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2010 Revised ADA Regulations:2010 Revised ADA Regulations:An OverviewAn Overview

1818thth Annual ADA Update Annual ADA UpdateMid-Atlantic ADA CenterMid-Atlantic ADA Center

Baltimore, MarylandBaltimore, MarylandSeptember 21, 2011September 21, 2011

DOJ’s Revised ADA Rules

Overview of revised rule.Overview of revised rule.

2010 Standards: Compliance Dates, 2010 Standards: Compliance Dates, “Existing Facilities”, Safe Harbor, and “Existing Facilities”, Safe Harbor, and Supplemental Requirements.Supplemental Requirements.

Selected changes to nondiscrimination Selected changes to nondiscrimination policies.policies.

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Revisions to ADA Regulations Published September 15, 2010

First major updates/revisions in 19 yearsFirst major updates/revisions in 19 years Update of nondiscrimination policiesUpdate of nondiscrimination policies Adoption of updated accessibility Adoption of updated accessibility

standardsstandards

Two regulationsTwo regulations Title II: State and local governmentsTitle II: State and local governments Title III: Public accommodations and Title III: Public accommodations and

commercial facilitiescommercial facilities

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Effective Date: Title II and Title III Rules

General effective date - March General effective date - March 15, 201115, 2011

As of this date, policies must be As of this date, policies must be compliant with new requirements compliant with new requirements (except for hotel reservations – (except for hotel reservations – 18 months).18 months).

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The 2010 Standards for The 2010 Standards for Accessible Design: Accessible Design:

Compliance DatesCompliance Dates“Existing Facility”“Existing Facility”

Safe HarborSafe HarborSupplemental RequirementsSupplemental Requirements

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Compliance Date for 2010 Standards

March 15, 2012 March 15, 2012 (18 months from date of (18 months from date of publication in the Federal Register):publication in the Federal Register):

2010 standards must be followed for 2010 standards must be followed for new construction, alterations, barrier new construction, alterations, barrier removal, and program access. removal, and program access.

Immediate use allowed.Immediate use allowed.

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Title II: Applicable Standards Until Compliance Date

Until March 15, 2012Until March 15, 2012, title II entities can , title II entities can choose to use:choose to use: the 2010 Standards;the 2010 Standards; the 1991 Standards (no elevator exception); or the 1991 Standards (no elevator exception); or the Uniform Federal Accessibility Standards the Uniform Federal Accessibility Standards

(UFAS).(UFAS).

Must follow choice consistently in a facility.

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Title III: Applicable Standards Until Compliance Date

Until March 15, 2012Until March 15, 2012, entities can choose , entities can choose to use:to use: the 2010 Standards or the 2010 Standards or the 1991 Standards.the 1991 Standards.

Must follow choice consistently in a facility.Must follow choice consistently in a facility.

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As of March 15, 2012

The 2010 Standards replace the The 2010 Standards replace the 1991 Standards and must be 1991 Standards and must be

followed.followed.

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What Standards Apply to Existing Facilities?

Title II — Program accessibilityTitle II — Program accessibility

Title III — Readily achievable barrier Title III — Readily achievable barrier removal removal

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Definition of “Existing Facility”

Rules add a definition of “Existing Rules add a definition of “Existing Facility”Facility”

An “existing facility” is “…a facility in An “existing facility” is “…a facility in existence on any given date, without existence on any given date, without regard to whether the facility may also regard to whether the facility may also be considered newly constructed or be considered newly constructed or altered under this part.”altered under this part.”

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Safe Harbor – Existing Facilities

Elements that Elements that complycomply with the corresponding with the corresponding requirements for those elements in the 1991 requirements for those elements in the 1991 Standards Standards do not need to be modified do not need to be modified to meet to meet the 2010 Standards unless those elements the 2010 Standards unless those elements are altered on or after March 15, 2012. are altered on or after March 15, 2012.

Safe Harbor Safe Harbor does not apply does not apply to those elements to those elements in existing facilities that are not subject to in existing facilities that are not subject to specific requirements in the 1991 Standards.specific requirements in the 1991 Standards.

