the larger organization would be considered, as well as the financial and administrative relationship of the facility to the larger organization. In general, a larger employer with greater resources would be expected to make accommodations requiring greater effort or expense than would be required of a smaller employer with fewer resources. If a particular accommodation would be an undue hardship, the employer must try to identify another accommodation that will not pose such a hardship. Also, if the cost of an accommodation would impose an undue hardship on the employer, the individual with a disability should be given the option of paying that portion of the cost which would constitute an undue hardship or providing the accommodation. Q. Must an employer modify existing facilities to make them accessible? A. The employer's obligation under title I is to provide access for an individual applicant to participate in the job application process, and for an individual employee with a disability to perform the essential functions of his/her job, including access to a building, to the work site, to needed equipment, and to all facilities used by employees. For example, if an employee lounge is located in a place inaccessible to an employee using a wheelchair, the lounge might be modified or relocated, or comparable facilities might be provided in a location that would enable the individual to take a break with co-workers. The employer must provide such access unless it would cause an undue hardship. Under title I, an employer is not required to make its existing facilities accessible until a particular applicant or employee with a particular disability needs an accommodation, and then the modifications should meet that individual's work needs. However, employers should consider initiating changes that will provide general accessibility, particularly for job applicants, since it is likely that people with disabilities will be applying for jobs. The employer does not have to make changes to provide access in places or facilities that will not be used by that individual for employment- related activities or benefits. Q. Can an employer be required to reallocate an essential function of a job to another employee as a reasonable accommodation? A. No. An employer is not required to reallocate essential functions of a job as a reasonable accommodation. 38 Chapter 2 Q. Can an employer be required to modify, adjust, or make other reasonable accommodations in the way a test is given to a qualified applicant or employee with a disability? A. Yes. Accommodations may be needed to assure that tests or examinations measure the actual ability of an individual to perform job functions rather than reflect limitations caused by the disability. Tests should be given to people who have sensory, speaking, or manual impairments in a format that does not require the use of the impaired skill, unless it is a job-related skill that the test is designed to measure. Q. Can an employer maintain existing production/performance standards for an employee with a disability? A. An employer can hold employees with disabilities to the same standards of production/performance as other similarly situated employees without disabilities for performing essential job functions, with or without reasonable accommodation. An employer also can hold employees with disabilities to the same standards of production/performance as other employees regarding marginal functions unless the disability affects the person's ability to perform those marginal functions. If the ability to perform marginal functions is affected by the disability, the employer must provide some type of reasonable accommodation such as job restructuring but may not exclude an individual with a disability who is satisfactorily performing a jobs essential functions. Q. Can an employer establish specific attendance and leave policies? A. An employer can establish attendance and leave policies that are uniformly applied to all employees, regardless of disability, but may not refuse leave needed by an employee with a disability if other employees get such leave. An employer also may be required to make adjustments in leave policy as a reasonable accommodation. The employer is not obligated to provide additional paid leave, but accommodations may include leave flexibility and unpaid leave. A uniformly applied leave policy does not violate the ADA because it has a more severe effect on an individual because of his/her disability. However, if an individual with a disability requests a modification of such a policy as a reasonable accommodation, an employer may be required to provide it, unless it would impose an undue hardship. Q. Can an employer consider health and safety when deciding whether to hire an applicant or retain an employee with a disability? A. Yes. The ADA permits employers to establish qualification standards that will exclude individuals who pose a direct threat — i.e., a significant risk of substantial harm — to the health or safety of the individual or of others, if that risk cannot be eliminated or reduced below the level of a "direct threat" by Legal Overview: the ADA and the Rehabilitation Act 39 reasonable accommodation. However, an employer may not simply assume that a threat exists; the employer must establish through objective, medically supportable methods that there is significant risk that substantial harm could occur in the workplace. By requiring employers to make individualized judgments based on reliable medical or other objective evidence rather than on generalizations, ignorance, fear, patronizing attitudes, or stereotypes, the ADA recognizes the need to balance the interests of people with disabilities against the legitimate interests of employers in maintaining a safe workplace. Q. Are applicants or employees who are currently illegally using drugs covered by the ADA? A. No. Individuals who currently engage in the illegal use of drugs are specifically excluded from the definition of a "qualified individual with a disability" protected by the ADA when the employer takes action on the basis of their drug use. Q. Is testing for the illegal use of drugs permissible under the ADA? A. Yes. A test for the illegal use of drugs is not considered a medical examination under the ADA; therefore, employers may conduct such testing of applicants or employees and make employment decisions based on the results. The ADA does not encourage, prohibit, or authorize drug tests. If the results of a drug test reveal the presence of a lawfully prescribed drug or other medical information, such information must be treated as a confidential medical record. Q. Are alcoholics covered by the ADA? A. Yes. While a current illegal user of drugs is not protected by the ADA if an employer acts on the basis of such use, a person who currently uses alcohol is not automatically denied protection. An alcoholic is a person with a disability and is protected by the ADA if s/he is qualified to perform the essential functions of the job. An employer may be required to provide an accommodation to an alcoholic. However, an employer can discipline, discharge or deny employment to an alcoholic whose use of alcohol adversely affects job performance or conduct. An employer also may prohibit the use of alcohol in the workplace and can require that employees not be under the influence of alcohol. Q. Does the ADA override Federal and State health and safety laws? A. The ADA does not override health and safety requirements established under other Federal laws even if a standard adversely affects the employment of an individual with a disability. If a standard is required by another Federal law, an employer must comply with it and does not have to show that the standard is job related and consistent with business necessity. 40 Chapter 2 For example, employers must conform to health and safety requirements of the U.S. Occupational Safety and Health Administration. However, an employer still has the obligation under the ADA to consider whether there is a reasonable accommodation, consistent with the standards of other Federal laws, that will prevent exclusion of qualified individuals with disabilities who can perform jobs without violating the standards of those laws. If an employer can comply with both the ADA and another Federal law, then the employer must do so. The ADA does not override State or local laws designed to protect public health and safety, except where such laws conflict with the ADA requirements. If there is a State or local law that would exclude an individual with a disability from a particular job or profession because of a health or safety risk, the employer still must assess whether a particular individual would pose a "direct threat" to health or safety under the ADA standard. If such a "direct threat" exists, the employer must consider whether it could be eliminated or reduced below the level of a "direct threat" by reasonable accommodation. An employer cannot rely on a State or local law that conflicts with ADA requirements as a defense to a charge of discrimination. Q. How does the ADA affect workers' compensation programs? A. Only injured workers who meet the ADA's definition of an "individual with a disability" will be considered disabled under the ADA, regardless of whether they satisfy criteria for receiving benefits under workers' compensation or other disability laws. A worker also must be "qualified" (with or without reasonable accommodation) to be protected by the ADA. Work-related injuries do not always cause physical or mental impairments severe enough to "substantially limit" a major life activity. Also, many on-the- job injuries cause temporary impairments which heal within a short period of time with little or no long-term or permanent impact. Therefore, many injured workers who qualify for benefits under workers' compensation or other disability benefits laws may not be protected by the ADA. An employer must consider work-related injuries on a case-by-case basis to know if a worker is protected by the ADA. An employer may not inquire into an applicant's workers' compensation history before making a conditional offer of employment. After making a conditional job offer, an employer may inquire about a person's workers compensation history in a medical inquiry or examination that is required of all applicants in the same job category. However, even after a conditional offer has been made, an employer cannot require a potential employee to have a medical examination because a response to a medical inquiry (as opposed to results from a medical examination) shows a previous on-the-job injury unless all applicants in the same job category are required to have an Legal Overview: the ADA and the Rehabilitation Act 41 examination. Also, an employer may not base an employment decision on the speculation that an applicant may cause increased workers' compensation costs in the future. However, an employer may refuse to hire, or may discharge an individual who is not currently able to perform a job without posing a significant risk of substantial harm to the health or safety of the individual or others, if the risk cannot be eliminated or reduced by reasonable accommodation. An employer may refuse to hire or may fire a person who knowingly provides a false answer to a lawful post-offer inquiry about his/her condition or worker's compensation history. An employer also may submit medical information and records concerning employees and applicants (obtained after a conditional job offer) to state workers' compensation offices and "second injury" funds without violating ADA confidentiality requirements. Q. What is discrimination based on "relationship or association" under the ADA? A. The ADA prohibits discrimination based on relationship or association in order to protect individuals from actions based on unfounded assumptions that their relationship to a person with a disability would affect their job performance, and from actions caused by bias or misinformation concerning certain disabilities. For example, this provision would protect a person whose spouse has a disability from being denied employment because of an employer's unfounded assumption that the applicant would use excessive leave to care for the spouse. It also would protect an individual who does volunteer work for people with AIDS from a discriminatory employment action motivated by that relationship or association. Q. How are the employment provisions enforced? A. The employment provisions of the ADA are enforced under the same procedures now applicable to race, color, sex, national origin, and religious discrimination under title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991. Complaints regarding actions that occurred on or after July 26, 1992, may be filed with the Equal Employment Opportunity Commission or designated State human rights agencies. Available remedies will include hiring, reinstatement, promotion, back pay, front pay, restored benefits, reasonable accommodation, attorneys' fees, expert witness fees, and court costs. Compensatory and punitive damages also may be available in cases of intentional discrimination or where an employer fails to make a good faith effort to provide a reasonable accommodation. 42 Chapter 2 Q. What financial assistance is available to employers to help them make reasonable accommodations and comply with the ADA? A. A special tax credit is available to help smaller employers make accommodations required by the ADA. An eligible small business may take a tax credit of up to $5,000 per year for accommodations made to comply with the ADA. The credit is available for one-half the cost of "eligible access expenditures" that are more than $250 but less than $10,250. A full tax deduction, up to $15,000 per year, also is available to any business for expenses of removing qualified architectural or transportation barriers. Expenses covered include costs of removing barriers created by steps, narrow doors, inaccessible parking spaces, restroom facilities, and transportation vehicles. Additional information discussing the tax credits and deductions is contained in the Department of Justice's ADA Tax Incentive Packet for Businesses available from the ADA Information Line. Information about the tax credit and tax deduction can also be obtained from a local IRS office, or by contacting the Office of Chief Counsel, Internal Revenue Service. Q. What are an employer's record keeping requirements under the employment provisions of the ADA? A. An employer must maintain records such as application forms submitted by applicants and other records related to hiring, requests for reasonable accommodation, promotion, demotion, transfer, lay-off or termination, rates of pay or other terms of compensation, and selection for training or apprenticeship for one year after making the record or taking the action described (whichever occurs later). If a charge of discrimination is filed or an action is brought by EEOC, an employer must save all personnel records related to the charge until final disposition of the charge. Q. Does the ADA require that an employer post a notice explaining its requirements? A. The ADA requires that employers post a notice describing the provisions of the ADA. It must be made accessible, as needed, to individuals with disabilities. A poster is available from EEOC summarizing the requirements of the ADA and other Federal legal requirements for nondiscrimination for which EEOC has enforcement responsibility. EEOC also provides guidance on making this information available in accessible formats for people with disabilities. Legal Overview: the ADA and the Rehabilitation Act 43 Q. What resources does the Equal Employment Opportunity Commission have available to help employers and people with disabilities understand and comply with the employment requirements of the ADA? A. The Equal Employment Opportunity Commission has developed several resources to help employers and people with disabilities understand and comply with the employment provisions of the ADA. Resources include: a technical assistance manual that provides "how-to" guidance on the employment provisions of the ADA as well as a resource directory to help individuals find specific information, and a variety of brochures, booklets, and fact sheets. State and Local Governments Q. Does the ADA apply to State and local governments? A. Title II of the ADA prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities. It applies to all State and local governments, their departments and agencies, and any other instrumentalities or special purpose districts of State or local governments. It clarifies the requirements of section 504 of the Rehabilitation Act of 1973 for public transportation systems that receive Federal financial assistance, and extends coverage to all public entities that provide public transportation, whether or not they receive Federal financial assistance. It establishes detailed standards for the operation of public transit systems, including commuter and intercity rail (AMTRAK). Q. When do the requirements for State and local governments become effective? A. In general, they became effective on January 26, 1992. Q. How does title II affect participation in a State or local government's programs, activities, and services? A. A state or local government must eliminate any eligibility criteria for participation in programs, activities, and services that screen out or tend to screen out persons with disabilities, unless it can establish that the requirements are necessary for the provision of the service, program, or activity. The State or local government may, however, adopt legitimate safety requirements necessary for safe operation if they are based on real risks, not on stereotypes or generalizations about individuals with disabilities. Finally, a public entity must reasonably modify its policies, practices, or procedures to avoid discrimination. If the public entity can demonstrate that a particular modification would fundamentally alter the nature of its service, program, or activity, it is not required to make that modification. 