ADA Access
ADA Amendments Act Becomes Law
The ADA Amendments Act (ADA-AA) of 2008 was signed into law in a White House ceremony September 25, 2008, after identical bills were passed by the Senate (unanimously, on September 11th) and the House (by voice vote, on September 17th). The law's effective date is January 1, 2009.
Notice Concerning The Americans With Disabilities Act (ADA) Amendments Act Of 2008
On September 25, 2008, the President signed the Americans with Disabilities Act Amendments Act of 2008 ("ADA Amendments Act" or "Act"). The Act makes important changes to the definition of the term "disability" by rejecting the holdings in several Supreme Court decisions and portions of EEOC's ADA regulations. The Act retains the ADA's basic definition of "disability" as an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. However, it changes the way that these statutory terms should be interpreted in several ways. Most significantly, the Act:
- directs EEOC to revise that portion of its regulations defining the term "substantially limits";
- expands the definition of "major life activities" by including two non-exhaustive lists:
- the first list includes many activities that the EEOC has recognized (e.g., walking) as well as activities that EEOC has not specifically recognized (e.g., reading, bending, and communicating);
- the second list includes major bodily functions (e.g., "functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions");
- states that mitigating measures other than "ordinary eyeglasses or contact lenses shall not be considered in assessing whether an individual has a disability";
- clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active;
- provides that an individual subjected to an action prohibited by the ADA (e.g., failure to hire) because of an actual or perceived impairment will meet the "regarded as" definition of disability, unless the impairment is transitory and minor;
- provides that individuals covered only under the "regarded as" prong are not entitled to reasonable accommodation; and
- emphasizes that the definition of "disability" should be interpreted broadly.
EEOC will be evaluating the impact of these changes on its enforcement guidances and other publications addressing the ADA.
Effective Date: The ADA Amendments Act is effective as of January 1, 2009.
Justice publishes notice of proposed rules for Title II and Title III of the Americans with Disabilities Act (ADA)
On June 17, 2008, the U.S. Department of Justice published concurrent notices of proposed rulemaking (NPRM) in the Federal Register in order to adopt enforceable accessibility standards under the ADA that are consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board. [Read More...]
ADA Access News
Holder Signs ADA Revisions
On Friday, July 23, 2010, Attorney General Eric Holder signed final regulations revising the Department's ADA regulations, including its ADA Standards for Accessible Design. These regulations will be published in the Federal Register. The revised regulations will amend the Department's Title II regulation, 28 C.F.R. Part 35, and the Title III regulation, 28 C.F.R. Part 36.
Appendix A to each regulation includes a section by section analysis of the rule and responses to public comments on the proposed rule. Appendix B to the Title III regulation discusses major changes in the ADA Standards for Accessible Design and responds to public comments received on the proposed rules. The Department's Final Regulatory Impact Analysis will be posted on this page as soon as it is available.
In general, these final rules will take effect 6 months after the date on which they are published in the Federal Register. Compliance with the 2010 Standards for Accessible design is permitted after that date, but not required until 18 months after the date of publication. The Department has prepared fact sheets identifying the major changes in the rules.
• Title II: Final Rule amending 28 CFR Part 35: Nondiscrimination on the Basis of Disability in State and Local Government Services -- (HTML)
• Title III: Final Rule amending 28 CFR Part 36: Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities -- (HTML)
22 Students With Disabilities Receive Scholarships
7/9/2010 - Twenty-two students with disabilities were awarded $1000 scholarships by the Arkansas Governor's Commission on People With Disabilities, lead by commission director Leonard Boyle, at a ceremony July 8th at the Governor's Mansion. The ceremony was covered by KTHV News.
New Rule Extends Disability Protections to Passenger Ships & Boats
6/18/2010 - The Department of Transportation (DOT) has announced the first federal rule to specifically provide Americans with Disabilities Act (ADA) protections to people with disabilities who travel on boats and ships. The rule applies to two categories of vessels - vessels operated by public entities, such as public ferry systems, and vessels operated by private entities that are mainly in the business of transporting people, such as cruise ships. Under the rule vessel operators cannot charge extra for accessibility-related services to passengers, cannot require passengers to furnish their own attendants, and cannot deny access to passengers based on disability. The new rule will become effective 120 days after it is published.
New Remedies Under the ADA Legal E-Bulletin Available
6/11/2010 - The Americans with Disabilities Act (ADA) is a complex civil rights law that may award different remedies depending on the discrimination that occurs. Some remedies are spelled out in the Act explicitly while others are established by case law interpreting the ADA and its sister law, Section 504 of the Rehabilitation Act. This e-bulletin discusses what remedies are available under the ADA. For questions or to reach the ADA Center that serves you please call 1.800.949.4232 v/tty.