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Supplemental Requirements: No Safe Harbor

Amusement Rides;Amusement Rides; Recreational Boating Facilities;Recreational Boating Facilities; Exercise Machines and Equipment;Exercise Machines and Equipment; Fishing Piers and Platforms;Fishing Piers and Platforms; Golf and Miniature Golf Facilities;Golf and Miniature Golf Facilities; Play Areas;Play Areas; Saunas and Steam Rooms;Saunas and Steam Rooms; Swimming Pools, Wading Pools and Spas;Swimming Pools, Wading Pools and Spas; Shooting Positions with Firing Positions; andShooting Positions with Firing Positions; and Miscellaneous: Team/Player Seating, Accessible Miscellaneous: Team/Player Seating, Accessible

Routes to Bowling Lanes and Court Sports Routes to Bowling Lanes and Court Sports Facilities.Facilities.

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Noncomplying Facilities

Noncomplying title II and title III facilities, i.e., Noncomplying title II and title III facilities, i.e., facilities built after the compliance date for facilities built after the compliance date for the 1991 Standards, but that are the 1991 Standards, but that are notnot in in compliance with those standards, compliance with those standards, mustmust be be modified as follows:modified as follows:

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Noncomplying Facilities Continued

Before March 15, 2012 Before March 15, 2012 choice ofchoice of::1991 Standards1991 Standards2010 Standards 2010 Standards UFAS (Title II only)UFAS (Title II only)

On or after March 15, 2012, On or after March 15, 2012, covered entities must bring their covered entities must bring their noncomplying facilities into noncomplying facilities into compliance with the 2010 Standards. compliance with the 2010 Standards.

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Selected Changes to Selected Changes to Nondiscrimination Requirements:Nondiscrimination Requirements:

Wheelchairs and Other Power-Driven Wheelchairs and Other Power-Driven Mobility Devices Mobility Devices

Communication and Auxiliary AidsCommunication and Auxiliary Aids

Service AnimalsService Animals

TicketingTicketing

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New Definitions

WheelchairWheelchair Other Power-Driven Mobility DeviceOther Power-Driven Mobility Device Direct threat in title II (mirrors title III)Direct threat in title II (mirrors title III) Revised definitions of Auxiliary Aids and Revised definitions of Auxiliary Aids and

Services and Qualified InterpreterServices and Qualified Interpreter Qualified ReaderQualified Reader Video Remote Interpreting (VRI) ServiceVideo Remote Interpreting (VRI) Service Service AnimalService Animal

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Wheelchairs andWheelchairs andOther Power-Driven Mobility Other Power-Driven Mobility

DevicesDevices

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Mobility Devices:Overview of Changes

Adds a definition of “wheelchair.”Adds a definition of “wheelchair.”

Adds a definition of “other power-Adds a definition of “other power-driven mobility device.”driven mobility device.”

Provides a number of general Provides a number of general provisions regarding these two provisions regarding these two categories of mobility devices. categories of mobility devices.

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Definition of Wheelchair § 35.104 (title II); § 36.104 (title III)

““A manually-operated or power-A manually-operated or power-driven device designed primarily for driven device designed primarily for use by an individual with a mobility use by an individual with a mobility disability for the main purpose of disability for the main purpose of indoor, or of both indoor and outdoor indoor, or of both indoor and outdoor locomotion.”locomotion.”

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Use of Wheelchairs

Covered entities must permit individuals Covered entities must permit individuals with mobility disabilities to use with mobility disabilities to use wheelchairs in any area open to wheelchairs in any area open to pedestrian use. pedestrian use.

Must also allow individuals with mobility Must also allow individuals with mobility disabilities to use manually-powered disabilities to use manually-powered mobility aids (includes include walkers, mobility aids (includes include walkers, crutches, canes, braces, or other similar crutches, canes, braces, or other similar devices) in areas open to pedestrian use. devices) in areas open to pedestrian use.

