ADA 101: The ADA & Cultural Spaces Robin Jones, Director Great Lakes ADA Center University of Illinois at Chicago

Agenda O Discussion of the ADA as a Civil Rights Law/Background O Introduction of Panelists O Effective Communication O Reasonable Accommodation/Modification of Policy and Procedures O Architectural Access O Enforcement O Questions 2 Chicago Cultural Access Consortium

Shifting Paradigms 3 Moral Responsibility Charity Model Medical Model Civil Rights Chicago Cultural Access Consortium

How Far Have We Come? 4 From not being welcomed to…….. ….positive marketing Chicago Cultural Access Consortium

How Far Have We Come? 5 From no access……… …..to Universal Access Chicago Cultural Access Consortium

How Far Have We Come? 6 From no wheelchair seating…….. …to integrated seating. Chicago Cultural Access Consortium

How Far Have We Come? 7 From beggar……… ……to celebrity status

How Far Have We Come? 8 From clunky specialized technology to…..….to mainstream technology 1950’s era TTY iPhone Facetime Chicago Cultural Access Consortium

How Far Have We Come? 9 From volumes of Braille to……… ….handheld refreshable Braille device Chicago Cultural Access Consortium

How Far Have We Come? 10 From limited options…….. …..to unlimited possibilities Chicago Cultural Access Consortium

Americans with Disabilities Act

Purpose of the ADA O Prohibit discrimination on the basis of disability O Integration vs Segregation O Equality of Opportunity 12 Chicago Cultural Access Consortium

ADA Facts you should know…… O Based on Section 504 of the Rehabilitation Act O Same definitions, etc. O Applies to covered entities regardless of where their funding comes from O Exemptions: O Religiously controlled and operated entities O Tribal Entities (those with recognized treaties) O Private Clubs (those that meet the IRS definition) O Federal Government 13 Chicago Cultural Access Consortium

Main Titles of the ADA O Title I – Employment O Private employers with 15 or more employees O Public employers with 1 or more employees O Title II – Local and State Government Entities O Publicly owned and operated facilities -Theatres, Museums, Zoos, Parks, Convention Centers, etc. O Title III – Places of Public Accommodation O Privately operated facilities - Theatres, Museums, Zoos, Parks, Convention Centers, Restaurants, Retails stores, hotels, etc. Chicago Cultural Access Consortium14

Additional Titles O Title IV – Telecommunications O Telephone Relay Services O Publicly funded Public Service Announcements O Title V – Miscellaneous Provisions O Retaliation O Attorney’s Fees O Insurance O Etc. 15 Chicago Cultural Access Consortium

Today’s Panelists O Christena Gunther – Elmhurst Historical Museum O Evan Hatfield – Steppenworlf Theatre O Lynn Walsh – Chicago Children’s Museum O Philip Dawkins – Playwright 16 Chicago Cultural Access Consortium

What is Required? O Auxiliary Aids and Services/Effective Communication O Provide alternative formats of print materials O Braille O Large Print O Audio/Digital taped O Electronic format O Provide Different forms of communicating aurally and visually delivered information O Sign Language Interpreters O Real-Time Captioning O Assistive Listening Systems O Audio Description O Unless it would be a fundamental alteration or undue burden/hardship 17 Chicago Cultural Access Consortium

When is it Required O Advertisements/Promotions O Website/Electronic Communication O Fliers O Newspaper Ads O Radio Announcements O Social Media O Communication with the Venue O Telephone/Text O O Face-to-Face O Social Media Postings 18 Chicago Cultural Access Consortium

Technology Issues O Accessible Information Technology O Website and web based information /transactions O Social Media O Internet based applications and/or services O For Local/State Governments (Title II) O Part of the “programs” offered or method of delivery O For Places of public accommodation (Title III) O Service and/or a method of conducting business with the public O Pending regulations Chicago Cultural Access Consortium

What’s Required? O Accommodations/Modify policies and procedures to ensure equal access O Permit use of Service Animal O Accept State ID versus Drivers License O Consideration of seating due to disability (not just wheelchair seating) O Allow food or drink where otherwise not allowed O Allow use of other paths of travel to get to areas within the venue O Allow individuals to “do it differently” O Unless it would be a fundamental alteration or undue burden/hardship 20 Chicago Cultural Access Consortium

Alert : Ticketing Issues O 2010 ADA Regulation Changes O Availability O Same hours, methods, etc. O Pricing/Number of Tickets Sold O Sell up to 3 additional seat with wheelchair seat O Adjacent if possible (including w/c and companion seats) O Hold and Release O Hold w/c seats until all other sold in seating area O 2 nd Market Ticket Sales O Treat same as others – exchange for accessible if available O Fraud Prevention O Allow attestation to the need for accessible seating 21 Chicago Cultural Access Consortium

What is Required ? O Architectural Accessibility O Existing Facilities O Readily Achievable Barrier Removal O Little time and little expense O Priorities for Barrier Removal O Getting to the door O Getting around inside the building/facility O Restrooms O Other amenities (water fountain, alarms, etc.) O Obligation to remove barriers is on-going 22 Chicago Cultural Access Consortium

Architectural Access (con’t) O Historic Structures O Remove barriers unless they would destroy the historic nature of the building/element O Must be on local/state/national historic registry O Alternative options for access need to be identified O New Construction/Additions O New Standards – March 12, 2012 O All required features must be accessible O Alterations O Areas being altered must meet 2010 ADA Standards 23 Chicago Cultural Access Consortium

How Do I know if I am Accessible? O Governmental Entities O Self-evaluation plan O Review/modify policies and procedures as necessary O Transition Plan O Identify architectural barriers and remove as necessary to create access O Private Entities O Review facilities (or have someone else do it) to Identify architectural barriers O Remove if “readily achievable” O Create a “Plan” for removal if barriers require long term changes O Identify alternative methods of service delivery if architectural access cannot be achieved 24 Chicago Cultural Access Consortium

Tax Benefits O IRS Code 190: Architectural and Transportation Barrier Removal O Installing lifts on vehicles, restriping parking lots, widening doors, ramping entrances, signage, etc. O $15,000 Maximum/YR O IRS Code 44: Disabled Access Credit O Sign language interpreters/Captioning, assistive listening system, removing architectural barriers O Small Business - $1,000,000 or less gross revenue and/or 30 or fewer employees O $5,000 maximum/YR.50 on each $1.00 spent 25 Chicago Cultural Access Consortium

Enforcement O Local and State Government O U.S. Department of Justice or designated agency O O O Places of Public Accommodation O U.S. Department of Justice or designated agency O O O Individuals may file “Private Right of Action” against public and private entities (with exception of Employment) 26 Chicago Cultural Access Consortium

Intersection with Other Laws O Entities may be covered by both Section 504 and the ADA O Different enforcement mechanisms O Different Remedies O Local or State laws may be more “stringent” than the ADA or Section 504 O The law which provides the greater access to persons with disabilities prevails O Know your local/state laws! 27 Chicago Cultural Access Consortium

Thoughts to take away today…. 1. Learn the laws but do not let them limit you! 2. Laws are the starting point…..you and your agency can go beyond the minimum! 3. Never stop……creating an environment that is open and accepting of everyone requires constant diligence to maintain! 28 Chicago Cultural Access Consortium

Questions? Contact information: Chicago Cultural Access Consortium gmail.com Facebook 29 Chicago Cultural Access Consortium