Equal Access 
Member since Jan 28, 2010

Recent Comments

Re: “Cut off

Hi Beth, yes, reporters do compress their interviews so I do understand. It sounds like you and the Montana Disability Rights group are doing great work for the community and I hope the AmVets does the right thing, not only for this Tess but everyone that may want to visit there.

Good luck,
Scott Ricker
Volunteer
Access Advocate

Posted by Equal Access on 01/29/2010 at 11:03 AM

Re: “Cut off

Access to AmVets...I beg to differ with Disability Rights Montana Attorney Beth Brenneman. It should be clarified that even if the building or facility was built prior to 1990, it still must comply to providing Equal Access as an Existing Facility if providing Access is "Readily Achievable". A formal complaint should be filed then the DOJ Office on Civil Rights will determine, per the definition of Readily Achievable, if Access must be provided. The list of "Readily Achievable" barrier removal does not include an elevator but that does not mean that some buildings or facilities would not be required to put one in. Below is the applicable text from Part 36.304 of ADAAG;

http://www.ada.gov/reg3a.html#Anchor-91481

Sec.36.304 Removal of barriers.

(a) General. A public accommodation shall remove architectural barriers in existing facilities, including communication barriers that are structural in nature, where such removal is readily achievable, i.e., easily accomplishable and able to be carried out without much difficulty or expense.

(b) Examples. Examples of steps to remove barriers include, but are not limited to, the following actions --

(1) Installing ramps;

(2) Making curb cuts in sidewalks and entrances;

(3) Repositioning shelves;

(4) Rearranging tables, chairs, vending machines, display racks, and other furniture;

(5) Repositioning telephones;

(6) Adding raised markings on elevator control buttons;

(7) Installing flashing alarm lights;

(8) Widening doors;

(9) Installing offset hinges to widen doorways;

(10) Eliminating a turnstile or providing an alternative accessible path;

(11) Installing accessible door hardware;

(12) Installing grab bars in toilet stalls;

(13) Rearranging toilet partitions to increase maneuvering space;

(14) Insulating lavatory pipes under sinks to prevent burns;

(15) Installing a raised toilet seat;

(16) Installing a full-length bathroom mirror;

(17) Repositioning the paper towel dispenser in a bathroom;

(18) Creating designated accessible parking spaces;

(19) Installing an accessible paper cup dispenser at an existing inaccessible waterfountain;

(20) Removing high pile, low density carpeting; or

(21) Installing vehicle hand controls.

(c) Priorities. A public accommodation is urged to take measures to comply with the barrier removal requirements of this section in accordance with the following order of priorities.

(1) First, a public accommodation should take measures to provide access to a place of public accommodation from public sidewalks, parking, or public transportation. These measures include, for example, installing an entrance ramp, widening entrances, and providing accessible parking spaces.

(2) Second, a public accommodation should take measures to provide access to those areas of a place of public accommodation where goods and services are made available to the public. These measures include, for example, adjusting the layout of display racks, rearranging tables, providing Brailled and raised character signage, widening doors, providing visual alarms, and installing ramps.

(3) Third, a public accommodation should take measures to provide access to restroom facilities. These measures include, for example, removal of obstructing furniture or vending machines, widening of doors, installation of ramps, providing accessible signage, widening of toilet stalls, and installation of grab bars.

(4) Fourth, a public accommodation should take any other measures necessary to provide access to the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation.

Posted by Equal Access on 01/28/2010 at 4:01 PM

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    Accessibility issues raise questions at AmVets
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