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Other Power-Driven Mobility Device (OPDMD) Defined

““[A]ny mobility device powered by [A]ny mobility device powered by batteries, fuel, or other engines—batteries, fuel, or other engines—whether or not designed primarily for whether or not designed primarily for use by individuals with mobility use by individuals with mobility disabilities—that is used by disabilities—that is used by individuals with mobility disabilities individuals with mobility disabilities for the purpose of locomotion.”for the purpose of locomotion.”

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Definition of “OPDMD,” Continued

Includes:Includes:

Golf cars;Golf cars;

Electronic personal assistance mobility Electronic personal assistance mobility devices (e.g., Segway®); ordevices (e.g., Segway®); or

Any mobility device that is not a Any mobility device that is not a wheelchair that is designed to operate in wheelchair that is designed to operate in areas without defined pedestrian routes.areas without defined pedestrian routes.

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Use of OPDMDs

§ 35.137 (title II); § 36.311 (title III)

Covered entities must make reasonable Covered entities must make reasonable modifications to permit individuals with modifications to permit individuals with mobility disabilities to use OPDMDs, unless. . . mobility disabilities to use OPDMDs, unless. . .

the entitythe entity can demonstrate that the can demonstrate that the classclass of OPDMD cannot be operated of OPDMD cannot be operated in accordance with legitimate in accordance with legitimate safety requirements adopted by the entity.safety requirements adopted by the entity.

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Reasonable Modifications Regarding OPDMDs

Burden on entity to show it is not Burden on entity to show it is not reasonable to allow OPDMD on premises reasonable to allow OPDMD on premises or portion of premises. or portion of premises.

Assessment is made regarding the Assessment is made regarding the classclass of of devices, instead of an devices, instead of an individual's use individual's use of of the device.the device.

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OPDMD Assessment Factors

Covered entities must consider specific Covered entities must consider specific assessment factors to determine whether a assessment factors to determine whether a reasonable modification can be made.reasonable modification can be made.

Type, size, weight, dimensions and Type, size, weight, dimensions and speed of device;speed of device;

Facility’s volume of pedestrian traffic;Facility’s volume of pedestrian traffic; Facility’s design and operational Facility’s design and operational

characteristics;characteristics;

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OPDMD Assessment Factors

Whether legitimate safety requirements Whether legitimate safety requirements can be established to permit safe can be established to permit safe operation of the OPDMD in the specific operation of the OPDMD in the specific facility; andfacility; and

Whether there is a substantial risk of Whether there is a substantial risk of substantial harm to immediate substantial harm to immediate environment or natural or cultural environment or natural or cultural resources; conflicts with Federal land resources; conflicts with Federal land management laws and regulations.management laws and regulations.

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Legitimate Safety Requirements

Described in § 35.130, new for Title II Described in § 35.130, new for Title II entities.entities.

Legitimate safety requirements necessary for Legitimate safety requirements necessary for safe operation are permissible.safe operation are permissible.

Must be based on actual risks, not on mere Must be based on actual risks, not on mere speculation, stereotypes, or generalizations speculation, stereotypes, or generalizations about individuals with disabilities.about individuals with disabilities.

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Impermissible Questions

Entities may Entities may notnot ask an individual using a ask an individual using a wheelchair or other power-driven mobility wheelchair or other power-driven mobility device questions about the nature and device questions about the nature and extent of the individual’s disability.extent of the individual’s disability.

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Permissible Questions

The rules allow covered entities to ask The rules allow covered entities to ask persons using an other power-driven persons using an other power-driven mobility device to provide a “credible mobility device to provide a “credible assurance” that the device is required assurance” that the device is required because of the person’s disability.because of the person’s disability.

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Credible Assurance

A valid, disability parking placard or card, or A valid, disability parking placard or card, or other State-issued proof of disability: one other State-issued proof of disability: one that is presented by the individual to whom that is presented by the individual to whom it was issued and is otherwise in compliance it was issued and is otherwise in compliance with the State of issuance’s requirements.with the State of issuance’s requirements.

In lieu of valid placard, card, or other State-In lieu of valid placard, card, or other State-issued proof of disability, verbal issued proof of disability, verbal representation, not contradicted by representation, not contradicted by observable fact, that the OPDMD is being observable fact, that the OPDMD is being used because of a mobility disability.used because of a mobility disability.

