JUNE 2010
What a Nice Thing to Say!
RAC conducted an access audit for the Mundelein Park and Recreation District in 2009. Our reports for every site, addressed amongst other things, parking and accessible parking.
Out of the blue this month we heard from Margaret Resnick, the Executive Director at the District. She wrote:
“We are having the parking lot at the Regent Center resurfaced and just had a discussion about the number and configuration of the ADA spots. Not surprisingly, the information available from the (enforcement agencies) is a little confusing. We referred to your report and were quickly able to answer the questions. Thanks!”
We like to hear that kind of news. We try to make our reports clear so that months after we leave, you’ll still know exactly what we meant. Thanks Margaret!
Park District of La Grange
The Park District of La Grange has retained RAC for a system-wide access audit of all recreation sites and facilities, and a subsequent transition plan. RAC staff will meet with District staff this month and will complete our access audits by the start of the fall. The Park District recognizes the importance of serving all of its residents, and a key to that is evaluating all sites and facilities for access. Executive Director Dean Bissias recognizes that section 35.105 of the title II regulation requires this audit. We look forward to working with District staff.
Department of Justice to Step Up ADA Enforcement
In this time of budget cuts, hiring freezes, and fee increases, what kind of governmental agency sees a budget increase? Well that’s exactly what happened at the Department of Justice Civil Rights Division, which oversees enforcement of, amongst other things, the Americans with Disabilities Act. In the Washington Post on June 4, Division leader Thomas Perez was quoted as saying "We had to do some healing," said Perez, 48, a former Maryland official and deputy assistant attorney general under Republican and Democratic presidents. "We had to restore the partnership between the career staff and the political leadership. And frankly, certain civil rights laws were not being enforced." One of the laws to which Perez referred is the Americans with Disabilities Act.
This is not a little CPI-range increase. The Division budget jumped 18% and there are 102 new employees coming on board.
How Does the ADA Apply to a Business Like a Fitness Facility?
Dr. Fran Daly, an award-winning university professor at Kean University in New Jersey, wrote to ask about the application of the ADA to businesses such as private fitness facilities. Title III of the ADA does apply to private fitness facilities. The same requirements faced by a park district or municipal agency must be met: accessible parking, curb cuts, accessible routes to the entry, accessible entries, accessible service counters, accessible locker rooms, accessible lockers, signs designating the accessible lockers, hooks within reach range, proper locker door latches or levers, accessible benches in locker rooms, accessible sinks and toilets, accessible showers, accessible merchandise, visual and aural alarm systems, and yes, accessible fitness equipment. Other requirements apply in multi-story facilities and in facilities with pools, hot tubs, tennis courts, handball courts, and other amenities.
Many privately owned and operated fitness facilities seem to be unaware of these requirements. That is unfortunate, as businesses have both a tax deduction and a tax credit for the costs incurred in making sites accessible. For more information see 28 CFR Part 36.
Boone County Conservation District
The Boone County Conservation District retained RAC to provide some policy guidance and some technical assistance advice. In early June we provided the District with a technical assistance memo that describes steps it should take to assure that kids with disabilities registering for District summer camps are accepted and supported in the camps. Some later work will address sites or facilities, and the many policies that a conservation district has in place. Executive Director Dan Kane recognizes the District’s ADA obligations and sees this as a way to get ahead of the curve on compliance.
Watching for the New ADA Regulations
The Department of Justice will release, sometime after July 25, a new or revised title II regulation (affecting states and local governments) and a title III regulation (affecting businesses and nonprofits). Curious as to what it will include? So are we. Look to Recreation Accessibility Consultants LLC for analysis of the new regulations as soon as they are issued.
NRPA Webinars
Through the National Recreation and Parks Association, RAC President John McGovern will conduct some webinars that dissect the to-be-released DOJ ADA regulation. Look for announcements from NRPA at www.nrpa.org or in the July or August RAC e-newsletter.
Got a Building? Got a Lease? Got a Copy of the EBA?
For our Illinois readers, the Illinois Environmental Barriers Act (EBA) section 5 prohibits governments from entering into agreements for the rent, lease, or use of a building that does not meet the requirements of the Illinois Accessibility Code. So that old home donated to the Park District? It may not be feasible to lease it to a nonprofit. Or when looking for extra facilities for growing summer camps, renting that old building basement may not be the best plan. This issue came up in a recent phone call from a parks and recreation professional and we thought it was worth sharing. See your attorney for advice on this subject.
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.