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Monday, August 16, 2021

Your ADA Rights Under Title III (References)

 

Today, I (Insensitive Bastard), will help you locate where the private industry ADA regulations and requirements are.  The Americans with Disabilities Act Title III can be found @ (https://www.ada.gov/taman3.html).  It is important to people with disabilities to understand exactly what our rights are with regard to places we frequent and visit. 

 It is worth noting that ADA requirements fall within two basic categories:

                Public places-that are state and local governmental entities

                Public & Private places-that are commercial entities

Private or commercial places and facilities encompass the majority of areas we visit on a daily basis.  Rather than provide you with information that I am no expert on, the spaces below are great references for information you may need or reference. 

You would/will be surprised at how many facilities are non-compliant with ADA laws.  Only since my disability have I become keenly aware of situations that do no comply.   

Some examples of public accommodations and commercial facilities are hotels, restaurants, theaters, halls, grocery stores, shopping centers, banks, schools, gyms and hospitals.

I encourage you to visit the noted link above, (ada.gov), (https://www.ada.gov/infoline.htm), or call 1-800-514-0301 (voice) or 1-800-514-0383 (TTY) for further information. 

Some specific requirements of Title III are listed below:

·     4.3400 Telecommunication devices for the deaf (TDD's). In order to ensure effective communication by telephone, a public accommodation is required to provide TDD's in certain circumstances. Because TDD relay systems required by title IV of the ADA (which must be operational by July 26, 1993) will eliminate many telephone system barriers to TDD users, the auxiliary aids requirements relating to TDD's are limited in nature.

·         4.4200 Readily achievable barrier removal. Public accommodations are required to remove barriers only when it is "readily achievable" to do so. "Readily achievable" means easily accomplishable and able to be carried out without much difficulty or expense.

·     4.6000 Examinations and courses. Any private entity that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes must offer such examinations or courses in a place and manner accessible to persons with disabilities, or offer alternative accessible arrangements for such individuals.

·       5.4000 Elevator exemption. Elevators are the most common way to provide access in multistory buildings. Title III of the ADA, however, contains an exception to the general rule requiring elevators. Elevators are not required in facilities under three stories or with fewer than 3000 square feet per floor, unless the building is a shopping center or mall; professional office of a health care provider; public transit station; or airport passenger terminal.

·       7.3110 Work areas (ADAAG §4.1.1(3)). Access to work areas, but not to individual work stations, is required. The requirement for work areas is that they be designed so that individuals with disabilities can approach, enter, and exit the areas.

·     7.4300 Parking (ADAAG §4.1.2(5)(b)). ADAAG provides a table with the number of accessible parking spaces required dependent on the size of the lot. For example, only four percent of the spaces in a 100-space lot must be accessible. Certain facilities, however, are subject to higher requirements.

·        7.5125 Doors (ADAAG §4.1.3(7)). The following doors must be accessible:

                    1) At least one at each accessible entrance and at each accessible space;

                   2) Each door that is part of an accessible route; and

                   3) Each door that is required for egress.

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