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Communications andCommunications andAuxiliary Aids and ServicesAuxiliary Aids and Services

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General Rule: Title II

““A public entity shall take appropriate steps A public entity shall take appropriate steps to ensure that communications with to ensure that communications with applicants, participants, members of the applicants, participants, members of the public, and companions with disabilities are public, and companions with disabilities are as effective as communications with as effective as communications with others.”others.”

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General Rule: Title III

““A public accommodation shall take those A public accommodation shall take those steps that may be necessary to ensure that steps that may be necessary to ensure that no individual with a disability is excluded, no individual with a disability is excluded, denied services, segregated or otherwise denied services, segregated or otherwise treated differently than other individuals treated differently than other individuals because of the absence of auxiliary aids because of the absence of auxiliary aids and services….”and services….”

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Individuals with Disabilities

Individuals who are deaf or hard of Individuals who are deaf or hard of hearing;hearing;

Individuals who are blind or have low Individuals who are blind or have low vision; andvision; and

Individuals who have speech-related Individuals who have speech-related disabilities.disabilities.

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Effective Communication

§ 35.160 Title II (“Communications”)§ 35.160 Title II (“Communications”) § 36.303 Title III (“Auxiliary Aids and § 36.303 Title III (“Auxiliary Aids and

Services”)Services”)

Definition of auxiliary aids revised to include Definition of auxiliary aids revised to include additional examples such as:additional examples such as: Accessible electronic and information Accessible electronic and information

technology.technology. Qualified interpreters Qualified interpreters on-site or on-site or

through video remote interpreting servicesthrough video remote interpreting services..

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Other Examples. . .

Other examples of auxiliary aids and Other examples of auxiliary aids and services:services: Voice, text, and video-based Voice, text, and video-based

telecommunications products and telecommunications products and systems.systems.

Braille or tactile displays.Braille or tactile displays. Screen reader software.Screen reader software.

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Qualified Reader

““Qualified reader” defined as “…a Qualified reader” defined as “…a person who is able to read effectively, person who is able to read effectively, accurately, and impartially, using any accurately, and impartially, using any necessary specialized vocabulary.”necessary specialized vocabulary.”

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Qualified Interpreter

““Qualified interpreter” defined as “An Qualified interpreter” defined as “An interpreter who, via video remote interpreter who, via video remote interpreting (VRI) service or an on-site interpreting (VRI) service or an on-site appearance, is able to interpret appearance, is able to interpret effectively, accurately, and effectively, accurately, and impartially, both receptively and impartially, both receptively and expressively, using any necessary expressively, using any necessary specialized vocabulary…”specialized vocabulary…”

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Types of Auxiliary Aids or Services:Factors to Consider

Type of auxiliary aid or service will vary in accordance with: Method of communication used by

individual; Nature, length, and complexity of

communication involved; and The context in which communication is

taking place. Provide auxiliary aids in accessible

formats, in timely manner, and in manner that protects privacy and independence of individual.

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Revisions to Effective Communication Requirements

Companions with disabilities.Companions with disabilities. Discussion of types of auxiliary aids and Discussion of types of auxiliary aids and

services that are necessary to ensure services that are necessary to ensure effective communication.effective communication.

Limitations on use of individual Limitations on use of individual accompanying person with a disability as accompanying person with a disability as an interpreter. an interpreter.

Performance standards for video remote Performance standards for video remote interpreting services.interpreting services.

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Companions

Covered entities must communicate Covered entities must communicate effectively with companions with effectively with companions with disabilities, as appropriate.disabilities, as appropriate.

Companion defined as “family member, Companion defined as “family member, friend, or associate of an individual friend, or associate of an individual seeking access to a service, program or seeking access to a service, program or activity of a public entity, who along activity of a public entity, who along with such individual is an appropriate with such individual is an appropriate person with whom the public entity person with whom the public entity should communicate.”should communicate.”

