DOJ Issues New ADA Regulations
The US Department of Justice issued new ADA regulations on July 26, 2010. The new title II regulation applies to the 80,000 units of state and local government and the title III regulation applies to the 7,000,000 businesses and nonprofits in the US that offer goods, services, or facilities to the general public.
This regulation caps a two-decade process of adding to the original ADA regs issued in 1991. The regs also do something very important for recreation providers…both title II and title III incorporate the US Access Board design guidelines for playgrounds, pools, golf courses, fitness areas, boating areas, fishing areas, and sports fields and courts. Our firm has used these in our work, but some local governments have been wary of following the Access Board work out of a concern that these “guidelines” would change as they morphed into a regulation. They have not changed, and the time has passed for waiting.
The 1991 design standard, called the Americans with Disabilities Act Accessibility Guidelines or ADAAG, contained no guidance on recreation elements. In the 90’s the Access Board developed the recreation environment guidelines and now, with this regulation those become a part of the 2010 Standard for Accessible Design.
The title II and III regs are not just about the built environment. Both include strict new provisions regarding service animals used by people with disabilities and agency policies on same, as well as requirements regarding the use of power driven mobility devices (such as a Segway) and agency policies about those devices.
For agencies, nonprofits, or businesses in Illinois, more change could be ahead. The Illinois Accessibility Code (IAC) is more stringent in several areas than ADAAG. Look for the IAC to change to keep pace with the typical built environment issues in the 2010 Standards as well as the recreation environment requirements.
This brief note should serve only to whet your appetite. Our website, by August 31, will include articles that analyze the title II regulation, the title III regulation, and the 2010 Standards. Whether you are at a local government, a state, a private fitness facility, or a hotel or restaurant, these new requirements become effective in early 2011.
Geneva Park District
The Geneva Park District has retained RAC for a system-wide access audit of all recreation sites and facilities, and a subsequent transition plan. RAC staff began site audits in July and are writing reports and starting the transition plan this month. The Park District is seeking Distinguished Accredited Agency status in Illinois, and that requires an access audit and transition plan. “We are applying to become a Distinguished Accredited Agency, but this access audit has been in our plans for some time now” said Executive Director Sheavoun Lambillotte. Here is another park district that recognizes the need to serve all of its residents.
Shelley Says…
Shelley Zuniga is our Project Manager. With her experience in therapeutic recreation, her knack for all things access, and her attention to detail, she is a great problem-solver. Look for her thoughts each month about some of the problems she solves for our customers. This month Shelley Says…
"When RAC staff is out at park district sites conducting access audits, we often run into an arrangement where the park district has allowed the site to be used and managed by an outside group. Sometimes the group raised funds for the site, such as a youth baseball complex. Or a storage and scorekeeper structure was constructed. The fact that the site is managed by a nonprofit does not relieve the park district from its obligation to comply with the accessibility standards and guidelines for physical access as well as inclusion supports. We have found several times that the park district does not even have keys to the building or structure that is on park district property. Before approval for construction on a portion of park district land is granted, or before a donated building is accepted, keep in mind the duty to comply with the accessibility standards that are applicable to all park district sites and programs."
DOJ Part Two!
On Friday, July 23 DOJ announced it would release four Advance Notice of Proposed Rulemakings (ANPRM) regarding the ADA. An ANPRM is used to gather information from the public when the subject is either controversial or little is known about the subject. This ANPRM regarding Equipment and Furniture asks a series of questions about whether exercise machines should include some of a different design so that they are more usable by a person with a disability (see questions 12 and 13).
In addition, in an effort to complete work on a controversial area, the ANPRM asks a series of questions about single rider golf cars and how many of these should be required at a golf facility. It is not unusual to see the timetable for ANPRM-to-regulation take 5 years, but signs are that this issue is burning brightly in DC (see questions 14 and 15). Both the exercise equipment questions and single rider car questions are applicable to public and private facilities. Professionals with fitness and golf backgrounds should review and comment on the ANPRM.
Wheeling Park District
The Wheeling Park District has retained RAC for a system-wide access audit of all recreation sites and facilities, and a subsequent transition plan. RAC staff will conduct site audits in August and September and report to the District in late fall. Executive Director Jan Buchs said the Board wants to make certain its facilities and sites are usable by all residents, including those with disabilities.
NRPA Webinars
Through the National Recreation and Parks Association, RAC President John McGovern will conduct 3 webinars that dissect the DOJ ADA regulation. On September 2 at 1:30 to 3:00 p.m. Central Time we will examine the top ten policy issues in the title II regulation. On September 16 at the same time we will examine the requirements for playgrounds and golf courses, and finally on September 30 at the same time we will review fitness areas, aquatics sites, boating, and fishing areas. Go to http://www.nrpa.org/webinars/ to register for the webinars.
Wheaton Park District
The Wheaton Park District has retained RAC to review its completed access audits of sites and facilities and draft a transition plan. RAC staff began the project this month and look to complete it this fall. Superintendent of Parks and Planning Rob Sperl knows the District is ahead of the curve, but sees the transition plan as an important tool. We’ll recommend phased work for the District and help meet the title II requirements for citizen involvement. This District too is seeking status as a Distinguished Accredited Agency.
Technical News
Our lead Access Technician Ray Kincaid left this month to become director of operations for a local professional sports team. We hired a candidate who has worked for us since February of 2009 and gained significant mastery of the Access Board and IAC guidelines. His name is Terry McGovern and you’ll likely see him at a site near you.
National Institute on Recreation Inclusion (NIRI)
The National Recreation and Parks Association is the leader in training and education regarding recreation for people with disabilities. In the year 2000 the northern Chicago suburbs hosted the very first inclusion training school, the National Institute on Recreation Inclusion (NIRI). In 2010 the school returns to the Chicago area and will be held November 8 to 10 in Schaumburg, Illinois. This three day event features speakers from the US Access Board and the Department of Justice and they will talk about the new regulations. NIRI is a don’t-miss education opportunity this year. For information about sessions, or to register, go to http://www.nrpa.org/NIRI/.
A lot of people are making NIRI a success this year. Carolyn Nagle at FVSRA serves as Planning Committee co-chair. Tracey Crawford at FVSRA and Jana Bruner at City of North Las Vegas are the Program Committee co-chairs. Susie Julison at NWSRA is on the Planning Committee, and NWSRA is sponsoring the 2010 Excellence in Inclusion Awards. Special thanks to our honorary planning committee members Peter Murphy at the Illinois Association of Park Districts, Brett Davis at the Park District Risk Management Agency (by the way, PDRMA was a host in 2000), and Mike Selep at the Illinois Park and Recreation Association.
Disclaimer
Nothing in this newsletter is legal advice. It is instead a relaying of decisions and information about the application of the Americans with Disabilities Act to public recreation. Readers interested in legal advice should seek a qualified attorney in your state that knows the ADA and can apply it to public parks and recreation.