To Access this Bulletin visit: http://www.swdbtac.org/html/publications/ebulletins/legal/2010/june2010.html
The Access Board announced a new report, Accessible Public Rights of Way:Planning and Designing for Alterations. The report notes that both the ADAAG and Section 504 standards address buildings and site work, not rights of way and provides 25 design solutions. The report also considers methods to achieve accessibility that are not covered in the ADAAG. The U.S. Access Board has released a free four-part video which illustrates issue areas of concern in the design of sidewalks. Click this link to play the videos.
The ADA Information Line can be found at http://www.ada.gov/infoline.htm
Accessibility Still an Issue for Many
In the KARK production, "Health Matters", Dr. David Lipschitz tells us of his experience with accessibility and how we still have a long way to go before achieving it.
Watch the video » (password is the number 90)
History of Disability Rights Center's/ADA Access Awareness Campaign
1998 - Access Arkansas Award 1998 through 2004 - In 1998, DRC launched its ADA access awareness campaign by creating the Access Arkansas Award to present to businesses that exemplified the spirit of Title III of the ADA by providing access to Arkansans with disabilities.
Winners of the Access Arkansas Award
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| 1998 - FourJay LLC - owner of 37 Wendy's in Arkansas. Donna Pettus, DRC Board President & Barry Vuletich present award to Jim Hurley, FourJay LLC. |
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| 1999- KATV- Channel 7, Little Rock. Nan Ellen East, DRC Executive Director presents award to Bob Steele, KATV |
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| 2000 - Cynthia Stone & Gloria Gordon to publicize the Olmstead decision & the Governor's creation of the GIST. |
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| 2001- Museum of Discovery, Little Rock. John Fendley, DRC Board President presents award to Bill Bradshaw, Museum of Discovery Director and Elijah Harris, Museum of Discovery Board of Directors Chair. |
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| 2002- Alltel Arena, Little Rock. In commemoration of the 1990 signing of the Americans With Disabilities Act (ADA). |
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| 2003- Rave Theater, Little Rock. SeRonna Rodgers, DRC, presents award to Mr. Richard Gehrig, Regional Director of Operations. |
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| 2004 - Kohls Department Store |
2002 - DRC'S ADA Access Awareness Campaign went pro-active - "Front Door" Access Campaign - In 2002, in addition to our Access Arkansas Award, DRC took a more pro-active approach to seek compliance with the ADA by surveying 94 central Arkansas restaurants to assess compliance with Title III of the ADA. All of the restaurants surveyed had held themselves out to the public (or had been advertised as such by other entities) as accessible to people with disabilities. The focus of DRC'S surveys was solely on "front-door" accessibility. Front-door accessibility simply means that there is accessible parking, an accessible route to the front door and an accessible entrance.
Our "front-door" access campaign findings were alarming as an overwhelming majority of restaurants failed to comply with Title III requirements. Only 6 restaurants met all Title III standards for front-door access; 4 met none; and the remaining 84 met some but not all of the Title III standards.
After attempting to encourage the 4 restaurants which met none of Title III standards to comply with the ADA, DRC filed suit in federal court against 3 of the restaurants alleging that Defendants, by refusing to remove architectural barriers had violated Title III of the ADA:
- Disability Rights Center and Barry Vuletich v. Sim's Bar-B-Que No. 2, Little Rock
- Marty Johnson v. Mt. Fuji Corporation and I-430 LLC; and,
- Disability Rights Center and Barry Vuletich v. Shogun Japanese Steakhouse and Sushi Bar, Little Rock
2002 to the present - In addition to the 94 restaurants surveyed for our 2002 "front-door" access campaign, DRC has conducted full ADA compliance access surveys of the following Title III places of public accommodation.
DRC lawyers always notify the owner of the survey results and request the removal of the barriers preventing access. Each of the businesses listed below was surveyed by DRC and each worked/are working with DRC to remove the architectural barriers.
Picture of unisex restroom door taken by DRC during ADA access survey of one of the popular restaurants in Little Rock.
