recreation accessibility consultants (rac)

STOP THE PRESSES…DOJ SENDS NEW TITLE II REGULATION UP THE CHAIN…

In exciting news, on April 26, 2010 the US Department of Justice (DOJ) sent a revised FINAL regulation for title II of the American Disablities Act,  to the US Office of Management and Budget (OMB).  For those readers who are not as nerdy as RAC President John McGovern, that is literally the last step in the rulemaking process.  OMB has 90 days to review and then the regulation will likely be published on July 26, 2010, which is (by the way this is not a coincidence) the 20^th anniversary of the signing of the ADA by President George H. W. Bush.  Check here http://www.reginfo.gov/public/jsp/EO/eoDashboard.jsp?agency_cd=1100&agency_nm=DOJ&stage_cd=4&from_page=index.jsp&sub_index=0 for more detail.

Haven’t most agencies been following the work of the Access Board already?  Many agencies have.  But there are more than 87,000 units of state and local government in the US.  Most have not followed the Access Board recreation guidelines.  Of even greater concern, most have not yet completed the black-and-white required access audit of sites and facilities.

What does this mean to you and to public parks and recreation agencies? 

To read full article click here

RAC Email In-Basket #1

Terri Smith from Water Design in Utah writes again and asks:

“I have been reviewing the latest proposed ADA guidelines.  How I read it, existing facilities would only have to update to the new code if they make alterations or additions to their facility. 

Is this correct?”

In unison now…the answer is…no.

New construction, alterations, and additions do trigger access requirements.  But even without that, an access retrofit may be necessary.

The ADA became law for governments and business on January 26, 1992.  This federal civil rights law prohibits discrimination on the basis of disability in the provision of services, and also requires that existing and new facilities meet accessible design requirements.  There are specific guidelines that define an accessible design.  Any building designed or constructed for, on behalf of, or by a unit of local government after January 26, 1992 must meet these requirements.  The federal guidelines are matched by an equally comprehensive State regulation.  For the federal regulation see ADAAG and for the state regulation, see IAC.

But this isn’t simply making sure that accessible parking stalls are wide enough, or that interior doors open with 5 pounds of force or less. 
To read full article click here


RAC Email In-Basket #2

RAC received another interesting email from a parks and recreation professional in a northeastern state.  It went something like this…

” We have some young autistic children in our recreation programs who sometimes need to be held so they don't hurt the staff or other children.  The staff is asking to be restraint trained.  I am not really in favor of this at all.  Suggestions?” 

This is not a simple discussion.  To read full article click here

US Department of Justice Settlement in Illinois

St. Clair County in southern Illinois recently settled a Project Civic Access investigation with the US Department of Justice.  Amongst other things, the County has agreed to comply with the 35.106 notice requirement, the 35.107 grievance procedure requirement, the requirement to provide qualified sign language interpreters, make changes to the County 9-1-1 system, make polling places accessible, make the County website accessible, adhere to the standards for construction of new facilities or the alteration of existing facilities, and assure that programs conducted in facilities owned and operated by other entities are also accessible.

By the way, St. Clair County isn’t a “bad” county.  It has taken some progressive steps regarding disability issues.  For example, it established a special needs registry to assist first-responders by making information available regarding people with disabilities in the event of an emergency.  And, to make information available to residents, the County website has a comprehensive listing of disability support groups and advocacy groups.  This settlement though is continued evidence of the need by all local governments to promptly, effectively, and continually address access requirements under the remarkable Americans with Disabilities Act.