Other Power-Driven Mobility Devices
Q: I am a concert organizer. A ticket holder has asked to bring their golf cart to the outdoor event as they use it as a mobility aid. Do I have to allow the use of golf carts?
A: People with disabilities may use a variety of devices as mobility aids according to what best meets their needs. While many people are familiar with individuals using a wheelchair or scooter, the Americans with Disabilities Act (ADA) does permit the use of other power-driven mobility devices (OPMDs). Golf carts and Segways®, or other mobility devices may be included as an OPMD. Public accommodations under Title III or public entities under Title II of the ADA may need to allow the use of a device for a person with a mobility disability even if the same device would be prohibited for someone without a disability.
You as the public accommodation have the right to assess if the device cannot be accommodated due to legitimate safety concerns. This must be based on actual risks and must not be speculative. In their fact sheet, ADA Requirements: Wheelchairs, Mobility Aids, and Other Power-Driven Mobility Devices, The Department of Justice (DOJ) provides the following risk assessment factors to consider:
- the type, size, weight, dimensions, and speed of the device;
- the facility's volume of pedestrian traffic (which may vary at different times of the day, week, month, or year);
- the facility's design and operational characteristics (e.g., whether its business is conducted indoors or outdoors, its square footage, the density and placement of furniture and other stationary devices, and the availability of storage for the OPDMD if needed and requested by the user);
- whether legitimate safety requirements (such as limiting speed to the pace of pedestrian traffic or prohibiting use on escalators) can be established to permit the safe operation of the OPDMD in the specific facility; and
- whether the use of the OPDMD creates a substantial risk of serious harm to the immediate environment or natural or cultural resources, or poses a conflict with Federal land management laws and regulations.
You can learn more by reading the fact sheet, Wheelchairs and Other Power-Driven Mobility Devices.
So, in your case with an outdoor concert, it may be difficult to accommodate a golf cart depending on the lay-out of the physical space and size of the crowd in the venue. However, if you cannot accommodate a golf cart, you must consider if there is either another OPMD that you could permit or if you could provide some other means of access to the concert.
Service Animals on Airplanes
Q: Recently the Department of Transportation (DOT) changed the rules for service animals and emotional support animals on airplanes. Why was this done?
A: The DOT made these changes to avoid problems with animals on airplanes. Some passengers were bringing exotic animals on board as emotional support animals. Also, in some cases, passengers were attacked by agressive, untrained dogs. The Service Animal Final Rule under the Air Carrier Access Act no longer recognizes emotional support animals as service animals and provides that service animal handlers attest that their animals have been adequately trained. The announcement of the final ruling was issued in December of 2020.
Accommodations and Job Training
Q: I am a vocational counselor. I referred a customer for training and then was informed by the training provider that would not accept the customer because he is dyslexic, and they did not have the dedicated staff available to assist him with all the reading material necessary to successfully complete the training and exam. Have they violated the ADA?
A: That is a difficult call. The training agency is responsible for providing effective communication and auxiliary aids and services to facilitate that communication. Certainly, one solution would have been to have a qualified reader for any materials that were expected to be read during the training and exam.
However, alternative options should have been considered. For example, the training organization could have provided pre-recorded materials as an alternative to an in-person qualified reader. Or if the reading and exam was in an electronic format, they could have offered the materials in an accessible electronic format combined with the use of a computer with built-in assistive technology, such as Narrator screen reader on a Windows PC, or a free downloadable product, such as NVDA (nonvisual desktop access).
Even though the training organization said that they could not provide a qualified reader for all the course time, they are still responsible for investigating other solutions. They still have an obligation to find an effective communication alternative as long as it would not cause an undue burden.
Temporary Events and Communication
Q: I am organizing an outdoor concert and was told that our medical tent would have to have a sign language interpreter there at all times. There will be interpreters at the event, but do I have to assign one to the medical tent?
A: In general no. Much like a doctor’s office or an emergency room, interpreters are not typically present on staff. That being said, the medical tent still must provide effective communication by other means if an interpreter is not present. Depending on a given situation, interpreters should be brought in from other areas of the event when requested or necessary.
You can read more about effective communication in this article on NortheastADA.org.
Q: We have a campground available for people attending an outdoor concert. A patron called and asked if they could have electricity at their tent site as they use a CPAP machine at night. We do not usually offer this; do I need to accommodate them?
A: In this case, it depends. In general, if this is not a service provided to others then the answer could be no. What the campground would need to assess is whether electricity could be provided relatively easily without causing an undue burden and would the accommodation provide equal access for the camper. If the answers are yes, then the accommodation should be made.
Q: My town agreed to come onto my property to pick up the garbage, as I cannot do any heavy lifting. I asked if they could also pick up my bagged yard waste but they refused and cited that it is against their policy. As they are already accommodating me, should they have refused my additional request?
A: No, a Title II entity should look at modifying their policies to accommodate homeowners when receiving municipal services. As the entity has already provided a similar accommodation, the new request should be granted unless they can show an undue burden.