44 Chapter 2 Q. Does title II cover a public entity's employment policies and practices? A. Yes. Title II prohibits all public entities, regardless of the size of their work force, from discriminating in employment against qualified individuals with disabilities. In addition to title II 's employment coverage, title I of the ADA and section 504 of the Rehabilitation Act of 1973 prohibit employment discrimination against qualified individuals with disabilities by certain public entities. Q. What changes must a public entity make to its existing facilities to make them accessible? A. A public entity must ensure that individuals with disabilities are not excluded from services, programs, and activities because existing buildings are inaccessible. A State or local government's programs, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities. This standard, known as "program accessibility," applies to facilities of a public entity that existed on January 26, 1992. Public entities do not necessarily have to make each of their existing facilities accessible. They may provide program accessibility by a number of methods including alteration of existing facilities, acquisition or construction of additional facilities, relocation of a service or program to an accessible facility, or provision of services at alternate accessible sites. Q. When must structural changes be made to attain program accessibility? A. Structural changes needed for program accessibility must be made as expeditiously as possible, and should have been made by January 26, 1995. This three-year time period is not a grace period; all alterations must be accomplished as expeditiously as possible. A public entity that employs 50 or more persons must have developed a transition plan by July 26, 1992, setting forth the steps necessary to complete such changes. Q. What is a self-evaluation? A. A self-evaluation is a public entity's assessment of its current policies and practices. The self-evaluation identifies and corrects those policies and practices that are inconsistent with title ll's requirements. All public entities should have completed a self-evaluation by January 26, 1993. A public entity that employs 50 or more employees must retain its self-evaluation for three years. Other public entities are not required to retain their self-evaluations, but are encouraged to do so because these documents evidence a public entity's good faith efforts to comply with title ll's requirements. Q. What does title II require for new construction and alterations? A. The ADA requires that all new buildings constructed by a State or local government be accessible. In addition, when a State or local government undertakes alterations to a building, it must make the altered portions accessible. Legal Overview: the ADA and the Rehabilitation Act 45 Q. How will a State or local government know that a new building is accessible? A. A State or local government will be in compliance with the ADA for new construction and alterations if it follows either of two accessibility standards. It can choose either the Uniform Federal Accessibility Standards or the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities, which is the standard that must be used for public accommodations and commercial facilities under title III of the ADA. If the State or local government chooses the ADA Accessibility Guidelines, it is not entitled to the elevator exemption (which permits certain private buildings under three stories or under 3,000 square feet per floor to be constructed without an elevator). Q. What requirements apply to a public entity's emergency telephone services, such as 911? A. State and local agencies that provide emergency telephone services must provide "direct access" to individuals who rely on a TDD or computer modem for telephone communication. Telephone access through a third party or through a relay service does not satisfy the requirement for direct access. Where a public entity provides 91 1 telephone service, it may not substitute a separate seven-digit telephone line as the sole means for access to 91 1 services by nonvoice users. A public entity may, however, provide a separate seven-digit line for the exclusive use of nonvoice callers in addition to providing direct access for such calls to its 91 1 line. Q. Does title II require that telephone emergency service systems be compatible with all formats used for nonvoice communications? A. No. At present, telephone emergency services must only be compatible with the Baudot format. Until it can be technically proven that communications in another format can operate in a reliable and compatible manner in a given telephone emergency environment, a public entity would not be required to provide direct access to computer modems using formats other than Baudot. Q. How will the ADA's requirements for State and local governments be enforced? A. Private individuals may bring lawsuits to enforce their rights under title II and may receive the same remedies as those provided under section 504 of the Rehabilitation Act of 1973, including reasonable attorney's fees. Individuals may also file complaints with eight designated Federal agencies, including the Department of Justice and the Department of Transportation. 46 Chapter 2 Public Accommodations Q. What are public accommodations? A. A public accommodation is a private entity that owns, operates, leases, or leases to, a place of public accommodation. Places of public accommodation include a wide range of entities, such as restaurants, hotels, theaters, doctors' offices, pharmacies, retail stores, museums, libraries, parks, private schools, and day care centers. Private clubs and religious organizations are exempt from the ADA'S title III requirements for public accommodations. Q. Will the ADA have any effect on the eligibility criteria used by public accommodations to determine who may receive services? A. Yes. If a criterion screens out or tends to screen out individuals with disabilities, it may only be used if necessary for the provision of the services. For instance, it would be a violation for a retail store to have a rule excluding all deaf persons from entering the premises, or for a movie theater to exclude all individuals with cerebral palsy. More subtle forms of discrimination are also prohibited. For example, requiring presentation of a driver's license as the sole acceptable means of identification for purposes of paying by check could constitute discrimination against individuals with vision impairments. This would be true if such individuals are ineligible to receive licenses and the use of an alternative means of identification is feasible. Q. Does the ADA allow public accommodations to take safety factors into consideration in providing services to individuals with disabilities? A. The ADA expressly provides that a public accommodation may exclude an individual, if that individual poses a direct threat to the health or safety of others that cannot be mitigated by appropriate modifications in the public accommodation's policies or procedures, or by the provision of auxiliary aids. A public accommodation will be permitted to establish objective safety criteria for the operation of its business; however, any safety standard must be based on objective requirements rather than stereotypes or generalizations about the ability of persons with disabilities to participate in an activity. Q. Are there any limits on the kinds of modifications in policies, practices, and procedures required by the ADA? A. Yes. The ADA does not require modifications that would fundamentally alter the nature of the services provided by the public accommodation. For example, it would not be discriminatory for a physician specialist who treats only burn patients to refer a deaf individual to another physician for treatment of a broken limb or respiratory ailment. To require a physician to accept patients outside of his or her specialty would fundamentally alter the nature of the medical practice. Legal Overview: the ADA and the Rehabilitation Act 47 Q. What kinds of auxiliary aids and services are required by the ADA to ensure effective communication with individuals with hearing or vision impairments? A. Appropriate auxiliary aids and services may include services and devices such as qualified interpreters, assistive listening devices, notetakers, and written materials for individuals with hearing impairments; and qualified readers, taped texts, and Brailled or large print materials for individuals with vision impairments. Q. Are there any limitations on the ADA's auxiliary aids requirements? A. Yes. The ADA does not require the provision of any auxiliary aid that would result in an undue burden or in a fundamental alteration in the nature of the goods or services provided by a public accommodation. However, the public accommodation is not relieved from the duty to furnish an alternative auxiliary aid, if available, that would not result in a fundamental alteration or undue burden. Both of these limitations are derived from existing regulations and case law under section 504 of the Rehabilitation Act and are to be determined on a case-by-case basis. Q. Will restaurants be required to have brailled menus? A. No, not if waiters or other employees are made available to read the menu to a blind customer. Q. Will a clothing store be required to have brailled price tags? A. No, not if sales personnel could provide price information orally upon request. Q. Will a bookstore be required to maintain a sign language interpreter on its staff in order to communicate with deaf customers? A. No, not if employees communicate by pen and notepad when necessary. Q. Are there any limitations on the ADA's barrier removal requirements for existing facilities? A. Yes. Barrier removal need be accomplished only when it is "readily achievable" to do so. Q. What does the term "readily achievable" mean? A. It means "easily accomplishable and able to be carried out without much difficulty or expense." Q. What are examples of the types of modifications that would be readily achievable in most cases? A. Examples include the simple ramping of a few steps, the installation of grab bars where only routine reinforcement of the wall is required, the lowering of telephones, and similar modest adjustments. 48 Chapter 2 Q. Will businesses need to rearrange furniture and display racks? A. Possibly. For example, restaurants may need to rearrange tables and department stores may need to adjust their layout of racks and shelves in order to permit access to wheelchair users. Q. Will businesses need to install elevators? A. Businesses are not required to retrofit their facilities to install elevators unless such installation is readily achievable, which is unlikely in most cases. Q. When barrier removal is not readily achievable, what kinds of alternative steps are required by the ADA? A. Alternatives may include such measures as in-store assistance for removing articles from inaccessible shelves, home delivery of groceries, or coming to the door to receive or return dry cleaning. Q. Must alternative steps be taken without regard to cost? A. No, only readily achievable alternative steps must be undertaken. Q. How is "readily achievable" determined in a multisite business? A. In determining whether an action to make a public accommodation accessible would be "readily achievable," the overall size of the parent corporation or entity is only one factor to be considered. The ADA also permits consideration of the financial resources of the particular facility or facilities involved and the administrative or fiscal relationship of the facility or facilities to the parent entity. Q. Who has responsibility for ADA compliance in leased places of public accommodation, the landlord or the tenant? A. The ADA places the legal obligation to remove barriers or provide auxiliary aids and services on both the landlord and the tenant. The landlord and the tenant may decide by lease who will actually make the changes and provide the aids and services, but both remain legally responsible. Q. What does the ADA require in new construction? A. The ADA requires that all new construction of places of public accommodation, as well as of "commercial facilities" such as office buildings, be accessible. Elevators are generally not required in facilities under three stories or with fewer than 3,000 square feet per floor, unless the building is a shopping center or mall; the professional office of a health care provider; a terminal, depot, or other public transit station; or an airport passenger terminal. Legal Overview: the ADA and the Rehabilitation Act 49 Q. Is it expensive to make all newly constructed places of public accommodation and commercial facilities accessible? A. The cost of incorporating accessibility features in new construction is less than one percent of construction costs. This is a small price in relation to the economic benefits to be derived from full accessibility in the future, such as increased employment and consumer spending and decreased welfare dependency. Q. Must every feature of a new facility be accessible? A. No, only a specified number of elements such as parking spaces and drinking fountains must be made accessible in order for a facility to be "readily accessible." Certain nonoccupiable spaces such as elevator pits, elevator penthouses, and piping or equipment catwalks need not be accessible. Q. What are the ADA requirements for altering facilities? A. All alterations that could affect the usability of a facility must be made in an accessible manner to the maximum extent feasible. For example, if during renovations a doorway is being relocated, the new doorway must be wide enough to meet the new construction standard for accessibility. When alterations are made to a primary function area, such as the lobby of a bank or the dining area of a cafeteria, an accessible path of travel to the altered area must also be provided. The bathrooms, telephones, and drinking fountains serving that area must also be made accessible. These additional accessibility alterations are only required to the extent that the added accessibility costs do not exceed 20% of the cost of the original alteration. Elevators are generally not required in facilities under three stories or with fewer than 3,000 square feet per floor, unless the building is a shopping center or mall; the professional office of a health care provider; a terminal, depot, or other public transit station; or an airport passenger terminal. Q. Does the ADA permit an individual with a disability to sue a business when that individual believes that discrimination is about to occur, or must the individual wait for the discrimination to occur? A. The ADA public accommodations provisions permit an individual to allege discrimination based on a reasonable belief that discrimination is about to occur. This provision, for example, allows a person who uses a wheelchair to challenge the planned construction of a new place of public accommodation, such as a shopping mall, that would not be accessible to individuals who use wheelchairs. The resolution of such challenges prior to the construction of an inaccessible facility would enable any necessary remedial measures to be incorporated in the building at the planning stage, when such changes would be relatively inexpensive. 