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Video Remote Interpreting

Definition:Definition:

““An interpreting service that uses An interpreting service that uses video video conference technology over conference technology over dedicated lines dedicated lines or wireless or wireless technology offering high-speed, technology offering high-speed, wide-bandwidth video connection that wide-bandwidth video connection that

delivers high-quality video delivers high-quality video images…”images…”

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Video Remote Interpreting: Standards

DOJ standards require:DOJ standards require: Quality of video and audio that is high Quality of video and audio that is high

quality, clear, real-time, with clear quality, clear, real-time, with clear uninterrupted images;uninterrupted images;

Dedicated high-speed connection;Dedicated high-speed connection; Picture: Clear, sufficiently large, and Picture: Clear, sufficiently large, and

sharply delineated, showing face, arms, sharply delineated, showing face, arms, hands and fingers;hands and fingers;

Voices: clear and easily understood Voices: clear and easily understood transmission; transmission; andand

Quick set-up and training of users.Quick set-up and training of users.44

Use of Adults Accompanying Individual With a Disability

Public entities shall not require individual to bring own interpreter.

Public entities shall not require adults accompanying individual to interpret except: In emergency involving imminent threat

to safety or welfare of individual or public and no interpreter available, or

Where specific request by person with disability, accompanying adult agrees, and reliance on that person is appropriate under circumstances.

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Use of Children as Interpreters

Only permissible in emergency involving Only permissible in emergency involving imminent threat to safety or welfare of an imminent threat to safety or welfare of an individual or the public where there is individual or the public where there is no no

interpreter availableinterpreter available..

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Service AnimalsService Animals

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Service Animals

Revises “service animal” definition in title Revises “service animal” definition in title III;III;

Adds “service animal” definition and Adds “service animal” definition and service animal provisions to title II; andservice animal provisions to title II; and

Codifies a variety of the Department’s Codifies a variety of the Department’s

longstanding policies and interpretations longstanding policies and interpretations regarding service animals. regarding service animals.

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Definition of Service Animal (§ 35.104 in Title II and § 36.104 in Title III)

“ “Service animal means any dog that is individually Service animal means any dog that is individually trained to do work or perform tasks for the benefit trained to do work or perform tasks for the benefit of an individual with a disability, including a of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other physical, sensory, psychiatric, intellectual, or other mental disability… The work or tasks performed by mental disability… The work or tasks performed by a service animal must be a service animal must be directly related directly related to the to the individual's disability…” individual's disability…”

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What does this mean?

Limits the species of service animals Limits the species of service animals to dogs; to dogs;

Makes clear that comfort or Makes clear that comfort or emotional support animals are not emotional support animals are not covered; andcovered; and

Makes clear that individuals with Makes clear that individuals with physical, sensory, psychiatric or physical, sensory, psychiatric or other mental disabilities can use other mental disabilities can use service animals.service animals.

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Definition: Species Limitation

Service animals are now limited to one Service animals are now limited to one species — dogs. species — dogs.

The definition provides that other The definition provides that other animals besides dogs, whether wild or animals besides dogs, whether wild or domestic, do not qualify as service domestic, do not qualify as service animals. animals.

The Department’s rules do not affect The Department’s rules do not affect coverage of other animals under other coverage of other animals under other laws, like the Fair Housing Act or Air laws, like the Fair Housing Act or Air Carrier Access Act. Carrier Access Act.

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Definition: Do Work or Perform Tasks

Requires that the dog be Requires that the dog be individually individually trained to do work or perform taskstrained to do work or perform tasks..

The work or tasks performed by a The work or tasks performed by a service animal must be service animal must be directly directly related related to the individual's disability. to the individual's disability.

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Definition: Do Work or Perform Tasks ……. Continued

Includes a non-exhaustive list of examples Includes a non-exhaustive list of examples of work and tasks, such as retrieving of work and tasks, such as retrieving items, e.g., medicine or telephone.items, e.g., medicine or telephone.

Covers individuals with psychiatric, Covers individuals with psychiatric, intellectual, or other mental disability that intellectual, or other mental disability that use service animals. use service animals.