Restaurants/Fast Food
- Sunset Grill, Springdale
- Best Western Restaurant, Magnolia
- The Back Forty Restaurant, Mt. Home
- Stoby's Restaurant, Conway
- KFC, Roosevelt Road, Little Rock
- Burger King, Markham Road, Little Rock
- McDonalds, Cantrell, Little Rock
- Taco Bell, Geyer Springs Road, Little Rock
- Taco Bell, Rodney Parham Road, Little Rock
- Taco Bell, John Barrow Road, Little Rock
- Taco Bell, West Memphis
- Taco Bell, North Little Rock
- A&W Restaurant, Paragould
- Bonanza, Paragould
- Chop Sticks Chinese Buffet, Morrilton
- Fuji Steakhouse, Jonesboro
- Pizza Hut, Mt. Home
- Flying Fish, Little Rock
- Pizza Café, Little Rock
- Pantry Restaurant, Little Rock
- Who Dat's Restaurant, Bald Knob
Movie Theaters
- Malco Cinema 14, Jonesboro
- Malco Hollywood 12 Cinema, Jonesboro
Malls
- Strip Mall parking and entrance to office, Forrest City
- Cloverleaf Shopping Center, Van Buren
- Strip mall parking, Crossett
- Cantrell Gallery, Little Rock
- Strip Mall at Cantrell and Mississippi, Little Rock
- Cypress Properties, North Little Rock
- Band Mill Mall, Melbourne
- Cabot Centre Mall, Cabot
- Commons Mall, Cabot
- Wingate Plaza, Conway
- West Pleasure Shopping Plaza, Searcy
- Shackleford Crossing, Little Rock
- Foxwood Square Mall, Jonesboro
Grocery and Convenience Stores/Marts/Gas stations/Places of Recreation
- Petco Store, North Little Rock
- EZ Mart, Clarendon
- Sav-A-Lot Grocery, Crossett
- Dollar General, Perryville
- Kroger Gas Station, Geyer Springs Road, Little Rock
- Kroger Gas Station, Colonel Glenn Road, Little Rock
- Kroger Gas Station, Cantrell Road, Little Rock
- Polk Drug Store, Clarendon
- Marvin's IGA, Lowell
- Tobacco Outlet Store, Lowell
- Dollar General, Clarendon
- Phillips County Chamber of Commerce
- First Security Bank, Cabot
- Rodeo of the Ozarks, Springdale
- Oaklawn Park, Hot Springs
- A Test Consultants, North Little Rock
- Leaks Kwik Stop, Forrest City
- Kroger, Batesville
- Exxon Station, Batesville
- Wild Ivy Salon and Day Spa, Benton
- Butler Park, Little Rock
- Family Market, Pine Bluff
- Piggly Wiggly, Dermott
- Shell Station, 355 Hwy 95, Morrilton
Other
- Lions World Services for the Blind, Little Rock
- Antioch Missionary Baptist Church Fellowship Hall, Sherrill
- Riggs Supply and Home Center, West Memphis
- Bank of America, 6911 JFK, NLR
- Law Office of Christopher Morledge, Forrest City
DRC'S ADA Awareness Campaign includes Title II of the ADA
In addition to our Title III work, DRC also conducts full access surveys of state and local government buildings to encourage compliance with Title II of the ADA after we receive a complaint from an Arkansan with a disability who was unable to access a government program, service or activity. We have conducted accessibility surveys of the following: Courthouses
- Arkansas County Courthouse Annex Building, Stuttgart
- Cleburne County Courthouse, Heber Springs
- Stone County, Mt. View
- Izard County Courthouse, Melbourne
- North Little Rock District Courthouse, North Little Rock
- Fulton County Courthouse, Salem
- Independence County Courthouse, Batesville
- Benton County Courthouse Annex, Bentonville
- Yell County Courthouse, Danville
- Yell County Courthouse, Dardanelle
- Searcy County Courthouse, Marshall
- Carroll County Courthouse, Berryville
- North Little Rock District Courtroom, N.L.R
- Arkansas County Annex Building, Stuttgart
- Crittenden County Courthouse, Marion
- Logan County Courthouse, Booneville
School Districts
- Harrison School District, Administration Building, Harrison
- PSSD/Crystal Hill Elementary playground
- Cabot School District, football stadium, Cabot
- Ball field at Cedar Ridge Elementary, Newark
- Star City School District, parking, Star City
- Ola School District's gymnasium, Ola
- Flippin School District's gymnasium, Flippin
- Coal Hill School District's gymnasium, Coal Hill
- Fountain Lake High School football field, Fountain Lake
- Warren High School football field, Warren
- Lonoke School District's buildings, parking and path of travel, Lonoke
- Springdale High School football field, Springdale
- Bryant School District's elementary school playgrounds
- Lake Hamilton High School and gymnasium
- Guy Berry Intermediate School, Mt. Home
- Woodruff Elementary, Little Rock - voting access
- North Little Rock High School, North Little Rock - voting access
- Metropolitan Career Center, Little Rock -- voting access
- Forrest City Administration Building
- Mills High School football stadium, Little Rock
- Holcomb Elementary School playgrounds, Fayetteville
- Cedar Park Elementary playground, Truman
- Holcomb Elementary playgrounds, Fayetteville
Cities/Counties
- City of Mt. View, sidewalks
- Maynard City Hall
- Vilonia City Hall, Vilonia
- Alma Municipal Center, Alma
- Everton City Hall and City Park, Everton
- Melbourne City Hall
- City of Little Rock, sidewalks
- Hot Spring County 4-H Club, Malvern
Colleges
- Black River Technical College, Pocahontas
- SAU Student Center, Magnolia
- SAU Branch, El Dorado
- Garland County Community College, Hot Springs
- Pulaski Tech, Little Rock
State Entities
- Capitol Hill Apartments, Little Rock
- Arkansas Supreme Court Building's doors, Little Rock
- Employment Security Office, Little Rock
- Arkansas State Capitol, Little Rock
- Revenue Office, Wynne
Other
- Butler Park, Little Rock
DRC has also sought compliance with Title II by filing suit in federal court or by filing a complaint with the U.S. Department of Justice. Below are those cases.