50 Chapter 2 Q. How does the ADA affect existing State and local building codes? A. Existing codes remain in effect. The ADA allows the Attorney General to certify that a State law, local building code, or similar ordinance that establishes accessibility requirements meets or exceeds the minimum accessibility requirements for public accommodations and commercial facilities. Any State or local government may apply for certification of its code or ordinance. The Attorney General can certify a code or ordinance only after prior notice and a public hearing at which interested people, including individuals with disabilities, are provided an opportunity to testify against the certification. Q. What is the effect of certification of a State or local code or ordinance? A. Certification can be advantageous if an entity has constructed or altered a facility according to a certified code or ordinance. If someone later brings an enforcement proceeding against the entity, the certification is considered "rebuttable evidence" that the State law or local ordinance meets or exceeds the minimum requirements of the ADA. In other words, the entity can argue that the construction or alteration met the requirements of the ADA because it was done in compliance with the State or local code that had been certified. Q. When are the public accommodations provisions effective? A. In general, they became effective on January 26, 1992. Q. How will the public accommodations provisions be enforced? A. Private individuals may bring lawsuits in which they can obtain court orders to stop discrimination. Individuals may also file complaints with the Attorney General, who is authorized to bring lawsuits in cases of general public importance or where a "pattern of practice" of discrimination is alleged. In these cases, the Attorney General may seek monetary damages and civil penalties. Civil penalties may not exceed $55,000 for a first violation or $1 10,000 for any subsequent violation. Miscellaneous Q. Is the Federal government covered by the ADA? A. The ADA does not cover the executive branch of the Federal government. The executive branch continues to be covered by title V of the Rehabilitation Act of 1973, which prohibits discrimination in services and employment on the basis of handicap and which is a model for the requirements of the ADA. The ADA, however, does cover Congress and other entities in the legislative branch of the Federal government. Legal Overview: the ADA and the Rehabilitation Act 51 Q. Does the ADA cover private apartments and private homes? A. The ADA does not cover strictly residential private apartments and homes. If, however, a place of public accommodation, such as a doctor's office or day care center, is located in a private residence, those portions of the residence used for that purpose are subject to the ADA'S requirements. Q. Does the ADA cover air transportation? A. Discrimination by air carriers in areas other than employment is not covered by the ADA but rather by the Air Carrier Access Act (49 U.S.C. 1374(c)). Q. What are the ADA's requirements for public transit buses? A. The Department of Transportation has issued regulations mandating accessible public transit vehicles and facilities. The regulations include requirements that all new fixed-route, public transit buses be accessible and that supplementary paratransit services be provided for those individuals with disabilities who cannot use fixed-route bus service. Q. How will the ADA make telecommunications accessible? A. The ADA requires the establishment of telephone relay services for individuals who use telecommunications devices for deaf persons (TDD's) or similar devices. The Federal Communications Commission has issued regulations specifying standards for the operation of these services. Q. Are businesses entitled to any tax benefit to help pay for the cost of compliance? A. As amended in 1990, the Internal Revenue Code allows a deduction of up to $15,000 per year for expenses associated with the removal of qualified architectural and transportation barriers. The 1990 amendment also permits eligible small businesses to receive a tax credit for certain costs of compliance with the ADA. An eligible small business is one whose gross receipts do not exceed $1,000,000 or whose workforce does not consist of more than 30 full-time workers. Qualifying businesses may claim a credit of up to 50 percent of eligible access expenditures that exceed $250 but do not exceed $10,250. Examples of eligible access expenditures include the necessary and reasonable costs of removing architectural, physical, communications, and transportation barriers; providing readers, interpreters, and other auxiliary aids; and acquiring or modifying equipment or devices. 52 Chapter 2 Access as a Civil Right Approaching disability rights as civil rights moved the fight for equality and access into the awareness of mainstream America, and led to several notable legislative actions by the U.S. Congress. "A Chronology of the Disability Rights Movement" Office of Human Relations' Disability Programs Unit San Francisco State University www.sfsu.edu/-hrdpu/chron.htm "The Disability Rights Movement: A Brief History" Access and Opportunities: A Guide to Disability Awareness U.S. Society & Values-USIA Electronic Journal, Vol. 4, No. 1 , January 1999 www.usinfo.state.gov/journals/itsv/0199/ijse/history.htm ADA Regulations, Accessibility Standards, Requirements and Technical Assistance Publications Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, DC 20035-6738 (800) 514-0301 voice (800) 514-0383 TTY www.usdoj.gov/crt/ada The U.S. Architectural and Transportation Barriers Compliance Board (Access Board) 1331 F Street, NW, Suite 1000 Washington, DC 20004-1 111 (202) 272-5434 voice (202) 272-5449 TTY (202) 272-5447 fax (800) 872-2253 voice (800) 993-2822 TTY info@access-board.gov www.access-board.gov/index.htm Legal Overview: the ADA and the Rehabilitation Act 53 Employment and Accessibility for Employees with Disabilities U.S. Equal Employment Opportunity Commission (EEOC) 1801 L Street, N.W. Washington, DC 20507 (800) 663-4000 voice (800) 663-4494 TTY www.eeoc.gov The Job Accommodation Network (JAN) An international toll-free consulting service, JAN provides information about job accommodations and the employability of people with disabilities. Job Accommodation Network (JAN) West Virginia University PO Box 6080 Morgantown, WV 26506-6080 (800) 526-7234 voice/TTY www.janweb.icdi.wvu.edu/ Disability and Business Technical Assistance Centers (DBTACs) The National Institute on Disability and Rehabilitation Research (NIDRR) has ten regional centers to provide checklists, information and technical assistance to employers, persons with disabilities, and others with rights or responsibilities under the ADA. The centers act as a "one-stop" central, comprehensive resource on ADA issues in employment, public services, public accommodations and communications. DBTAC (800) 949-4232 voice/TTY www.adata.org/text-dbtac.html Mark Taper Forum, Los Angeles, CA: Backstage dressing room with actress Lisa Mann CHAPTER 3 Architectural Access Universal Design Universal design goes beyond minimum access standards to the design of products and environments usable by the broadest public to the greatest extent possible. The intent of universal design is to simplify life for everyone by making products, communications and the built environment usable by as many people as possible. In the best of all possible worlds, the concept of universal design would guide the creation of all facilities and programs. Universal design benefits people of all ages and abilities because what is an accommodation for one person may be a convenience for many. The seven principles of universal design can be applied in many ways, not just to architecture and buildings, but also to programs and policies. For example: Does an organization's ticket sales system allow for flexibility in use? Can everyone purchase tickets on the phone, via the Internet or at the door? Is the system simple and intuitive? Are the purchasing policies simple and straightforward? The following seven principles inform the creation of more inclusive and universally accessible environments. These principles were compiled by advocates of universal design, listed in alphabetical order: Bettye Rose Connell, Mike Jones, Ron Mace, Jim Mueller, Abir Mullick, Elaine Ostroff, Jon Sanford, Ed Steinfeld, Molly Story and Gregg Vanderheiden, with major funding provided by the National Institute on Disability and Rehabilitation Research and the U.S. Department of Education, Copyright 1997, NC State University, The Center for Universal Design. 56 Chapter 3 Display is visual and tactile Information available in print and braille Low display with clear knee space is good for sitting or standing Information available aurally Universal Design Example Principle One: Equitable Use The designs are useful and marketable to people with diverse abilities. • Provide the same means of use for all users, identical whenever possible, equivalent when not. • Avoid segregating or stigmatizing any users. • Make provisions for privacy, security and safety equally available to all users. • Make the design appealing to all users. • Examples • Power doors with sensors at entrances that are convenient for all users. • Integrated, dispersed and adaptable seating in assembly areas such as theaters. Principle Two: Flexibility in Use Designs accommodate a wide range of individual preferences and abilities. Provide choice in methods of use. Accommodate right- or left-handed access and use. Facilitate the user's accuracy and precision. Provide adaptability to the user's pace. Examples • Scissors designed for right- or left-handed users. • An automated teller machine (ATM) that has visual, tactile, and audio feedback, a tapered card opening and a palm rest. Principle Three: Simple and Intuitive Use Uses of the designs are easy to understand, regardless of the user's experience, knowledge, language skills or current concentration level. • Eliminate unnecessary complexity. • Be consistent with user expectations and intuition. • Accommodate a wide range of literacy and language skills. • Arrange information consistent with its importance. • Provide effective prompting and feedback during and after task completion. • Examples • A moving sidewalk or escalator in a public space. • An instruction manual with drawings and no text. Architectural Access 57 Principle Four: Perceptible Information The designs communicate necessary information effectively to the user regardless of ambient conditions or the user's sensory abilities. Use different modes (pictorial, verbal, tactile) for redundant presentation of essential information. Provide adequate contrast between essential information and its surroundings. Maximize "legibility" of essential information. Differentiate elements in ways that can be described (make it easy to give instructions or directions). Provide compatibility with a variety of techniques or devices used by people with sensory limitations. Examples • Tactile, visual, and audible cues and instructions on a display with video or on a thermostat. • Redundant cueing (e.g. voice communications and signage) in airports, train stations and subway cars. Principle Five: Tolerance for Error The designs minimize hazards and the adverse consequences of accidental or unintended actions. • Arrange elements to minimize hazards and errors: most used elements, most accessible; hazardous elements eliminated, isolated or shielded. • Provide warnings of hazards and errors. • Provide fail-safe features. • Discourage unconscious action in tasks that require vigilance. • Examples • A double-cut key easily inserted into a recessed keyhole in either of two ways. • An "undo" feature in computer software that allows the user to correct mistakes without penalty. "You must understand that no matter what your occupation, we are all designers. Everything conceived or made by humans is designed. Universal design suggests that products, architecture, museum programs — all human-made things — must be functional and aesthetically enhancing, democratic, humane, adaptable, cost effective and inclusive. From huge systems such as urban planning, to a museum exhibition, down to a seemingly insignificant object like a can opener, designers must include the largest possible audience. I don't think most people realize how design has an impact on every aspect of their daily lives." Dianne H. Pilgrim, Director Emeritus and Senior Advisor for Special Projects, Cooper-Hewitt National Design Museum, Smithsonian Institution 58 Chapter 3 Shower head on long hose can be hand held or fixed at different heights for people sitting, standing, showering alone or receiving assistance. Sturdy shower head holder when securely fastened can be used as a grabbar. Principle Six: Low Physical Effort The design can be used efficiently and comfortably and with a minimum of fatigue. • Allow user to maintain a neutral body position. • Use reasonable operating forces. • Minimize repetitive actions. • Minimize sustained physical effort. • Examples • Lever or loop handles on doors and faucets. • Touch lamps operated without a switch. Principle Seven: Size and Space for Approach and Use The design provides appropriate size and space for approaching, reaching, manipulating and using regardless of user's body size, posture or mobility. Provide a clear line of sight to important elements for any seated or standing user. Make reaching to all components comfortable for any seated or standing user. Accommodate variations in hand and grip size. Provide adequate space for using assistive devices or personal assistance. Examples • Controls on the front and clear floor space around an interactive exhibition, mailboxes and other elements. • Wide gates at subway station that accommodate all users. Universal Design Example 'Universal design is a new approach that assumes most places and programs can be designed to accommodate a much wider audience — if we plan from the beginning. It is becoming the approach used by cultural administrators who want their places, media and programs to reach the widest possible audience. Universal design helps develop audiences and careers and community." Elaine Ostroff, Founding Director, Adaptive Environments Architectural Access 59 Surveying for Physical Accessibility Many arts and humanities programs are housed in facilities built before the Rehabilitation Act, the ADA, the conception of universal design, and before all of the architectural guidelines developed to increase accessibility. Nonetheless, cultural programs still require accessible buildings and spaces. Whether the organization owns or leases a facility, whether the facility is old or new, there are five steps to ensuring physical accessibility. 1. Conduct a survey to identify accessibility barriers. A thorough survey should be conducted of every facility where cultural events occur. Use a reputable survey or checklist to identify barriers to accessibility. Involve knowledgeable individuals with disabilities in the process of evaluating what does and doesn't meet the Americans with Disabilities Act Accessibility Guidelines (ADAAG), Uniform Federal Accessibility Standards (UFAS), state or local accessibility standards and codes. Keep in mind that looking beyond the minimum level of accessibility laid out by codes and standards will broaden the potential for usability of facilities and programs. 2. Brainstorm ways in which barriers may be eliminated and ways in which environments may be made more universally accessible. Once the survey is completed, keep the principles of universal design in mind, examine the barriers identified and start creating solutions. For example, the front door leading into the organization's office has a round doorknob, which is difficult to turn. Solutions might include: removing the door knob, propping the door open, replacing the door knob with a levered handle or installing an electronic door opener. 3. Estimates of cost, time and resources involved in removing barriers and enhancing access. Take each proposed solution and cost it out. Figure out the time and resources necessary to accomplish each solution. Look at the practicality of each solution. For example, removing the doorknob or propping the door open isn't practical from a safety or security point of view. Installing an electronic door opener might be the optimal and most universal solution, but it may not be within the organization's financial reach. Replacing the round knob with a levered handle is the least expensive solution and will make the door more accessible. 60 Chapter 3 4. Prioritize projects and apply universal design principles to barrier removal efforts. After identifying solutions to barriers, determine in what order barrier removal will be accomplished. A good plan, both long-term and short- term, can maximize the effectiveness of barrier removal measures as well as the use of resources. Use the following priorities recommended by the U.S. Department of Justice while striving to create a universally accessible cultural environment. First priority: Get people in the door. Second priority: Provide access to goods and services. Third priority: Provide access to restrooms. Fourth priority: Remove any remaining barriers. 