Accessible On-street Parking
Q: I've found the ADA standards for accessible parking in parking lots, but I have never found anything for street parking that have marked-out or metered on-street parking spaces. Is there a standard or recommendation for percentages and locations of accessible parking on the street?
A: While the 2010 ADA Standards for Accessible Design do not contain technical requirements for the design of on-street accessible parking spaces, nor scoping requirements that regulate how many spaces must be accessible, Title II of the ADA clearly applies to on-street parking programs offered by state or local government entities. One of the best practice documents often applied to achieve accessibility in on-street parking design is the Public Rights of Way Accessibility Guidelines (PROWAG), issued by the United States Access Board. While PROWAG is not yet an enforceable standard under the ADA, it is often used by local governments that want to provide access for people with disabilities utilizing on street parking spaces.
In terms of how many on-street parking spaces should be accessible, Section R214 of the PROWAG states that “Where on-street parking is provided on the block perimeter and the parking is marked or metered, a minimum number of parking spaces must be accessible and comply with the technical requirements for parking spaces in Chapter R3. For every 25 parking spaces on the block perimeter up to 100 spaces, one parking space must be accessible. For every additional 50 parking spaces on the block perimeter between 101 and 200 spaces, an additional parking space must be accessible. Where more than 200 parking spaces are provided on the block perimeter, 4 percent of the parking spaces must be accessible.”
The design of accessible on-street parking spaces is addressed in Section R309 of the PROWAG. The technical requirements hinge on the width of the sidewalk adjoining the on-street parking. Where the width of the adjacent sidewalk or available right-of-way exceeds 14 feet, an access aisle at least 5 feet wide must be provided at street level the full length of the parking space and it must connect to a pedestrian access route. The access aisle cannot encroach on the vehicular travel lane.
What about COVID-19?
Q: What COVID-19 resources do you recommend?
A: First, let’s acknowledge that coping with COVID-19 can be very difficult, and we hope you’re doing okay with whatever challenges brought you here today. We also want to mention that we don’t give medical or legal advice, so be sure to contact an expert if you need that sort of help. Second, we’ve listed below some training sessions and resources that staff from the Northeast ADA Center have been involved in creating, plus some federal and regional resources.
Resources from the Northeast ADA:
Resources in New York:
Resources in New Jersey:
- New Jersey Department of Health: This site offers updates and resources about COVID-19 as it relates to New Jersey, including essential services and employment protections.
- New Jersey 2-1-1: By calling 211 or visiting this website, New Jersey residents can find available resources in their communities.
Resources in Puerto Rico and the US Virgin Islands:
For updates about the novel coronavirus in your community, visit the website for your county’s Department of Health. If you have symptoms and worry that you have COVID-19, please contact your health care provider.
Churches and Coffee Bars
Q: I am a parishioner at a church in New Jersey. We are constructing a coffee bar in our church. The bar will have a sink on the serving side. What are the ADA requirements for the bar and sink on both the serving and “customer” sides?
A: Although the ADA does not apply to the design of churches and other places of worship, the New Jersey building code requires accessibility in assembly areas such as churches.
If the sink is only used by “employees,” it is technically not required to be accessible; however, it is advisable to provide access to the sink to accommodate an employee who may require access at a future date.
If the sink were to be used by patrons/parishioners, then the sink height is limited to 34 inches above the finish floor. You do not need clearance underneath the sink for someone seated in a wheelchair if you do not have a cooktop/oven in the area described in your question.
On the patron/parishioner side of the bar, you need at least a 30-inch section of counter that is no higher than 36 inches above the finish floor, or you could drop the entire bar to 36 inches high. This height would apply to the type of bar where people are perhaps grabbing items often found on these types of counters, such as sugar, creamer, and napkins.
If people will be seated or standing at the bar, however, at least 5% of the seated/standing spaces must be accessible and the height of the counter surface is limited to 34 inches maximum above the finish floor. There must be clearance underneath the bar for a front approach (on the customer side) by someone seated in a wheelchair.
Nonprofits and Religious Entities
Q: I am trying to find out if a 501(c)(3) is a “religious entity” for ADA purposes (i.e., accommodations in a day care). I am having no luck. Is there a place to look on tax forms or such that would answer this question of if they are a “religious entity” for ADA purposes?
A: No, there is no place on a form that indicates if a nonprofit is a religious entity exempt from Title III of the Americans with Disabilities Act (ADA). When trying to determine whether it is a religious entity or not under the ADA, the key is to look if the nonprofit in question is directly controlled by a religious entity. Some organizations rent space from religious entities, operating a private daycare out of a church, synagogue, or mosque for example. Such places are covered by Title III even though they are physically housed in a religious entity.
There are also occasions where a religious entity controlled an organization, but over the years that organization has become independent but retained the original name (possibly conveying a religious affiliation). Those organizations are, in fact, covered by the ADA.
So, it boils down to a matter of the control of the operation of an organization to determine its status under the ADA.
To learn more, read the ADA National Network fact sheet Religious Entities Under the Americans with Disabilities Act.