- Camden, Hampton, El Dorado and Warren - sidewalks - complaints filed with U.S. Department of Justice. Department of Transportation took over case and cities agreed to complete self evaluation and transition plans regarding sidewalks.
- Pulaski Tech, North Little Rock campus - complaint filed with U.S. Department of Education, Office for Civil Rights. Complaint was settled with mediation.
- Brookland School District - complaint filed with U.S. Department of Education, Office for Civil Rights. Complaint under investigation.
Voting Locations
- Amtrak Train Station, Little Rock
- Bayou Meto Elementary, Jacksonville
- Bess Chisholm Stephens YWCA, Little Rock
- Calvary Baptist Church, North Little Rock
- Cammack Village City Hall, Little Rock
- College Station Community Center, College Station
- Cooperative Extension Service, Pulaski Co.
- Grace Presbyterian, Little Rock
- Harris Elementary School, North Little Rock
- Henderson United Methodist Church, Little Rock
- Jack Evans Senior Citizen Center, Sherwood
- Jacksonville Boys and Girls Club, Jacksonville
- Jacksonville City Hall, Jacksonville
- Jess Odom Community Center, Maumelle
- Little Rock Adult Education Center, Little Rock
- Little Rock Fire Station #10, Little Rock
- North Heights Recreation Center, Little Rock
- North Little Rock City Hall, North Little Rock
- Otter Creek Racquet Club, Little Rock
- Pleasant Valley Church of Christ, Little Rock
- Pulaski Heights Presbyterian Church, Little Rock
- Sherwood Youth Center, Sherwood
- St. Anne Parish Hall, North Little Rock
- St. John's Vision Center, Little Rock
- St. Michael's Episcopal Church, Little Rock
- Sue Cowan Williams Library, Little Rock
- Sylvan Hills Community Church, Sherwood
- The Church at Rock Creek, Little Rock
- W.W. Williams NW Patrol, Little Rock
- William F. Laman Library, North Little Rock
- Willow House Activity Center, North Little Rock
- Wrightsville City Hall, Wrightsville
DRC Priorities for ADA Accessibility in Fiscal Year 2010
- DRC will assist people with disabilities to advocate removal of barriers to housing, places of public accommodation, and state and local government in order for them to have equal access under the law.
- Represent or provide technical assistance to people with disabilities regarding architectural barriers in housing.
- Provide intervention services to people with disabilities alleging that architectural barriers prevent them from having equal access to government services, programs and activities.
- Provide intervention services to callers alleging that architectural barriers prevent them from having equal access to businesses.
- DRC will inform people with disabilities of their legal rights at trainings conducted by DRC and other organizations.
- DRC will conduct trainings on self advocacy and the rights of voters with disabilities.
- DRC will raise issues that affect the lives of people with disabilities at meetings attended by policy makers and/or people with disabilities.
- Maintain a collaborative working relationship with Arkansas Fair Housing Commission and reinforce that people with disabilities have a right to accessible and affordable housing free from discrimination.
- DRC will assist people with disabilities to advocate for full participation in the electoral process.
- DRC will seek funding to air a PSA previously produced by DRC and the Secretary of State's office to inform voters with disabilities of their rights under HAVA.
- DRC will conduct access surveys of polling sites in Saline County during early voting and the regular election day.
- DRC will publish the results of the access surveys on its website.
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