Example: Helping persons with psychiatric Example: Helping persons with psychiatric and neurological disabilities by reminding to and neurological disabilities by reminding to take medication, preventing or interrupting take medication, preventing or interrupting impulsive or destructive behaviors. impulsive or destructive behaviors.

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Emotional Support Animals

Because service animals must do work Because service animals must do work or perform or perform tasks, emotional support and , emotional support and comfort animals comfort animals are not included are not included in the in the definition of service animal.definition of service animal.

The provision of emotional support, The provision of emotional support, well-being, comfort, or companion- well-being, comfort, or companion- ship ship do not constitute work or do not constitute work or taskstasks for the purposes of the for the purposes of the service animal definition.service animal definition.

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Revisions to General Service Animal Provisions

§ 35.136 (title II); § 36.302(c) (title III)

Overview of changes:Overview of changes: Provides when a service animal can be Provides when a service animal can be

excluded. excluded. Requires animal to be under handler’s Requires animal to be under handler’s

control.control. Provides guidance on inquiries. Provides guidance on inquiries. Care and supervision. Care and supervision. Access to all areas open to public. Access to all areas open to public. Surcharges. Surcharges.

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Exclusion of Service Animals

General rule is that covered entities must General rule is that covered entities must permit service animals. The revised rules, permit service animals. The revised rules, however, add two specific exceptions for however, add two specific exceptions for when service animals can be excluded:when service animals can be excluded: The animal is out of control and the

handler does not take effective action to control it; or

The animal is not housebroken. .

The handler should be given the opportunity The handler should be given the opportunity to participate without the animal.to participate without the animal.

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“Under Handler’s Control”

Must have harness, leash, or other tether.Must have harness, leash, or other tether.

If handler is unable to use these because If handler is unable to use these because of his or her disability or because use of his or her disability or because use would interfere with the safe and effective would interfere with the safe and effective performance of work or tasks, then the performance of work or tasks, then the animal must otherwise be under the animal must otherwise be under the handler’s control ( i.e., voice control, handler’s control ( i.e., voice control, signals, or other effective means.)signals, or other effective means.)

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Permissible Inquiries

Only Only twotwo inquiries may be made by inquiries may be made by covered entities: covered entities: Whether the animal is required because Whether the animal is required because

of a of a disability; anddisability; and What work or task the animal has been What work or task the animal has been

trained to perform.trained to perform. Generally, inquiries may not be made Generally, inquiries may not be made

when it when it is readily apparent that an is readily apparent that an animal is trained animal is trained to do work or perform to do work or perform tasks for an individual tasks for an individual with a disability.with a disability.

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Miscellaneous Provisions

Covered entities are not responsible for Covered entities are not responsible for the care or supervision of a service the care or supervision of a service animal. animal.

Service animals may accompany their Service animals may accompany their handlers to areas of a public handlers to areas of a public accommodation or public entity.accommodation or public entity.

Covered entities may not require people Covered entities may not require people with disabilities to pay pet fees or with disabilities to pay pet fees or surcharges that are not applicable to surcharges that are not applicable to individuals without pets.individuals without pets.

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Miniature HorsesMiniature Horses

Beyond Service AnimalsBeyond Service Animals

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Miniature Horse Requirements

Rules require reasonable modifications to Rules require reasonable modifications to permit a miniature horse that has been permit a miniature horse that has been individually trained to do work or perform individually trained to do work or perform tasks.tasks.

Rules provide assessment factors to assist Rules provide assessment factors to assist entities in determining whether reasonable entities in determining whether reasonable modifications can be made. modifications can be made.

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Miniature Horses

Miniature horses range in weight from 70 to Miniature horses range in weight from 70 to 100 pounds.100 pounds.

Miniature horses can range in height from Miniature horses can range in height from 24 to 34 inches. 24 to 34 inches.

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Assessment Factors

The type, size, and weight of the horse The type, size, and weight of the horse and whether the facility can accommodate and whether the facility can accommodate those features.those features.

Handler has sufficient control of the horse.Handler has sufficient control of the horse. Horse must be housebroken.Horse must be housebroken. Whether the horse’s presence in a specific Whether the horse’s presence in a specific

facility compromises legitimate safety facility compromises legitimate safety requirements. requirements.

