Ask the Department of Justice (DOJ): Open Question and Answer Session


Tuesday, June 12, 2018
2:00 PM Eastern Time Zone

Description

Do you have a burning question regarding the non-discrimination in programs and services provisions of the ADA? Is there a policy or procedural issue that you are confused about? Do you have questions about service animals vs emotional support animals under the ADA? Are you clear about what constitutes undue hardship under the ADA? What are the guidelines regarding the provision of VRI versus Sign Language Interpreters during medical or professional services appointments? Join us for this popular session where you will have an opportunity to ask your question. We will be accepting questions in advance of the session. The first 25 questions submitted will be given priority and then we will take questions “live” during the session as well.

Speakers:

Questions for presenters:

  • Can an individual have multiple service animals?
  • Is a court required to provide accommodation for a potential juror who has indicated that he is "morbidly obese" and can only serve if accommodations (as yet unidentified) are provided?
  • What accommodations does a city government have to provide for access to information i.e. if the codified ordinances will not download and they claim not to have printed copies? Moreover, can it be considered a disability issue if a city official that you need to conduct business with is repeatedly not there when you go in to the city building to handle issues (like applying for a permit), if they keep telling you to come back at another time, and refuse to make appointments. Is this something that can be addressed as ADA non-compliance?
  • Will the guidance that was removed be updated and reissued? As for the removed/valid guidance regarding Olmstead, will this be made a part of some clarifying directive?
  • Are we going to see a harmonized Accessibility Standard?
  • Would a mobile hygiene center used at shelters have to be accessible? If so, would the DOJ recommend complying with the 2010 ADA Standards provision for accessible bathing rooms? Would all the bathrooms, if there were 3 in the trailer have to be accessible or could a Title II entity justify program access by only making one accessible because to make all accessible, the trailer could only accommodate 2 bathing rooms instead of 3?
  • Is the DOJ planning to adopt the Access Board's guidelines for Outdoor Developed Areas? In the meantime, what is the DOJ's recommendation for entities designing new or altering existing areas such as camping facilities or picnic facilities?
  • For the design of public rights-of-way, should an entity be using the 2010 ADA Standards for Accessible Design or can they apply the Access Board's proposed public rights-of-way accessibility guidelines?
  • With regards to ticketing and wheelchair accessible seating, if an individual has a service animal, must the animal stay within the patron's wheelchair space? If the animal is large, can they use the adjacent wheelchair space if it is open and can the venue ask the patron to pay for the "companion seat" for their service animal?
  • Is there any update with regard to DOJ and regulations for website accessibility?
  • Is there an update from DOJ regarding taxi services having to modify their mini van-type vehicles to make them accessible to users of wheelchairs? And what is the latest information regarding accessibility requirements of ride services such as Uber and Lyft, under Title III of the ADA?
  • A college rents rooms to non-students from out of town in the summers. The college is not providing ADA-compliant appliances nor room furnishings, requires service dog users to go through admission interviews to live in the dorm, and has refused to let the wheelchair-user’s mobility service dog play off leash under the wheelchair-user’s supervision. How should this Wheelchair user proceed?
  • Does the newer "dynamic" accessible icon being used in replace of ISO 703.7.2 comport to equivalent facilitation in 103 of the 2010 ADA Standards for Accessible Design? I believe it does but my interpretation has come into question after a recent DOT ruling and a March of 2017 "Guidance" from the US Access Board.
  • When calculating the disproportionate cost for construction, how is the 20% arrived at? If the construction budget is $100K does that make it $120K by adding to it the 20%? Or, is 20% of $100K require to be set aside (i.e. $17K), reducing the available "other costs" to $83K?
  • The 2010 Standards allows for 50% of clustered toilet rooms to be not accessible. Has the DOJ made a determination as to whether or not they will accept that same provision for clustered bathing rooms?
  • When the 2010 Standards were adopted, it is my understanding that the LULA was not recognized as acceptable for accessibility because it was not seem as a *real* elevator. Has that changed? And, under what circumstances would a LULA be acceptable for providing accessibility?
  • The 2010 Standards (and prior 1991 standards) allow an exception for buildings that are not more than three stories (with notable caveats). It appears to ignore mezzanines until an elevator is required but then would require access to all mezzanines. In a three story building with elevator access, that would otherwise allowed to NOT provide an accessible routes, is it the intent that elevator access be required to every mezzanine? I'm thinking of a case where there is a multi-story office attached to a factory with an elevator in the office and a mezzanine break room and locker area in the factory. Please advise.
  • If a service animal appears to have fleas, or is very dirty and smells bad, can staff refuse to allow the service animal into a Title II facility until it has been groomed?
  • Per DOJ's 'Frequently Asked Questions about Service Animals and the ADA", service animals are are not exempt from local animal control or public health requirements, and are subject to local dog licensing and registration requirements. May a Title II entity's staff require proof of current vaccinations, such as a tag issued by the local animal control department.
  • If a Title II agency adopts the proposed Public Right of Way Guidelines into their local policy, can it be used for new construction and to assess existing pedestrian facilities for their self-evaluation and transition plan? Will the Department of Justice accept the PROWAG criteria as accessible if it has been locally adopted?

Continuing Education Recognition Available

Certificate Credit hours
Certificate of Attendance 1.5