5. Develop time frame, implement the plan and review it periodically. The final step is to develop the time frame and implement the plan. As in the examples above, fixing the barrier caused by the round doorknob would be a first priority because it involves getting people in the door. Initially, the plan would be to replace the round knob with a levered knob, but within two years identify or budget funds to install an electronic door opener. Reviewing and reassessing plans is very important. In two years, the organization may move to a different office space, the levered handle may provide suitable access or the electronic door may be- a lot less expensive. Even if an organization's permanent programs are in an accessible building, it may occasionally use other facilities temporarily or for a specific event. The organization should survey for accessibility. If the facilities are not accessible, the organization has two choices: either not use that facility or instigate barrier removal. For example, functions like festivals, circulating exhibitions or special performances may need temporary solutions to bypass a curb or a set of stairs, or to provide usable restrooms or improve signage. For conferences and meetings, the organization might negotiate with the site management to require accessibility improvements before signing an agreement to use the site. Architectural Access 61 Organizations that are building new or renovating old facilities should carefully select an architect and contractor who are willing to apply universal design concepts to their work and are committed to creating fully accessible environments. Architects and contractors should work with recognized specialists in the field of accessibility along with members of the local disability community who are fully aware of all applicable accessibility standards and sensitive to the environmental needs of people with disabilities. The following is a preliminary guide to help identify areas that need particular attention, but it is not a comprehensive review of architectural accessibility standards. For a complete review of accessibility requirements, refer to either the Americans with Disabilities Act Accessibility Guidelines (ADAAG) or the Uniform Federal Accessibility Standards (UFAS), both of which can be obtained from: The Access Board 1331 F Street, NW, Suite 1000 Washington, DC 20004-1 1 1 1 (800) 872-2253 voice (800) 993-2822 TTY info@access-board.gov www.access-board.gov "Every individual, no matter what age, needs accessible venues. We all benefit from a door that opens easily or a water fountain of an acceptable height. ... In the new millennium our mandate is determined: accessibility for all. " Denise Chavez, Artistic Director, The Border Book Festival 62 Chapter 3 A Hazard at Small Changes in Level Exterior Accessible Route Preliminary Guide to Architectural Accessibility 1. Exterior Accessible Route An accessible route is a continuous pathway with a stable, firm and slip- resistant surface at least 36 inches wide, which has no curbs, steps, stairs or abrupt changes in level greater than 1/4 inch. It should be free from sand, gravel, gratings, debris or anything that could trip people or result in an unstable or uneven surface. An accessible route provides a safe and usable path for people who walk with difficulty, use wheelchairs, crutches, braces, canes or walkers, or who have respiratory or heart problems or other conditions that limit stamina or mobility. Accessible routes are also safer and easier for everyone to follow. In surveying walks, paths, corridors and floor surfaces, look for small changes in level, steps and protruding objects (tree branches, shrubbery, signs, light fixtures). Holes and cracks should be filled in, bumps should be smoothed out, small changes in level should be ramped and thresholds should be level with the path or beveled. Curbs encountered on the accessible route must have curb ramps (commonly known as curb cuts). If a flight of stairs is the only available route, install a ramp or an elevator. Architectural Access 63 2. Parking Parking Spaces Drivers who use wheelchairs need parking spaces on level surfaces that are 8 feet wide with a 5-foot access aisle next to them. The first accessible parking space and 1/8th of all parking spaces need to be able to accommodate vans with side lifts by having an 8-foot-wide access aisle. Each accessible space must be as close as possible to the accessible building entrance and adjoin an accessible route. 6'min a'min & min 5' min 8> min Accessible Parking Spaces with Accessible Aisles The spaces must be marked by an above-ground sign that cannot be obscured by a vehicle parked in the space and that shows the international symbol of accessibility. The Americans with Disabilities Act Guidelines, Standard 4.30.7 (1) specify that facilities and elements, such as signs, required to be identified as accessible use the international symbol of accessibility. A sign painted on the pavement is required in some states but is not sufficient to satisfy federal requirements. Most large hardware stores carry ready-made signs. If the route is not apparent, provide signs directing people to an accessible entrance. Both the UFAS and ADAAG (section 4.1.1) calculate the number of required accessible spaces as follows: Minimum Number of Accessible Total Parking Spaces Spaces Required International Symbol of Accessibility 1 to 25 26 to 50 51 to 75 76 to 100 101 to 150 151 to 200 201 to 300 301 to 400 401 to 500 501 to 1000 1001 and over Accessible Parking Signage 1 2 3 4 5 6 7 8 9 2 percent of total 20 plus 1 for each 100 over 1000 64 Chapter 3 Off-site Parking If off-site parking is available, ensure that there is an accessible route of travel from the off-site parking to the facility's entrance. Mark the accessible route clearly with appropriate signage. off site parking Accessible Route from Off-Site Parking Passenger-Loading Zone A passenger-loading zone should have at least 5 feet of clear space beside the vehicle for passenger loading. The passenger-loading zone must connect to an accessible route to the building entry. Curbs at passenger drop-off zones must have curb cuts that are kept unobstructed. Passenger Loading Zone Architectural Access 65 3. Entrances and Doors Entrances to buildings should be approached by a flat or gradually sloping and smooth surface. An accessible route must connect parking areas, drop-off zones, public transportation stops or other buildings with the building entrance. Entrance Ramps Most building standards specify ramps with a maximum slope of 8.3 percent, which is one foot of rise for every 12 feet of horizontal run. For every 30 feet of run an intermediate 5-foot long landing or rest platform is required. In addition, 5-foot level platforms must be at both the top and bottom of the ramp. Consequently, a ramp for a 4-foot rise must be at least 48 feet long plus have 5-foot long landings at the top and bottom and at least one level intermediate 5-foot long landing. Ramps are usually required to have hand railings on both sides. Long ramps can be handled in a variety of ways: straight run, switch back or L-shape. Level approaches however, are always preferable to ramps. In some instances, particularly in historic buildings, re- landscaping the approach to change the entrance level may be the best solution. Also, interior ramps are always preferable to exterior ramps so that no one is required to roll or walk on an inclined surface during inclement weather. Doorways and Thresholds Doorways must provide a minimum of 32 inches of clearance when the door is standing open at 90 degrees. Most exterior doorways are 36 inches wide, but interior doors are often narrower. All doorways need a 5-foot by 5-foot level and clear area on the pull side. The door should have a kickplate and lever-type or push-pull or U-shaped hardware. Existing Entrance Straight Run Ramp Switch-back Ramp 66 Chapter 3 16" min. 24" preferred 60" 32" Minimum Clear Width Door Clear Space to Side of Door Weather stripping on the bottom edge of the door is preferable to a threshold as a means of stopping infiltration. Thresholds must not be more than 1/2 inch high and must be beveled if more than 1/4 inch high. Interior doors should take no more than 5 pounds of pull (force) to open. Door closers should be adjusted or removed so that someone with limited upper body strength or limited mobility can easily open the door. Accessible Entrance on Main Street & Sign at Inaccessible Entrance Revolving Doors Many people with disabilities cannot use revolving doors or turnstiles. If either exists in a cultural facility, there must be a readily accessible alternate route around them. A swinging door placed immediately adjacent to a revolving door or a gate next to a turnstile are most convenient. Auxilary door operable from outside must not be locked. If a swinging door is not located near a revolving door, provide an alternate entrance. Post a sign at the revolving door directing people to the usable door. Proper signage, with the universal symbol for access, must be placed at any inaccessible entrance to notify the public where the closest accessible entrance is located. Auxiliary Entrance for Revolving Door Architectural Access 67 Power-Operated Door at Entrance If swinging power-operated doors are used for two-way traffic, the activating and safety mats, as well as guard rails, must extend well in front of the door swing to prevent the opening door from hitting anyone. If the power door is operated with a button, be sure to place the button in an accessible location and out of the way of the swing of the door. Power Operated Door at Entrance Double Door Vestibule Double door vestibules with limited maneuvering space can trap people who use wheelchairs. At least 4 feet must be between the face of the first door and the second door in its open position. The best entrance for older adults and people with disabilities is one with power-operated doors. Lobby Vestibule at Entrance 68 Chapter 3 4. Interior Accessible Route Inside a building, people must be able to move about using a continuous pathway that is well lit, stable, firm, slip-resistant, unobstructed and at least 36 inches wide. The accessible route should be the shortest route. Signage should clearly mark the accessible route, if not all routes are accessible. If possible, seating should be provided at periodic intervals for people who need to rest. EUROPEAN GALU* IES Interior Accessible Route Clearance for Passage People who use mobility aids such as wheelchairs, walkers or crutches and braces require more space in which to maneuver. The average adult-sized wheelchair is about 26 to 28 inches wide and uses about 30" inches by 48 inches of floor space. Because at least four feet is required for a person in a wheelchair to pass a walking person — five feet for two people using wheelchairs to pass — it is recommended that all aisles and hallways have a minimum width of 5 feet. 5' min 43" 4' min Clearance for Aisles Clear Floor space Architectural Access 69 Carpet Carpet must adhere directly to the flooring, with a firm cushion, pad or backing that must be attached to the carpet. The carpet should be level loop, textured loop, level cut pile or level cut/uncut pile texture with a maximum pile thickness of 1/2 inch. Soft carpet or padding, especially in thicknesses greater than 1/2 inch, make using wheelchairs, crutches, canes and walkers very difficult. Any carpet that shifts, or has an unattached pad underneath, is very difficult for wheelchair users to negotiate. Protruding Objects Wall-mounted elements such as telephone enclosures, light fixtures, fire extinguishers, water fountains, exhibit cases or signs that stick out more than four inches from the wall can be hazardous to people who are blind or have low vision and who depend on a long cane for mobility. If the cane passes below the object, the object is not detected, and people could walk into it. There are several solutions: secure or extend a cane-detectable object under the protruding object; recess the object so it no longer protrudes; if possible, raise the object above 80 inches; or lower the protruding object to less than 27 inches so a person using a cane can detect it. Problems can also result from handrails, cueing line barriers or objects with widely spaced supports. The latter can be imperceptible to those using a long cane because the cane can pass between or beneath them without making contact. Cane will not detect wall mounted objects above 27" Protruding Object Hazard Protruding Object Warning Stairwell with Cane Warning Interior Changes in Levels Abrupt changes in floor levels in buildings are one of the most common problems for people with disabilities. If one or more steps elevate an entire area, it is inaccessible and will need to be made accessible. Using wedges or small ramps can eliminate small changes in levels up to 6 inches in height. 70 Chapter 3 EUROPEAN GALLERIES 60" \oy\q, level area at top of ramp handrails on both sides slope max. 1:12, the less steep, the better stable, firm, slip-resistant surface 60" long, level area at bottom of ramp Interior Ramp Interior Ramps The best and safest solution to an interior change in level is a permanent ramp. Finish material can match surrounding materials, but the ramp surface should be firm and have a non-slip surface. Such ramps must not be steeper than 1:12 and must have hand railings on both sides. Remember, every foot of rise requires at least 12 feet of run. An intermediate 5-foot long landing or rest platform that is at least as wide as the ramp is required for every 30 feet of run. In addition, 5-foot level platforms must be provided at both the top and bottom of the ramp. Extended lengthy ramps are a poor solution for the wheelchair user, because many people cannot push themselves up such a long slope. Intermittent/Temporary Ramps For intermittent or temporary situations such as an outdoor art or music festival or a lecture/panel platform, use ramps with substantial handrails on each side and a non-slip surface. Portable metal ramps are another temporary solution. However, these folding lightweight ramps have small curbs, no handrails and should not be left in place unattended. Handrail at Stairs Stairs Handrails should be provided on both sides of stairs and around landings. Handrails must extend at least 1 foot horizontally beyond the top step and the bottom step. Hand railings should be 1 1/4 inches to 1 1/2 inches in diameter and be 1 1/2 inches from the wall. If handrails exist, but do not have horizontal extensions, modify or replace them. If horizontal extensions cannot be installed on both handrails, install them on at least one. If children will use stairs, consider installing a second, lower handrail. Elevators If the building is equipped with elevators, the elevator may be completely accessible or may need some improvements to be usable by everyone. Architectural Access 71 Elevator Lobbies Call buttons must be no more than 48 inches above the floor. Car arrival indicators should light up and ring to announce a car's arrival so people with either visual or hearing loss can perceive them. Raised numeral and braille floor indicators must be placed on both doorjambs and located at a height of 60 inches above the floor. The raised numeral should be at least 2 inches tall and raised at least 1/16 of an inch above the surface. These can be easily added to elevator doorjambs. Elevator Lobby Remove obstacles that are under call buttons *rc? mm Elevator Cab Elevator size is critical for people who use wheelchairs. Elevators should have enough space to allow a person using a wheelchair to turn around inside. If an elevator has at least a 30 inch by 48 inch clear floor space inside, it should accommodate a person using a wheelchair. By pulling straight in and backing out or vice versa, most people using wheelchairs can fit in an elevator that is as small as 48 inches from the door to the back wall. In these very small elevators, however, a person who uses a wheelchair will probably not be able to reach the controls unless the controls are placed on a side wall. Elevator Control Panel The highest operable part of the control panel (top elevator control button and/or the emergency controls) must be no more than 48 inches above the floor. In some cases, it may be acceptable to install a stick or wand hung from a chain in the corner of the cab that can be used to push controls that are out of reach. must be able to reach control buttons Minimum Cab Size control button raised diameter numerals ^A-* min 5 /&" high raised sy mbols emergency alarm Elevator Control Panel emergency stop octagon symbol raised, but not theX 72 Chapter 3 Elevator control buttons must have raised numerals and braille to the left of each button. Inexpensive, adhesive-backed, raised numerals with braille can be added to existing elevator panels. However, these labels are easily removed and must be continually monitored to ensure that they remain in place. For people who are blind or have low vision, lighting is also particularly important, as are the size and contrast of color on the call buttons. Lifts Mechanical wheelchair lifts are a solution of last-resort. Lifts require power, are subject to mechanical failure and operator error, need routine and regular maintenance, require the use of a key and have several built-in safety features that make them difficult to use independently in public spaces. Wheelchair lifts should only be installed if there is not adequate room for a ramp or another solution is not available. Post instructions for operation on or near the lift and have the key readily available. Mechanical lifts can be placed over or next to existing stairs. Two types of lifts exist, vertical and inclined. Vertical lifts are placed at or beside the stairs and rise or lower vertically. Inclined lifts travel on a track mounted on the wall beside the stair. Most inclined lifts can be folded out of the way when not in use. Many jurisdictions restrict them from use on narrow flights of stairs where they may block fire egress. Lift 5. Amenities, Services and Conveniences People with disabilities must be able to take advantage of food services, shops, and other amenities and conveniences. Accessibility goes beyond the ability to just enter and exit an area, space or room. It also means the ability to use the facilities or take advantage of the services provided. Architectural Access 73 Controls and Hardware Controls and hardware include operating mechanisms such as door handles, thermostats, toilet flush controls, faucet handles, locks, dial pads, window cranks, computer keyboards and touch screens, fire alarms, light switches and coin slots. They must be mounted where short or seated people or those who cannot raise their arms can reach them. There has to be enough clear floor space for people using wheelchairs to get close to the controls. In addition, controls must be easy to operate. Controls should be operable with one hand in a closed fist and not require gripping, twisting nor more