November 19, 2015

The 2010 Amendments to the ADA limited the definition of a service animal.  This has caused confusion for housing providers and employers.  Keep in mind that Section 504 of the Rehabilitation Act and the Fair Housing Act apply to housing as well and HUD has construed the definition of a service animal more broadly than the ADA, as amended.  Here is HUD guidance on how the ADA requirements for public accommodations (stores, restaurants, etc.) differ from housing requirements:  https://portal.hud....

September 8, 2015

I've been getting a lot of complaints about this issue lately.  Ever tried to buy accessible seating positions for a concert or a sporting event online?  Ever get a message that requires you to call for accessible seats or a message that you will get a call back or an email within 24 hours?  Unless everyone has to call or wait up to 24 hours to purchase tickets, that's a violation of the Americans with Disabilities Act.  If typical ticket purchasers can choose a seat and put a ticket in an onlin...

April 6, 2015

 

The interplay between the new construction accessibility standards applicable to both Title II and Title III of the ADA and the program access requirements applicable only to Title II, is fascinating--if you're an accessibility nerd like me--and can result in greater overall accessibility in Title II facilities.  The best example, and one I've used often in the past, is powered automatic door openers.  Over the past thirteen years that I've been advocating for people with disabilities, I've met...

October 1, 2014

The Department of Justice has issued new technical assistance with regard to the rights of voters with disabilities.   This assistance is intended to help election officials, poll workers and voters understand the requirements of the Americans with Disabilities Act, the Voting Rights Act, the National Voter Registration Act and the Help America Vote Act.  The publication is entitled, The Americans with Disabilities Act and Other Federal Laws Protecting the Rights of Voters with Disabilities.  He...

October 2, 2012

How many times have you gone to a restaurant or store that contained many barriers to your access and when you advised the business of these barriers you were told, "we're grandfathered in."  This is simply not true.  There is no grandfather clause in the ADA. 

To the contrary, 28 CFR 36.304 states: "A public accommodation shall remove architectural barriers in existing facilities...where such removal is readily achievable, i.e., easily accomplishable and able to be carried...

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Website Content Accessibility Requirements and the ADA

July 29, 2016

Currently there are no rules or regulations from the Department of Justice (DOJ) to give guidance to public accommodations or public entities as to wh...

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