Arts and Accessibility LCAA Protection and Advocacy April 25, 2019

Agenda Protection and Advocacy information Laws regarding persons with disabilities Physical Accessibility Program Accessibility Service Animals

P&A’s Charge To provide legally-based advocacy for persons with disabilities Seven federal grants PADD - PATBI PAIMI - PABSS PAIR - PAVA PAAT

Kentucky P&A Independent State Agency 18 Staff 7 attorneys 6 advocates 4 support staff Executive Director 2 Teams—Adult and Children & Youth

What Kentucky P&A Does Information and Referral Individual Case Representation Training Systemic Advocacy Legislative and Regulatory Activities

Laws that Affect Disability Section 504 of the Rehabilitation Act of 1973 Americans with Disabilities Act 1990 Amendments Act of 2008 Kentucky Civil Rights Act

Section 504 Prohibits discrimination on basis of disability by any entity receiving federal funds Includes many museums, theater programs, colleges & universities, and state and local programs

ADA AA Prohibits discrimination on basis of disability in: Employment (Title I) State & Local Government (Title II) Public Accommodations (Title III) Enacted in 1990 Title IV—Telecommunications for Deaf/HOH Generally, no exclusion, segregation or unequal treatment Public accommodations: restaurants, zoos, daycare, recreation facilities, stores, hotels Includes Physical access Reasonable modifications to policies, practices, procedures Effective communication

Kentucky Civil Rights Act Mirrors the definition of disability in Section 504 and the ADA Applies to places of public accommodation

Title III Public Accommodation Businesses usually open to the public 12 categories, including: motion picture house, theater, concert hall, stadium or other place of exhibition, or entertainment Auditorium, convention center, lecture hall, or other place of public gathering Museum, library, gallery, or other place of public display or collection

Section 504/ADA Elements Person has a disability Person is “otherwise qualified” Because of the disability, the person is being excluded from a program denied benefit of a program discriminated against

Definition of Disability Physical or mental impairment that substantially limits one or more major life activities Record of having a disability Is regarded as having a disability

Major Life Activities lifting caring for one’s self bending speaking breathing learning reading concentrating thinking communicating interacting with others working caring for one’s self performing manual tasks seeing hearing eating sleeping walking standing sitting reaching

Otherwise Qualified Capable of meeting the essential eligibility requirements for the program/activity with or without reasonable accommodations

Discrimination Exclusion Architectural or communication barriers Exclusionary qualification standards or criteria

Physical Accessibility 2010 ADA Standards for Accessible Design Effective March 15, 2012 Previously, 1991 Standards Safe harbor https://www.adachecklist.org/

Architectural Barriers Physical Accessibility Parking Entrances/exits Accessible routes Signs Bathrooms Drinking fountains Public phones Assembly Areas

Barrier Removal Must be readily achievable—easily accomplishable and able to be carried out without much difficulty or expense Look at structure and resources

Reasonable accommodations Accommodation must be individualized The individual needs of the persons with a disability should be met to the same extent as the needs of persons without disabilities Service animals in stores/restaurants Drivers’ license as ID Flicker rate on strobe light fire alarms

Common Accommodations Deaf and Hard of Hearing(HOH) Assistive listening devices American Sign Language Captioning/CART (Computer Assisted Real-time Translation) Blind Braille and Large Print Programs Audio Description

Defenses Fundamental alteration Undue burden Direct threat to health or safety of others

Service Animals Any dog individually trained to do work or perform tasks for an individual with a disability Tasks performed must be directly related to the individual’s disability Excludes the tasks of provision of emotional support, well-being, comfort or companionship

Service Animals Allowable questions: Is this a service animal? What tasks does the dog perform? Must have vaccinations/immunizations Must be kept under control and physical needs met Cannot be charged ticket price/pay fare

Remedies Internal Grievance Complaint to Federal Funding Agency OCR complaint—Section 504 DOJ complaint—ADA Federal Court actions

Kentucky Protection and Advocacy www.kypa.net Heidi.Schissler@ky.gov (800) 372-2988 (502) 564-2967