than five pounds of pressure. Rocker Switch lever handles Reach Ranges People with disabilities who are of short stature or who use wheelchairs cannot easily reach objects or controls placed higher than 48 inches above the floor. The most usable range is between 36 and 48 inches above the floor. If x Is Ices than 20"-> 46" max If x Ie20" -25" ->44"max 56"-4&" ideal range Forward Reach Range at Work Surface Side Reach Range 74 Chapter 3 Available at Front Desk Telephones Public telephones should be mounted along an accessible route (not protruding) with the highest operable part (coin slot or keypad) no more than 48 inches above the floor. Clear floor space of at least 30 by 48 inches must be in front of the phone so that a person using a wheelchair can comfortably pull up to it. At least one phone in each phone bank should have volume control for people who are hard-of-hearing. If public pay phones are made available, then a TTY for public use should also be available. Place signage at public phones to indicate the availability of volume controls and the location of the nearest TTY. Accessible Pay Telephone Water Fountains Water fountains should be located along an accessible route and can be used by most people with disabilities, if the spout is no more than 36 inches above the floor. The best type of water fountain for people who use wheelchairs is one that has at least 27 inches of clear space between the bottom of the apron and the floor. A high-low arrangement of water fountains is accessible to standing, seated or short individuals. Water fountains with automatic or lever-type handles are best because wheelchair users cannot use foot- operated controls. Installing a new lower water fountain may be more economical than relocating or modifying an existing installation. Minimum Apron Clearance Maximum Spout Height Hi-Low Fountains Architectural Access 75 Signage Signs that designate permanent rooms and spaces such as restrooms, conference or meeting rooms and offices must be accessible. In general, accessible signs have raised letters and numerals, use sans serif type and braille. Typeface must be clear, with maximum contrasting colors. The surface of the sign should be well lit and have a matte or other non-glossy finish. Signage is a much overlooked accessibility asset. It should be used to give people information and direct them to accessible routes and entrances, telephones, restrooms and emergency exits (especially when not all are accessible). Most people, including those who cannot read or do not know English, can understand pictographs and international symbols. Warning Signals Emergency warning systems should produce signals that can be perceived by people who are blind or have low vision and those who are deaf or hard-of-hearing. Signals that are exclusively bells, buzzers, flashing lights or visual warning signs are useless to people who cannot hear or see them. Many new electronic devices provide warning signals that are both audible and visible. If ringing bells are used, for example, to signal patrons and visitors of the start of a movie or performance, the arrival of transportation or the start of a demonstration, make sure to have some visual alert such as flashing lights. To Display Captions Push the Button RESTROOM Readable Sign Pictograph Audible and Visible Signals Ticket Offices and Information Booths Ticket offices and information booths should be located on accessible routes and have a minimum clear space of 30 by 48 inches in front of the transaction window or counter. A 60 by 60 inch clear floor area is preferable so that someone using a wheelchair, scooter or walker can approach and turn around to leave rather than having to back away. At least one counter and/or window should be a maximum of 36 inches above the floor with knee space that is at least 27 inches high and at least 36 inches wide so that a person who is seated or short can approach the transaction space. At this level a short or seated user can see and communicate easily with the person behind the counter. It will also allow the person to use the counter space to write checks or make transactions. If stanchions or other crowd-control devices are used to organize lines, be sure these are placed so that the path is at least 36 inches wide at all points. 76 Chapter 3 J I^ORm ATlo N Ticket Office Window Information Counter Locate ticket offices and information booths in areas that are acoustically protected so that patrons are able to hear the person selling tickets or providing information. These areas also should be well lit to allow patrons who have low vision to see seating charts, tickets, maps, brochures and receipts. Signage should be clear and legible with large simple fonts in high contrast colors. Coatrooms The counter at the coatroom should be no higher than 36 inches so that a short or seated person can easily pass heavy coats and bags' to the attendant. If the coatroom is self-service, at least one rack or section of hangers and coat hooks should be no higher than 48 inches. Architectural Access 77 Concessions and Food Service Seating for individuals who use wheelchairs or other mobility aids should be integrated and dispersed throughout restaurants, dining rooms, canteens and cafeterias. At least five percent of the tables must be accessible. Aisles and space between tables should be at least 36 inches wide to allow people to easily maneuver between the tables and chairs — even when people are seated at the tables. Restaurant Seating People using wheelchairs must be able to get their knees under the table. This requires clearance that is at least 27 inches high, 30 inches wide and 17 inches deep under accessible tables and counters. The tops of accessible tables and counters should be no higher than 34 inches above the floor. Provide menus in accessible formats such as large print and braille, or prepare waiters to read the menu to diners who are blind, have low vision or difficulty reading text materials. People who are deaf or hard-of-hearing appreciate well lit and quiet dining areas. '36 T ' m\n<& -1 -42" preferred — ► Food Service Area 78 Chapter 3 GIFT SHOP Gift Shop Shops Make gift shops accessible with good lighting, wide aisles and easy to reach items. Keep aisles at least 36 inches wide. Placing displays and allowing merchandise to protrude into the aisles makes it difficult, uncomfortable and potentially unsafe for people with different mobility aids, as well as for those who are blind or have low vision, to maneuver around the shop. Train staff to assist customers in retrieving objects that are displayed out of reach and to read prices to those who cannot read text. Make at least one cash register and counter accessible to people who are short or use a wheelchair. The counter top should be no more than 36 inches above the floor, at least 36 inches in length and placed along an accessible route. 6. Restrooms Accessible restroom facilities may have many different configurations. Single user restrooms are convenient for individuals who use power wheelchairs or scooters or who need assistance with personal care. These single- user (unisex) restrooms are also very useful for parents who need to assist children. Circular Clear Floor Space 5' mln clear floor space may be part of the clear knee space required under objects, such as lavatories T-shaped Clear Floor Space k-ro"-*!*— 3'0" — ►U-i , o ,, -w Architectural Access 79 Restroom Signage, Doors and Vestibules Signage at restrooms must have raised characters, braille and pictograms. Signs must be located on the wall at the latch side of the door whenever possible and be hung 60 inches from the center point of the sign to the floor. Signs should indicate whether the restroom is for men, women or unisex and whether the restroom is accessible. If the restroom is not accessible, signage must be provided that directs people to the nearest accessible restroom. Restroom Vestibule Doors to be used by people with disabilities must provide a 32-inch clear opening width when the door is in the open position. Some restrooms have a vestibule or an entrance that requires people to turn a sharp corner. These and double-door vestibules with limited maneuvering space can trap people who use mobility aids. There must be at least 4 feet between the vestibule's second door in its open position and the face of the first door. Entrances that wrap or turn corners should be wide enough to allow a person using a scooter or larger power wheelchair to comfortably turn and maneuver into the restroom. Toilet Stalls Every restroom should have at least one accessible stall that has a 60-inch diameter or T-turn clear floor space free of the door swing. The toilet should be located in the corner diagonally opposite from the door. This space configuration allows a wheelchair user to do a side transfer onto the toilet, and turn around inside the stall. Accessible toilet stalls must have doors that, when open, have a clear opening width of 32 inches. This usually means that the door itself will be at least 33 inches wide. Inside the stall there should be two 1 1/2 inch diameter grab bars mounted <— 42" min latch-side approach only, other approaches 46" min Accessible Toilet Stall with wall-mounted toilet ► with floor-mounted toilet 80 Chapter 3 Alternate Toilet Stall 72" 56" min x 60" min clear floor space at toilet ~— 30" min x 4©" min clear floor space at lavatory door does not swing into clear floor space 5 Foot wide Toilet Stall horizontally, with a 42-inch bar on the near wall and another 36-inch bar on the rear wall, both at a height of 33 inches above the floor. The space between the grab bars and the wall should be exactly 1 1/2 inches wide. The top of the toilet seat in the down position should be between 17 and 19 inches from the floor. Toilet paper dispensers should allow for a continuous flow of paper and be located in a position below the grab bars that is easy to reach while seated at the toilet. Recessed dispensers are preferred but not required. Stall doors should have locks and handles that can be operated easily with a closed fist. Coat hooks, dispensers and trash receptacles should be located within reach range no lower than 15 inches and no higher than 48 inches from the floor. Lavatories, Mirrors, Soap and Towel Dispensers Lavatories used by people with disabilities must have at least 29 inches of clearance between the bottom edge of the apron front and the floor. The faucets should be automatic or have handles that can be operated without grasping and twisting. Levers and push buttons (the kind that require light pressure and leave the water running for a while) are generally preferred. Pipes under the lavatory must be insulated to protect people who have no sensation in their legs from burning. Architectural Access 81 Mirrors must have bottom-reflecting edges no more than 40 inches above the floor. Dispensers and trash receptacles should have the highest operable part no more than 48 inches above the floor. Do not locate them so the wheelchair approach is obstructed. Following are some suggestions for modifications: • Cut lavatory aprons to provide necessary knee clearances. • If dispensers and mirrors are too high, it is often easier to mount a new dispenser nearby and install a full-length mirror on another wall than to relocate the existing ones. • If towel and soap dispensers are too high, place towels and soap on the lavatory counter or on a shelf or table within reach of seated or short people. Remember, however that doing this requires daily maintenance. • Replace round faucet knobs with automatic controls or with lever handles that can be operated with a closed fist. towel dispenser too high and located over counter top soap dispensers wh not too high, are awkward for some to reach over the counter Problem at Lavatories • lower mirror or install full length mirror • install second, lower towel dispenser • alternate-place stack of towels on counter • change faucet knobs to levers • bar soap can substitute for dispensers • cut apron • insulate exposed drain and hot water pipes Modified Lavatory 82 Chapter 3 Full length mirror Work Areas - Pressing Room "s. X should be 25" max If X is 20-25" then Y should be AA" may. If X is less than 20" then Y should be 4&" max clear knee space Work Areas - Control Booth 7. Work Areas Be prepared to provide reasonable accommodations to make work areas accessible to staff, board members, panelists, volunteers, performers, technicians and others with disabilities. Work areas should be clear of protruding objects. Aisles and passageways should be kept unobstructed, well lit and safe for individuals who are blind or have low vision. A person who uses a wheelchair or other mobility aid should be able to get comfortably into and out of work areas and be able to use and reach workstations, operate equipment, use the restrooms and take advantage of break rooms, lounges and cafeterias. Architectural Access 83 Universal Design The Center for Universal Design The center is a national research, information and technical assistance center that evaluates, develops and promotes universal design. Center for Universal Design North Carolina State University School of Design Box 8613 Raleigh, NC 27695-8613 (919)515-3082 voice/TTY (919) 515-3023 fax (800) 647-6777 voice cud@ncsu.edu www.design.ncsu.edu/cud/index.html "Global Universal Design Educators Monthly On-Line News" A monthly on-line newsletter that highlights projects related to universal design around the world, and the efforts of designers and educators who are involved in the practice of universal design. Adaptive Environments Center, Inc. 374 Congress Street, Suite 301 Boston, MA 02210 (617) 695-1225 voice/TTY (617) 482-8099 fax adaptive@adaptenv.org www.adaptenv.org/global Center for Inclusive Design & Environmental Access IDEA provides resources and technical expertise in architecture, product design, facilities management and the social and behavioral sciences. They offer "Universal Design Education On-Line" and "Unlimited by Design" a traveling exhibit originally developed by the Cooper Hewitt National Design Museum/ Smithsonian Institution in 1999. School of Architecture and Planning - University at Buffalo Center for Inclusive Design & Environmental Access Buffalo, NY 14214-3087^ (716) 829-3485 ext 329 voice (877) 237-4219 ext 336 TTY (716)829-3861 fax IDEA@ap.buffalo.edu www.ap.buffalo.edu/idea/ 84 Chapter 3 Surveys and Checklists for Accessibility "Readily Achievable Checklist: A Survey for Accessibility" An easy-to-use survey tool, based on the ADAAG, to help owners and managers of public accommodations identify barriers in facilities. Adaptive Environments Center, Inc. 374 Congress Street, Suite 301 Boston, MA 02210 (617) 695-1225 voice/TTY (617) 482-8099 fax adaptive@adaptenv.org www.adaptenv.org "ADA Compliance Guidebook: A Checklist for Your Building" This guide is a reference document and workbook for surveying buildings and facilities for accessibility. Building Owners and Managers Association International 1201 New York Avenue, NW, Suite 300 Washington, DC 20005 (202) 408-2662 voice (202)371-0181 fax www.boma.org/pubs/guide.htm "Checklist For Buildings And Facilities" This checklist was prepared by the Access Board to assist individuals and entities with Title II and Title III of the Americans with Disabilities Act (ADA) in applying the requirements of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) to buildings and facilities subject to the law. Access Board 1331 F Street, NW, Suite 1000 Washington, DC 20004-1 111 (202) 272-5434 voice (202) 272-5449 TTY (202) 272-5447 fax (800) 872-2253 voice (800) 993-2822 TTY info@access-board.gov www.access-board.gov/adaag/checklist/a16.html North Carolina Museum of History, Raleigh, NC: Visitor Maralo Guimaraes and ramp CHAPTER 4 Architectural Access to Historic Properties This chapter is excerpted with permission from "Making Historic Properties Accessible," Preservation Brief 32 by Thomas C. Jester, architectural historian, and Sharon C. Park, AIA, senior historical architect, Preservation Assistance Division of the National Park Service. Download the complete brief at www2.cr.nps.gov/TPS/briefs/brief32.htm Historic properties are irreplaceable and require special care to ensure their preservation for future generations. With the passage of the Americans with Disabilities Act, access to historic properties open to the public is now a civil right and owners of historic properties must evaluate existing buildings to determine how they can be made more accessible. It is a challenge to evaluate properties thoroughly, to identify the applicable accessibility requirements, to explore alternatives and to implement solutions that both provide independent access and are consistent with accepted historic preservation standards. This chapter introduces historic property owners, design professionals and administrators to the issues of evaluating historic properties to provide the highest level of accessibility while minimizing changes to historic materials and features. Because many projects encompassing accessibility work are complex, consultation with experts in the fields of historic preservation and accessibility is advisable before proceeding with permanent physical changes to historic properties. "Preservation of our historic structures; presentation of an early 19th century community complete with earthen paths and roadways and narrow entries with stone steps provided a challenge of the greatest magnitude. With the assistance of our Accessibility Advisory Council, however, we found our successes in adopting the broadest perspective while developing solutions. Operationally, it had to become a way of thinking for all of us, if we were to achieve our goals for an accessible environment." Alberta Sebolt-George, President and CEO, Old Sturbridge Village (1971-2002) 88 Chapter 4 Solutions for accessibility should not destroy a property's significant materials, features and spaces, but should increase accessibility as much as possible. Remember, most historic buildings are not exempt from providing accessibility. With careful planning, owners can make historic properties more accessible, so that all people can enjoy their significance. Historic properties are not exempt from the ADA Accessibility Guidelines (ADAAG). The ADA requires barrier removal in historic buildings, if the removal is readily achievable. The ADA, however, takes into account the national interest in preserving significant historic structures. Barrier removal would not be considered "readily achievable," if it would threaten or destroy the historic significance of a building or facility that is eligible for listing in the National Register of Historic Places under the National Historic Preservation Act (16 U.S.C. 470, et seq.), or is designated as historic under state or local law. Planning Accessibility Modifications Features, materials, spaces and spatial relationships that contribute to historic character, distinguish historic properties. Often these elements, such as steep terrain, monumental steps, narrow or heavy doors, decorative ornamental hardware, narrow pathways and corridors, pose barriers to people with disabilities or who are older, particularly to people who use wheelchairs or have limited mobility. Three Steps to Accessibility Use a three-step approach to identify and implement accessibility modifications that protect the integrity and historic character of historic properties: First: Review the historical significance of the property and identify character-defining features. Second: Assess the property's existing and required level of accessibility. Third: Evaluate accessibility options within a preservation context. 