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Other Requirements forMiniature Horses

§ 35.136(c)-(h)’s § 35.136(c)-(h)’s and § 36.302(c)(3)-and § 36.302(c)(3)-(8)’s service animal (8)’s service animal requirements also requirements also apply to miniature apply to miniature horses. horses.

Admit person with Admit person with a disability even if a disability even if animal is properly animal is properly excluded.excluded.

Care and Care and supervision.supervision.

Inquiries.Inquiries. Access to all public Access to all public

areas.areas. Surcharges. Surcharges.

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Ticketing: Ticketing: A VERY Brief OverviewA VERY Brief Overview

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Ticketing: General Provisions § 35.136 (title II); § 36.302(c) (title III) Policy is not new - always been our

understanding that ticketing policies are covered to provide equal opportunity.

However, policy had never been fully

articulated in one document before.

Why?

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Who Can Purchase a Seat? Individuals who use wheelchairs;Individuals who use wheelchairs;

Individuals with other mobility disabilities Individuals with other mobility disabilities who cannot walk for long distances (cardiac, who cannot walk for long distances (cardiac, respiratory, circulatory conditions; severe respiratory, circulatory conditions; severe arthritis); andarthritis); and

Others who require the features of Others who require the features of accessible seat (i.e., service dog user whose accessible seat (i.e., service dog user whose dog cannot fit under a non-accessible seat dog cannot fit under a non-accessible seat or would obstruct the aisle).or would obstruct the aisle).

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Overview of Ticketing Provisions

Ticket sales: tickets for accessible seats must be sold in the same manner and under the same conditions as all other ticket sales.

Information about where accessible seats are located: must provide the same information about accessible seats as provided about non-accessible seats, using the same text and visual representations.

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Ticketing Provisions – Cont’d

Ticket prices: May not charge higher prices for accessible seats than for non-accessible seats in the same seating section.

Purchasing multiple tickets: People purchasing an accessible seat may purchase up to three additional seats for their companions in the same row and contiguous with the accessible seat. Accessible seats may be used as companion seats.

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Ticketing Provisions – Cont’d

Hold and Release of tickets for accessible seating: Unsold accessible Unsold accessible seats may be released and sold to the seats may be released and sold to the general public only in three specific general public only in three specific circumstances. circumstances.

Ticket transfers:Ticket transfers: An individual with a An individual with a ticket for an accessible seat may transfer ticket for an accessible seat may transfer it to anyone, including someone who does it to anyone, including someone who does not have a disability.not have a disability.

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Ticketing Provisions – Cont’d

Secondary ticket market: Must allow Must allow individual with a disability who has individual with a disability who has purchased a non-accessible seat purchased a non-accessible seat through the secondary market to through the secondary market to exchange theexchange the ticket for a comparable ticket for a comparable accessible seat, if available. May move accessible seat, if available. May move someone, but not required to do so.someone, but not required to do so.

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Ticketing Provisions – Cont’d

Fraud: Venues cannot require proof of disability as a condition for purchasing tickets for accessible seats. However, venues ….. May ask purchasers to attest to the need for the

accessible seat. May also mark tickets to clearly identify that

they are for accessible seats. May investigate the potential misuse of

accessible seats where there is good cause to believe that seating was purchased fraudulently.

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ResourcesResourcesRegulations, appendices, standards are Regulations, appendices, standards are

available at DOJ’s ADA web site at available at DOJ’s ADA web site at www.ada.govwww.ada.gov. .

For answers to specific questions, DOJ toll-free For answers to specific questions, DOJ toll-free ADA information line: ADA information line:

800-514-0301 (Voice) 800-514-0301 (Voice)

800-514-0383 (TTY) 800-514-0383 (TTY)

Mid-Atlantic ADA Center(DBTAC):Mid-Atlantic ADA Center(DBTAC):

800-949-4232 (Voice/TTY)800-949-4232 (Voice/TTY)www.adainfo.org

U.S. Access Board web site:U.S. Access Board web site:www.access-board.gov 73