1. Review the Historical Significance of the Property If the property has been designated as historic (properties in or eligible for listing in the National Register of Historic Places, or designated as such under state or local law), review its nomination file to learn about its significance. Supplement the documentation review with physical investigation to identify which character-defining features and spaces must be modified. Architectural Access to Historic Properties 89 Also, identify secondary spaces, finishes and features of less importance to the historic character; these generally may be altered without jeopardizing the property's historical significance. It is often possible to modify non-significant spaces, secondary pathways, later additions, previously altered areas, utilitarian spaces and service areas without threatening or destroying a property's historical significance. 2. Assess the Property's Existing and Required Level of Accessibility A building survey or assessment provides a thorough evaluation of a property's accessibility. People with disabilities should be included in building assessments. Such surveys or assessments should identify accessibility barriers including, but not limited to: building and site entrances, ramp and walkway surface textures, widths and slopes of ramps and walkways, parking, grade changes, size and weight of doors, configuration of doorways, interior corridors and path of travel restrictions, elevators, public restrooms and amenities. Review all applicable accessibility requirements — state codes, local codes and federal laws — before undertaking any accessibility modification. Many states and localities have their own accessibility regulations and codes (each with its own requirements for dimensions and technical requirements). Use the most stringent accessibility requirements when implementing modifications. 3. Identify and Evaluate Accessibility Options within a Preservation Context Once owners have identified a property's significant materials and features and established both existing and required levels of accessibility, solutions can be developed. Solutions should provide the greatest accessibility without threatening or destroying the materials and features that make a property significant. All proposed changes should conform to the Department of the Interior's "Standards for the Treatment of Historic Properties," which was created to guide property owners' preservation work. Owners may phase in modifications over time and can consider interim solutions. A team comprising older adults and people with disabilities, "Accessibility and respect for the integrity of historic sites are important priorities. We had always dealt with these as separate issues until our recent renovation of Charleston's 1836 MacFarland-Hubbard House, when suddenly, both were at the top of the agenda. Working with a dedicated team we found surprisingly simple solutions to creating accessibility by raising a back porch floor and re-grading the surrounding yard to create an effectively invisible wheelchair ramp." Ken Sullivan, Executive Director, West Virginia Humanities Council 90 Chapter 4 accessibility and historic preservation professionals and building inspectors should consult on the development of accessibility solutions. Priorities for Modifications to Improve Accessibility First: Make accessible the main or a prominent public entrance and primary public spaces, including a path to the entrance. Second: Provide access to goods, services and programs. Third: Provide accessible restroom facilities. Fourth: Create access to amenities, secondary spaces and emergency egress. Accessibility Solutions The goal in selecting appropriate solutions for specific historic properties is to provide a high level of accessibility without compromising significant features or the overall character of the property. Consider all of the historic property's components. Primary Public Entrance Entrances Access to historic buildings should be through a primary public entrance. If this cannot be achieved without permanent damage to character-defining features, the owner should make at least one entrance used by the public accessible. Directional signs at all inaccessible entrances should direct visitors to the accessible entrance. Possible modifications to create an accessible entrance include re-grading an entrance, incorporating ramps, retrofitting doors, altering door thresholds, adapting door hardware, converting an existing window to a new entrance or, as a last resort, installing wheelchair lifts. Entrance with Re-graded Landscape Architectural Access to Historic Properties 91 Historic Interiors Primary spaces are often more difficult to modify without changing their character. Generally, secondary spaces may be changed without compromising a building's historic character. Signs should clearly mark the route to accessible restrooms, telephones and other accessible areas. Some modifications that may help create access to interior spaces without changing their character include installing ramps, upgrading elevators, modifying interior stairs and retrofitting doorknobs. Building Amenities Some amenities, such as restrooms, seating, telephones, water fountains and counters may contribute to a building's historic character. They often will require modification to improve their use by people with disabilities. In many cases, supplementing existing amenities, rather than changing or removing them, will increase access and minimize changes to historic features and materials. New Additions New additions create opportunities to provide access for older people and individuals with disabilities by incorporating modern amenities such as accessible entrances, elevators, ramps, restrooms, food service areas and gift shops. Consider the location carefully so that it is near parking and connected to an accessible route. New additions can increase accessibility and reduce the level of change to historic features, materials and spaces. Programmatic Access "Programmatic access" for historic properties refers to alternative methods of providing services, information and experiences when physical access cannot be provided. It may mean offering an audio-visual program or computerized virtual tour showing an inaccessible upper floor of an historic house museum, providing interpretive panels from a vista or overlook at a terraced garden or creating a tactile model of a historic monument for people who are blind or have low vision. New Addition 92 Chapter 4 Making Historic Landscapes Accessible The planning process for incorporating access into historic landscapes is similar to that of other historic properties. Undertake careful research and inventory to determine which materials and features convey the landscape's historic significance. Identify features that are character defining, such as topographical variation, vegetation, circulation, structures, furnishings and objects. Document and evaluate historic finishes, details and materials that contribute to a landscape's significance before determining an approach to landscape accessibility. For example, understand all aspects of the pedestrian circulation system including walk width, aggregate size, pavement pattern, texture, relief and joint details. Note the context of the walk, including its edges and surrounding area. Additionally, identify areas of secondary importance, such as altered paths — especially those where the accessibility modifications will not destroy a landscape's significance. Identifying those features that do or do not contribute to accessibility is essential in developing a sympathetic circulation pattern. After assessing a landscape's integrity, consider accessibility solutions. When a landscape is uniformly steep it may be possible to make discrete portions of the historic landscape accessible. For example, viewers may experience the landscape from selected vantage points along a prescribed pedestrian or vehicular access route. Define this route by considering the interpretive value of the user's experience: does the route provide physical or visual access to areas that are critical to understanding the meaning of the landscape? Architectural Access to Historic Properties 93 Accessibility and Historic Properties "ADA: A Self-Guided Training Course for Historic Preservation Commissions" National Alliance of Preservation Commissions Post Office Box 1605 Athens, GA 30603 (706) 542-0156 voice (706) 583-0320 fax napc@arches.uga.edu www.arches.uga.edu/~napc/ "Preserving the Past and Making it Accessible for People with Disabilities" "Accessibility Checklist for Historic Properties" "Secretary of the Interior's Standards for the Treatment of Historic Properties" National Center for Cultural Resources Stewardship & Partnership Programs Heritage Preservation Services, National Park Service 1849 C Street, NW, NC330 Washington, DC 20240 (202) 343-9583 voice hps-info@nps.gov www2.cr.nps.gov/ www2.cr.nps.gov/freepubs.htm "Accessibility and Historic Preservation: Entrances to the Past" This is a VHS video that can be obtained with closed or open captioned. Historic Windsor, Inc. PO Box 1777 Windsor, VT 05089-0021. (802) 674-6752 voice/TTY histwininc@valley.net www.historicwindsor.com/about hwi.htm 94 Chapter 4 Parks, Recreational and Outdoor Facilities National Center on Accessibility The National Center on Accessibility (NCA) is a program of Indiana University in cooperation with the U.S. National Park Service. NCA provides technical assistance to organizations of all sizes who are designing and retrofitting leisure areas, park facilities and programs for accessibility. The NCA conducts, promotes and facilitates research on issues essential to accessibility and conducts educational programs through out the United States. National Center on Accessibility Indiana University 2805 East 10th Street, Suite 190 Bloomington, IN 47408-2698 (812)856-4422 voice (812)856-4421 TTY www.ncaonline.org "Forest Service Outdoor Recreation Accessibility Guidelines" USDA Forest Service Accessibility Program P.O. Box 96090 Washington, D.C. 20090-6090 (202) 205-8333 voice www.fs.fed.us/recreation/programs/accessibility/ Vi'v/,''. Paper Mill Playhouse, Millburn, NJ: Sign language interpreter Jolinda Greenfield for "Dreamgirls" CHAPTER 5 Effective Communication and Program Access Five Steps to Effective Communication This chapter looks at auxiliary aids and services that provide effective communication and make programs inclusive, enjoyable and accessible to everyone. In addition to physical access to programs, arts and humanities organizations must provide access to the content of their programs for audiences, instructors, artists, interns, participants, staff, docents, visitors, patrons and volunteers. Everything the organization produces or presents must be accessible, including exhibitions, lectures, films, videos, interactive computer displays, plays and concerts, as well as the materials about the programs — catalogues, labeling, scripts, libretti, brochures, maps and publicity. Effective communication allows people with disabilities that affect their hearing, vision, speech and cognition to participate in services, goods and programs. Auxiliary aids and services include a wide range of communication techniques and devices. Keep in mind the five steps to achieve effective communication: First: Understand that there is no "one-size-fits-all" solution. Second: Explore ways to accommodate the diverse needs of each population. Third: Be prepared with well thought-out policies and procedures for accommodating the diverse needs of each population. Fourth: Train all staff and volunteers who come in contact with the public to be knowledgeable about auxiliary aids and services. Fifth: Inform the public about auxiliary aids and services through signage, advertising, Web sites and other means available. 98 Chapter 5 For People Who Are Blind or Have Low Information regularly provided in visual formats must also be available in alternate formats. The "blind community" is not one large homogeneous group. People who are blind, legally blind or have low vision have a range of sight and loss of sight. Some people are blind from birth while others become blind later. People may have reduced or limited vision because of loss of visual acuity as they age. This diversity is reflected in the variety of possible ways to make visual information accessible. Audio Describer in Booth Patron Using Audio Description Jtt»)) Audio and Video Description Audio description and descriptive video provide concise, objective descriptions of the settings, costumes, action, physical appearance and body language of the characters in a play, film, video or television program or the size, shape, colors, textures, composition, subject and content of visual art or other exhibited materials. Describers undergo extensive training to attain proficiency. Not everyone has the skills or qualities to be a good describer. For example, describers are trained to slip descriptions in-between lines of dialogue. They also avoid qualitative judgments. A well-trained describer would not say, "He is angry," or "She is sad." Rather, they would say, "He's clenching his fist," or "She is crying." Audio description for performances and tours is usually delivered live and transmitted to listeners via infrared or FM assistive listening devices. Audio description for museums and exhibits is usually pre-recorded and available to visitors on audiocassette or via random access digital playback systems. Video description is pre-recorded and, in the case of recorded television programs, videotapes and DVDs (Digital Video Discs), is available on television with a SAP (second audio program). Broadcasts of live events, such as parades, are described live. Description for films can be recorded or delivered live. Effective Communication and Program Access 99 Audio Alternatives for Print Some people who are blind or have low vision cannot read braille or large print and find recorded information more useful. Also instances exist where some people with motor impairments or learning disabilities cannot use traditional print and prefer hearing information rather than reading it. A braille or large print version of label text might be too cumbersome to carry around a historical exhibit. Text information can be provided via audiocassette tapes and other technologies such as random access digital playback systems or FM/infrared systems. In museums and exhibitions, locate listening stations with speakers, handsets or earphones adjacent to printed information (explanatory information, legends, labels, etc.) to provide prerecorded playback of the printed materials. Braille Braille is a system of touch reading that employs embossed dots evenly arranged in cells. In each cell, it is possible to place six dots, three high and two wide. Not all people who are blind or have low vision read braille, but those who do will benefit from receiving print materials in this format. Studies over the past three decades agree that 80,000 to 85,000, or eight percent, of people who are blind in the United States use braille for reading. The six dots of the braille cell are arranged and numbered: 11 21 3< »4 '6 a c e f g ■ ■ " j An experienced person using a braille writer, a mechanical device similar to a typewriter, can produce single copies of braille. A more k I U V m w n p q r S t Capital Number Period Comma 2 Sign Sign • • • • The capital sign place before a letter or word capitalizes it. The number sign place before letters a through j makes numbers 1 through 0. 3raille Alphabet efficient method is to use a computer ## ; # •• ## # ; # j m .• •• with specialized braille software and a printer called an embosser. With training, someone who has minimal knowledge of braille can format and translate simple text documents into braille using this system. If purchasing the software and printer are beyond an organization's financial resources, contact state or local organizations for people who are blind or have low vision for recommendations on local resources to produce braille materials. Always have braille material and signs checked by an experienced braille reader. 100 Chapter 5 Computers, Web Sites and E-mail Computer technologies are essential tools of communication in our daily lives. The Internet, e-mail and Web sites are used for information, points of sales, educational tools, and are an integral part of the workplace. The arts and humanities must be committed to making sure that these tools are accessible. If an organization uses the Internet or its Web site, for example, to provide information or sell tickets, it cannot exclude people with disabilities. There are many ways in which technology has been adapted for people who are blind or have low vision as well as people with limited mobility. Most commonly, screen reading software "reads aloud" the text information displayed on the screen — a word processing document, a Web page, an e-mail message. A touch screen on a computer-enhanced display with a lot of text might have an option for "sound off" or "sound on" so that an individual could opt to hear what others see and read on the screen. Web sites can be designed with built-in accessible features. Large Print Large Print Many people who are legally blind or have low vision can read large print. Large print documents are easy to produce using a scaleable, non-italic, sans serif font (such as Helvetica or Arial) in 14 to 18 point size with a space and a half between lines. For effective exhibit labels and displays, print should be a minimum of 24 points or larger, depending upon the distance from which people must read the print. This is 12 point Helvetica type. This is 14 point Helvetica type. This is 16 point Helvetica type. This is 18 point Helvetica type. This is 24 point Helvetica type. Helvetica Type Font Sizes "It is not, in my view just straight-forward access to objects that is important but the whole experience. There is no substitute for exploring the size, shape and smell say of a steam locomotive, the layout of a castle or the shape, the size and intricacy of a carved wooden panel, the sounds of a creaking wooden floor or handling a nautilus shell." Ken Howarth, Heritage Recording, United Kingdom Effective Communication and Program Access 101 A 70 percent minimum contrast (black on white is 100 percent), between the print and the paper is critical for best results. Avoid using bright or glossy white paper because it produces glare, or the enlargement option on a photocopier, which usually yields inconsistent and distorted font sizes and blurry copies. Readers If braille or recorded materials are not available, designate someone to read information aloud to people who are blind or have low vision. This is usually effective for short meetings, such as a panel meeting or review session, if the material to be read is not lengthy. Tactile Materials Tactile materials, raised line drawings and diagrams, models and maps, such as scale models of buildings, exhibit layouts or stage settings provide orienting information to someone who is blind or has low vision. Organizations can use models to reproduce objects, artifacts and exhibit pieces that are too large, too delicate, too old or too valuable to handle. Consider the following when creating tactile maps, models and reproductions: • Size • Original textures • Shape • Detail • Scale • Orientation Another matter to consider when producing touchable materials is to select items that convey the complex theme of the exhibit or environment. For instance, if the exhibit is about quilts, but a doll happens to be in the exhibit, providing touchable quilts, rather than replicating the doll, might be more appropriate. The key is to avoid random object availability. Involve the curator in selecting tactile items that are significant. "If touching weren't such a good thing, they wouldn't have to put up all the signs that say 'Don't touch.'" Ray Bloomer, Director of Education & Technical Assistance, National Center on Accessibility 102 Chapter 5 Try to incorporate tactile experiences as a part of the general environment or exhibition. Signage and placement of items indicate what may or may not be touched. Many visitors will benefit from tactile experiences — those who are blind or have low vision, have different learning styles and learn from touching and handling things. Touch Tours Touch tours may be developed to enhance the experience of visitors and patrons who are blind or have low vision. Plan the tour so that the visitor has the opportunity to experience things that represent the central themes of the exhibit or environment. Train docents and tour guides to give clear and concise descriptions along with providing tactile and other sensory experiences. For People with Hearing or Speech Disabilities People who are deaf or hard-of-hearing have a range of hearing loss. Some people are congenitally deaf while others lose their hearing later in life. The diversity of this community is reflected in the variety of ways available to make audible information accessible. Many communication access improvements are inexpensive and easy to implement. Useful communication tools may be as simple as providing paper and pencil for writing brief messages. Include a specific person for whom the organization will be providing communication aids, such as an employee or a conference attendee, in determining the type of auxiliary aid that will provide the most effective communication. Assistive Listening Systems Assistive listening systems (ALS), in most cases, must be provided for assembly areas where audible communication is integral to the use of the space (concert and lecture halls, live theaters, movie theaters, "Advances in technology have ... contributed to the arts by making communications, documentation and production tasks easier to perform. Computer software including computer-aided design, three-dimensional modeling, graphic design, authoring software (in all disciplines), programmed learning, distance learning, the Internet, voice-recognition and voice synthesis systems, as well as other forms of computer and telecommunications technology have provided incredible new opportunities for people with all types of disabilities to be creative and to communicate more effectively." Ron Mace, architect, FAIA Effective Communication and Program Access 103 meeting rooms). Accessibility standards require permanently installed systems if (1) an assembly area accommodates at least 50 persons or has an audio-amplification system, and (2) has fixed seating. Other assembly areas may permanently install an ALS or provide a portable system. The minimum number of receivers available must be equal to four percent of the total number of seats, but not less than two receivers. Signage must tell patrons that a listening system is available. (ADAAG 4.1.3) An assistive listening system (ALS) minimizes background noise, reduces the effect of distance and overrides poor acoustics. There are three basic types of ALS technologies: audio loop, FM systems and infrared systems. Assistive Listening System Available Please Ask at Ticket Window Sign for ALS ? fc\ \ Headset CCr Receiver Looped Area (Antenna) Microphone J Mixer/Amplifier Loop dset \ Receiver • Audio loop systems work by transmitting an electromagnetic field to a receiver or directly to an individual's hearing aid. These are often used in small classrooms, lecture halls or conference rooms. The audio loop is usually a permanently installed system. • FM systems work by transmitting radio waves to receivers. They are commonly used in classrooms, movie and live theaters, large arenas and convention halls. FM systems can be portable or permanently installed. • Infrared systems work by transmitting sound via light waves to receivers worn by users. They are commonly used in courtrooms, movie and live theaters, convention halls and lecture halls. Infrared systems can be portable but tend to be permanently installed. The receivers worn by the user must have an output jack to accommodate attachments such as monaural or binaural earpieces, induction neck loops and cochlear implant adapters. The type of attachment required by individuals depends on the severity of their hearing loss and whether they want to use Transmitter with Antenna Microphone Mixer/Amplifier FM Microphone Emitter (modulator) Mixer/Amplifier Infrared Assistive Listening Systems 104 Chapter 5 the receiver with or without their hearing aid. Provide an assortment of attachments so that patrons may choose the options that best suit them. The same equipment used for an assistive listening system may be used to provide audio description for people who are blind or have low vision. Multi-channel versions of these systems can also be used to deliver simultaneous translations from one language into multiple languages, or one channel could be used for an ALS and another channel used for audio description. Captioning Captioning is the visual display of spoken material. Captioning should also identify who is speaking and indicate non-verbal cues such as sound effects, laughter and music. Individuals who are deaf or hard-of-hearing, who do not know sign language and cannot use assistive listening systems will benefit from captioning. oc Open Captioning is always visible, preferred by most people and much more user-friendly. With open captioning there are no buttons to push and it is less likely to be subject to technical difficulties and mechanical breakdown. Open captioning also benefits children learning to read, people learning English as a second language, as well as the general public in a noisy environment. Closed Captioning allows the display of captions to be either on or off. Closed captioning is frequently used for television broadcasts, videotapes and DVDs. Cultural organizations often use closed captioning for video presentations with a sign next to the video display stating, "Press the button to view this video with captioning." Welcome to the panel on the Humai CART Set-Up Effective Communication and Program Access 105 Computer-Aided Realtime Reporting (CART) Captioning for live performances, lectures, presentations and meetings is sometimes called CART or Computer-Aided Realtime Reporting. Technology changes rapidly, but current CART uses technology developed for the courtroom. Realtime reporters type in a shorthand that specialized computer software instantly translates into full English words and sentences. Then a video monitor, projection screen or LED sign displays the text almost simultaneously. In a small meeting where the system is used by only one individual all that is needed is a laptop computer or two laptops linked together so that what is being typed on one shows up on the screen of the other. Sign Language People who are deaf or hard-of-hearing use a variety of communication methods. Many people who are deaf or who lose their hearing use American Sign Language (ASL) and are very proud of the deaf culture that accompanies the use of ASL. American Sign Language is a complete language, with its own grammatical structure and syntax. Other communication methods include Cued Speech, Manually Coded English, Pidgin Sign English (PSE) and Signed Exact English (SEE). Someone who knows and understands ASL may not understand SEE or Cued Speech and vice versa. Other deaf or hard-of-hearing individuals may use speechreading (commonly known as lipreading). To ensure effective communication, consult the person who is deaf or hard-of-hearing on their preferred method. Interpreters People who are deaf or hard-of-hearing may request interpreting services to ensure full participation in events, meetings and conversations. Interpreters will interpret between spoken English and American Sign Language (ASL), Manually Coded English, or Cued Speech. Several interpreters may be needed for long programs. The average time a person can comfortably interpret is about 45 minutes. Most interpreters in lecture, workshop and meeting situations work in teams of two and trade places every 20 minutes. In a theatrical or performance setting, two or more interpreters typically work at the same time to convey a sense of dialogue between characters. 106 Chapter 5 /l Good, direct, nonglare JjS light on interpreter Provide a neutral backdrop behind interpreter approximately 12 feet wide ^ Good, direct, nonglare light on interpreter Provide a neutral backdrop behind interpreter approximately 12 feet wide Interpreter Positions A common location for an interpreter in a classroom, meeting or lecture is at the end of the speakers' table or beside the speaker. In a theatrical setting the best placement of interpreters will vary depending on the performance and the size and shape of the theater. Illuminate the interpreter with light focused on the interpreter's face and upper body and angled to reduce the amount of shadowing on the interpreter's face. To assure the availability of a qualified interpreter, request the service as soon as the meeting or event is scheduled. Interpreter fees vary from region to region. Interpreters usually charge by the hour with a two-hour minimum; sometimes they will negotiate a flat fee, especially for theatrical or performance interpreting. A word of caution: someone who knows sign language, but is not a certified or qualified interpreter may not adequately translate, the message or provide effective communication. Speechreading and Oral Interpreters Speechreading (often called lipreading) is the ability to perceive speech by watching the movements of a speaker's mouth; observing all other visible clues including facial expressions and gestures; and using the context of the message and the situation. According to the National Association of the Deaf, on the average, even the best speechreaders only understand 25 percent of what is said. Do not assume that someone can speechread. To effectively speechread, however, individuals must have an unobstructed, well lit view of the speaker's face. Speechreading is most effective one-on- one. It is not effective in group situations, at large meetings or where the speechreader is seated or standing far away from the person speaking. People who speechread may ask to be seated close to the speaker or the stage to improve their ability to understand what is being presented. Some speechreaders use oral interpreters who use clear articulation, facial Effective Communication and Program Access 107 expressions and natural gestures to silently mouth the speaker's words, conveying both the message and the emotion. TTYs TTYs are text-based telephones used by people with hearing or speech disabilities to communicate with other TTY users. The first text telephones were teletypewriters, hence the nickname "TTY." Today's TTYs are small, lightweight electronic devices with a keyboard, a visual display and/or a printer connected to a telephone line. TTY and TTY Hooked Up Equip ticket offices with a TTY so that patrons who are deaf or hard- of-hearing may call to order tickets or get information. Advertise the TTY number along with other ticket office numbers. If there are public phones available, these should not only be wheelchair accessible, but there should also be provisions made for the public to have access to a TTY. There are specific requirements in the Americans with Disabilities Act Accessibility Guidelines (ADAAG) for the number of public TTYs required and phones requiring amplifiers or individualized volume controls when there are public pay phones available (ADAAG 4.1.3). Telecommunication Relay Services Telecommunication Relay Services allow a person using a TTY to communicate with someone who uses a voice telephone by calling through a relay operator. A trained operator speaks the words typed by a TTY user and types the words spoken by a voice telephone user. Because of the low cost of a TTY and the efficiency and desirability of one-to-one communication, cultural organizations that conduct a high volume of business by phone or who have staff or volunteers who are deaf, should consider making themselves directly accessible through TTYs rather than relying on relay services. After October 1, 2001, dialing 71 1 anywhere in the United States will connect the caller to a relay operator who will place a voice or TTY call for the caller. 108 Chapter 5 Telephone Amplifiers Many telephones come equipped with a volume control switch or amplifier. When requested, local telephone companies can install amplification devices on pay phones. Portable amplifiers for individual use are also available. For People with Cognitive Disabilities The most important service is to provide clear information. People with cognitive disabilities especially appreciate the use of graphic symbols, color and other supplements to clarify the meaning of verbal information. For example, illustrations next to written instructions are easier to comprehend by someone who does not read well and also can be useful to foreign language speakers. Train all staff and volunteers to provide information clearly and to have patience with people who might not understand the first way it is presented. Environment Some people who have developmental or cognitive disabilities may be extremely sensitive to the environment around them. Environments that are too noisy or have too much activity may cause the individual to lose focus or become distracted. Creating areas or zones that are quieter and have fewer visual distractions may enhance some visitors' ability to appreciate an exhibit, presentation or activity. Flexibility and Language Adapting to the needs of the individual visitor or patron is important. If someone has difficulty understanding or appears distracted, try a different way of presenting the information. These tips may help: Focus on one topic. Keep remarks short. Show or demonstrate instead of giving detailed verbal or written descriptions, directions and information. Rephrase, simplify or break down concepts into smaller components if necessary. Make associations with already familiar ideas and objects. Provide objects that people can touch and that appeal to as many senses as possible. Use pictures and other visual aids. Inform people before transitions to a new location or program. Respond to interest or lack of it. Effective Communication and Program Access 109 Pictures Pictures can often supplement or substitute for written material. Many ideas can be explained more clearly if accompanied by illustrations. Signs for restrooms, telephones and first aid should use standardized pictographs or symbols. 110 Chapter 5 Braille and Large Print National Library Service for the Blind and Physically Handicapped (NLS) Library of Congress 1291 Taylor Street, NW Washington, DC 20542 (202) 707-5100 voice I (202) 707-0744 TTY j (800) 424-8567 voice www.lcweb.loc.gov/nls/ "Making Text Legible: Designing for People with Partial Sight" "Effective Color Contrast: Designing for People with Partial Sight and Color Deficiencies" Lighthouse International Arlene R. Gordon Research Institute 1 1 1 East 59th Street New York, NY 10022-1202 (212) 821-9200 voice (212) 821 -971 3 TTY (212) 821-9707 fax (800) 829-0500 voice www.lighthouse.org Preparing Tactile Materials Tactile Access to Education for Visually Impaired Students (TAEVIS) 1149 South Campus Courts, Building E Purdue University West Lafayette, IN 47907-1149 (765) 496-2856 voice (765) 496-3423 fax taevis@purdue.edu www.taevisonline.purdue.edu National Centre for Tactile Diagrams University of Hertfordshire Hatfield, Herts, AL10 9AB, UK 44 1707 286 348 voice 44 1707 285 059 fax www.nctd.org.uk Effective Communication and Program Access 111 Web Accessibility The World Wide Web Consortium (W3C) Web Accessibility Initiative W3C has established guidelines for accessible Web sites. World Wide Web Consortium Massachusetts Institute of Technology Laboratory for Computer Science 200 Technology Square Cambridge, MA 02139 (617) 253-2613 voice (617) 258-5999 fax www.w3.org Assistive Listening Devices Self Help for Hard of Hearing People, Inc. (SHHH) National Office 7910 Woodmont Avenue, Suite 1200 Bethesda, MD 20814 (301)657-2248 voice (301) 657-2249 TTY (301) 913-9413 fax national@shhh.org www.shhh.org Technical Assistance Bulletins The Access Board has three technical bulletins on assistive listening systems — one for consumers, one for installers and one for providers. Access Board 1331 F Street, NW, Suite 1000 Washington, DC 20004-1 111 (202) 272-5434 voice (202) 272-5449 TTY (202) 272-5447 fax (800) 872-2253 voice (800) 993-2822 TTY info@access-board.gov www.access-board.gov/publications/9-als/index.htm 112 Chapter 5 "Assistive Listening Devices for People With Hearing Loss: A Guide for Performing Arts Settings" The John F. Kennedy Center for the Performing Arts 2700 F Street, NW Washington, D.C. 20566-0001 (202) 416-8727 voice (202) 416-8728 TTY access@kennedy-center.org www.kennedy-center.org/accessibility Computer-Aided Realtime Reporting (CART) National Court Reporters Association Contact local court reporting agencies, interpreting agencies or other organizations serving people who are deaf or hard-of-hearing. National Court Reporters Association 8224 Old Courthouse Road Vienna, VA 22182-3808 (703) 556-6272 voice (703) 556-6289 TTY (703) 556-6291 fax (800) 272-6272 voice msic@ncrahq.org www.ncraonline.org Association of Late-Deafened Adults (ALDA) 1 145 Westgate Street, Suite 206 Oak Park, IL 60301 (877) 348-7537 voice/fax (708) 358-01 35 TTY www.alda.org Sign Language Interpreters Registry of Interpreters for the Deaf Certification means that an interpreter was evaluated according to the National Evaluation System for Interpreters. This certification guarantees an interpreter's signing skills. The Registry of Interpreters for the Deaf issues an annual "Regional Directory of Services for Deaf Persons" that lists all services available to people who are deaf including a roster of certified interpreters. Registry of Interpreters for the Deaf 8630 Fenton Street, Suite 324 Silver Spring, MD 20910 (301)608-0050 voice/TTY (301) 608-0508 fax www.rid.org Heard Museum. Phoenix, AZ: Sculpture by Michael Naranjo. visitor Charlotte Davis CHAPTER 6 Accessibility in Arts and Humanities Activities Humanities and arts organizations face new challenges and opportunities in accessibility as we use the Internet, move outside traditional spaces and experiment with representing our culture. In surveying a cultural program, concern focuses on its location and content. This chapter addresses many situations and issues that are common to the arts and humanities. Administrators of arts and humanities programs must address three common issues: 1. Ensure that all programs, activities and events are accessible to everyone, not just the audience and visitors. Traditionally, the focus of accessibility has been on the audience, patron or visitor when, in fact, people with disabilities are also involved with the organization as staff, board and panel members, designers, volunteers, applicants, performers, writers, teachers, technicians, docents, artists and administrators. Do not limit accessibility issues and efforts to the front-of-house or to public areas. 2. Carefully evaluate each facility and activity for accessibility in cooperation with knowledgeable individuals with disabilities. Routinely survey and evaluate all facilities and activities to ensure accessibility. Consult access advisory committee members: people who use wheelchairs (manual and electric), scooters, crutches or walkers; someone who is blind or has low vision; someone who is deaf or hard-of-hearing; and someone who has a developmental disability, a learning disability or other cognitive disability. Each individual has a unique perspective and helps to ensure a comprehensive view of the facilities and programs. 116 Chapter 6 3. Make certain that knowledgeable individuals with disabilities help with designing and reviewing all policies, procedures and practices. Clearly thought-out policies and procedures go hand-in-hand with well constructed accessible programs, effective communication and physical access. Plainly stated policies and procedures help staff members and volunteers carry out an organization's plan. For example: an organization has installed an assistive listening system in the auditorium, a space normally used to show a video documentary and occasionally used for a small lecture series. The new policy will state, "Whenever there is programming of any kind in the auditorium, the assistive listening system will be turned on and be available for use." The new procedures will include activating the system whenever the video is shown, making sure the system is set up and running during lectures or other events, having the assistive listening receivers properly maintained (clean earpieces, fresh batteries) and handing out the receivers from the information booth just outside the auditorium, starting a half hour before each event. Accessibility in Arts and Humanities Activities 117 Museums, Exhibitions and Visual Arts Display Cases People of short stature or who use various mobility aids (scooters, wheelchairs, canes and walkers) as well as people who have low vision must be able to approach and comfortably view the contents and labels of display cases whether they are wall-mounted or free-standing. An accessible route should allow visitors to get close to the display and provide clear floor space (minimum of 30 inches wide by 48 inches long) beside each display. Display Case Short Display Case Tall museum sitemap 54" 54" 36" max Display Case Wall Mount Tactile Display The top of free-standing display cases with pedestal bases or legs should be 33 to 40 inches above the floor. If, however, one must look into the case to see an object such as an open book or the inside of a bowl, the top of the display case must be no more than 36 inches above the floor. A display case on legs must have a cane-detectable barrier no higher than 27 inches above the floor. 118 Chapter 6 Labels Pay careful attention to making labels legible. Take into consideration placement (distance from the reader), type size, fonts and contrast. Type size varies depending on the distance from which the label will be read. Fonts should be sans serif, such as Arial or Helvetica, with easily recognizable characters. Contrast between the typeface and its background should be strong. Although black on white provides the highest possible contrast, avoid "bright whites" that produce glare. Consider alternative methods to deliver label information to people who do not read traditional print. Guides and docents may read label information as they give tours, or random-access digital playback devices can provide audio access to label text or other printed information that accompanies exhibits. Comfortable Viewing Zone Both standing and seated people are comfortable viewing large print from 19 inches away when it is between 48 and 67 inches above the floor. Centering signs and labels at 54 inches above the floor works well. Sighted people can generally read 5/8 inch letters with good contrast at a distance of more than six feet. Sighted people can read smaller type sizes customarily used in exhibition displays at a distance of four feet if the material is printed in maximum contrast. Comfortable Viewing Zone Accessibility in Arts and Humanities Activities 119 Lighting For many individuals, poor lighting can make an exhibit completely inaccessible. Be sure that lighting is adequate and avoid abrupt changes in lighting levels and colors. Place lighting instruments carefully so that reflections and glare do not obscure objects whether the visitor is standing, seated or of short stature. Keep shadows off artwork, labels, display cases, objects and pathways. Provide photographs, illustrations or copies of items that are too fragile to be exposed to strong lighting. Alternate Formats and Exhibit Content Make catalogues, brochures, programs and other print materials available to people who do not use traditional print. A variety of alternate formats exist, such as audiocassette tapes, the Internet, computer disks, large print or braille. Make any visual content audible and vice versa. Videos should have both captioning and audio description. Written versions of audio tours should be available. Make content and educational programming accessible to people with different kinds of learning styles. Tactile Components Include tactile components in exhibits. Contemporary but real artifacts (for example, pieces of hand-woven cloth) or reproductions and models add immensely to all visitors' comprehension and understanding. Build small scale models of large objects such as dinosaurs, ships' hulls or tombs. Make these tactile items available to everyone by building them into an exhibit, or include them in a kit that museum staff members or docents use for general visitor education. Work with curators to make reasonable decisions about which objects may be touched and how. Think about participatory exhibitions as a regular feature of a museum or exhibit. Appeal to people's senses — through touch, hearing, sight and smell. These multi-sensory experiences can enhance the experience for everyone. Equipment and Controls Controls and switches should not require pinching, grasping or fine motor control to operate. Follow the closed-fist standard — a person with a closed fist should be able to use the object or control. To test the standard, try turning a round doorknob, pushing a lever, typing on a keyboard, switching on a light, grasping a handle or operating a touch-screen with fists closed. 120 Chapter 6 Acceptable « push button toggle Best rocker touch panel Controls and Switches Examine interactive exhibits and activities to ensure that individuals with a range of abilities can operate all controls. The controls must be within reach of a person who is short or seated. Operable parts should be placed between 15 inches and 48 inches from the floor. Controls or switches should be easy to reach and easy to find. If necessary, relocate the control or add a second switch. Controls and interactive exhibits that give feedback should be both audible and visual. For example, if identifying the right answer on a quiz causes a bell to ring, also include a visual cue such as a blinking light. Tours In general, the areas, items and information included in tours should be available to everyone. Docents and tour guides should receive ongoing training on how to interact appropriately and how to offer assistance to people with disabilities or older visitors. Invite people with disabilities from the community and/or advisory committee to talk to docents and tour guides about basic disability etiquette, how to communicate, and "what to do" and "what not to do" in order to make everyone feel more comfortable. Tour Route The tour route should meet all the requirements for an accessible route or pathway. A person who uses a wheelchair should be able to get in and out of buildings, rooms, and sections, and move along the tour route without encountering steps, curbs, turnstiles, narrow doors, rough or uneven surfaces or other barriers. Include seating with armrests for people who walk with difficulty or tire easily. Design a flexible route so those who cannot complete the whole tour can easily return to the start or rest while others complete a segment of the route. The tour route must be well lit and free from hazards such as objects that protrude into the path of travel (display cases hung from walls), things that hang low overhead (tree branches or wall sconces), items that might trip people (wires or uneven changes in surface level) or other barriers that might be particularly dangerous. Docents Train docents and tour guides to orient people who are blind or have low vision to the spaces they will encounter along the tour by describing the size or dimensions of rooms, spaces and hallways. Clear concise descriptions Accessibility in Arts and Humanities Activities 121 of objects that highlight shape, size, texture and colors are also useful. A docent or guide can deliver a more formal audio description tour by memorizing or reading from a script. Visitors who are blind or have low vision may take self-guided tours by using an audio description tour on audiocassette or a random access digital playback system. Teach docents and tour guides to feel comfortable working with sign language interpreters. Remember to walk, stop and then talk. Face the individuals who are deaf or hard-of-hearing to facilitate speechreading. Give participants time to look at objects after the interpreter has finished interpreting the oral presentation. Portable assistive listening systems can also help people who are hard-of-hearing enjoy a tour. As a last resort, providing a printed copy of the tour script may help. Flexibility is an essential skill for a docent or tour guide. Applying the concepts mentioned above, not overloading people with more information than they can handle, and adapting content to the learning level of the participants makes a tour better for everyone. Guides should be flexible and patient, and avoid talking down to or patronizing visitors. Remember that showing and experiencing is frequently better than lecturing. Performing Arts and Lectures Ticket Office The ticket office is a place where communication is particularly important and where patrons frequently get their first impression of the organization. The ability to purchase tickets and obtain information must be available to everyone, whether face-to-face with ticket office staff at the window, over the phone, using a TTY or through the organization's Web site. Ticket Prices and Policies Free or reduced admission fees for people with disabilities are not required. There are several good reasons, however, to consider a discounted admission policy. One reason is to bring a new audience into the facility by giving people the opportunity to try a new experience with minimum financial risk. Further, people on fixed incomes, including retirees, appreciate discounted tickets. Another reason is to compensate for lack of equal access or limited choice. 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