Disability Accommodations at Stadiums and Arenas for Patrons with Vision and Hearing Impairments

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1 Disability Accommodations at Stadiums and Arenas for Patrons with Vision and Hearing Impairments Susan D. Campbell and Ilana E. Miller December 18, v.3

2 Americans with Disabilities Act Signed into law by President George Bush in 1990, the ADA provides comprehensive non-discrimination and accommodation protections for disabled individuals. The ADA includes requirements for: Employment (Title I); Governmental entities (Title II); Public accommodations (for profit and nonprofit private entities that provide goods and services to the public) and commercial facilities (Title III), and; Telecommunications (Title IV)

3 Revised Title III Regulations & 2010 Standards The focus today will be on the portions of the Justice Department's 2010 revised Title III regulations and 2010 Standards for Accessible Design applicable to stadiums that are public accommodations, and specifically those that relate to the accessibility of stadiums to persons with vision or hearing impairments. The revised Title III Regulations became effective on March 15, 2011, and require covered entities to provide modified procedures, effective communication, and accessible facilities to people with disabilities. The 2010 Standards for Accessible Design primarily provide detailed physical accessibility requirements for new construction and alterations built after March 15, 2012, but they also provide a standard by which previously constructed facilities will be evaluated if, prior to March 15, 2012, those facilities were not in compliance with the previous design standards issued in 1991.

4 Timelines for Standards for New Construction and Alteration Compliance Dates for New Construction and Alterations On or after January 26, 1993 and before September 15, 2010 On or after September 15, 2010, and before March 15, 2012 On or after March 15, 2012 Applicable Standards 1991 Standards 1991 Standards or 2010 Standards 2010 Standards

5 Overview: Hearing Impairments For individuals with low hearing ability, assistive listening systems For deaf individuals, real time text captioning of PA system Equal access to ticketing process; detailed information about seating and seat purchase online, equal communication opportunities, and disabled guest services Effective communication by day of event staff, including concessions

6 Overview: Vision Impairments Providing unimpaired structural access to stadium entrance and within stadium Signage and guidance to seating, restrooms, concessions Providing equal access to ticketing process, including website access Accommodating service animals, including accessible seating for persons with service animals Readable programs and menus, assistance with concessions Issue: Is it necessary to provide audio description of a game or event, otherwise than by providing access to already existing radio broadcast?

7 Auxiliary Aids and Services A public accommodation shall take those steps that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the public accommodation can demonstrate that taking those steps would: Fundamentally alter the nature of the goods, services, facilities, privileges, advantages; or The accommodations being offered or would result in an undue burden (28 CFR (a))

8 Effective Communication A public accommodation shall furnish appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities. (28 CFR (c)) Auxiliary aids or services necessary to ensure effective communication will vary in accordance with: The method of communication used by the individual; The nature, length, and complexity of the communication involved; and The context in which the communication is taking place

9 Effective Communication, Cont d. A public accommodation should consult with individuals with disabilities whenever possible to determine what type of auxiliary aid is needed to ensure effective communication The ultimate decision as to what measures to take rests with the public accommodation, provided that the method chosen results in effective communication In order to be effective, auxiliary aids and services must be provided: In accessible formats; In a timely manner; and In a way that protects the privacy and independence of the individual with a disability

10 Examples of Auxiliary Aids and Services for Hearing-Impaired Individuals Qualified interpreters on-site or through video remote interpreting (VRI) services; Notetakers; Real-time computer-aided transcription services; Written materials; Exchange of written notes; Telephone handset amplifiers; Assistive listening devices; Assistive listening systems; Telephones compatible with hearing aids; Closed caption decoders; Open and closed captioning, including real-time captioning;

11 Examples of Auxiliary Aids and Services for Hearing-Impaired Individuals, Cont d. Voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices; Videotext displays; Accessible electronic and information technology; or Other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing (28 CFR (b)(1))

12 Assistive Listening Systems When an auxiliary aid of some kind is required, the regulations acknowledge that the type of aid necessary for effective communication inevitably will vary with context, and that the requirement is a flexible requirement (Appendix B to 28 CFR Part 36) Provide in accordance with Section 219 of the Scoping Requirements and Section 706 of the Technical Requirements ( Required Systems ): In each assembly area where audible communication is integral to the use of the space, an assistive listening system shall be provided.

13 Signs Indicating Assistive Listening Systems Assembly areas required by Section 219 to provide assistive listening systems must provide signs informing patrons of the availability of the assistive listening systems (Section ) Must include the International Symbol of Access for Hearing Loss Exception: Where ticket offices or ticket windows are provided, signs shall not be required at each assembly area provided that the signs are displayed at each ticket office or window informing patrons of the availability of assistive listening systems

14 Receivers Receivers complying with Section shall be provided for assistive listening systems in each assembly area in accordance with Table Exception: Where all seats in an assembly area are served by an induction loop assistive listening system, the minimum number of receivers required by Table to be hearing-aid compatible shall not be required to be provided Capacity of Seating in Assembly Area Minimum Number of Required Receivers 50 or less to 200 2, plus 1 per 25 seats over 50 seats 201 to 500 2, plus 1 per 25 seats over 50 seats 501 to , plus 1 per 33 seats over 500 seats 1001 to , plus 1 per 50 seats over 1000 seats 2 Minimum Number of Required Receivers Required to be Hearing-Aid Compatible 1 per 4 receivers 1 per 4 receivers 1 per 4 receivers 2001 and over 55, plus 1 per 100 seats over 2000 seats 1 per 4 receivers

15 Currently Available Assistive Listening Systems (1): Induction Loop ( IL system) Loop of wires encircles the listening area Connected to an amplifier output of a public address ( PA ) system instead of, or in addition to, a loudspeaker Produces electromagnetic field around the wire Electromagnetic signals accessible by listeners with hearing aids that have T coil technologies Facilities with IL systems must provide separate telecoil receivers for individuals who do not have hearing aids (2): FM System Variation on the commercial FM radio Signals are broadcast by FM transmitters and picked up by listeners using an FM receiver tuned to the transmitting frequency (3): Infrared ( IR ) light system

16 Ticketing A public accommodation that sells tickets for a single event or series of events shall modify its policies, practices, or procedures to ensure that individuals with disabilities have an equal opportunity to purchase tickets for accessible seating During the same hours; During the same stages of ticket sales; Through the same methods of distribution; In the same types and numbers of ticketing sales outlets; and Under the same terms and conditions as other tickets sold for the same event or series of events (28 CFR (f))

17 Examples of Auxiliary Aids and Services for Visually- Impaired Individuals Qualified readers; Taped texts; Audio recordings; Brailled materials and displays; Screen reader software; Magnification software; Optical readers; Secondary auditory programs (SAP); Large print materials; Accessible electronic and information technology; or Other effective methods of making visually delivered materials available to individuals who are blind or have low vision (28 CFR (c)(1))

18 Alarms and Signs Visual Alarms: Where audible fire alarms or emergency notification is provided, flashing lights are required in public and common use areas, including toilet and bathrooms, locker rooms, and along public corridors (Section 702.1) Signs Indentifying Permanent Rooms and Spaces: Restrooms, exits, or room numbers Braille raised letters and numbers Specific mounting location, font, character proportion/height, color contrast, and non-glare surface requirements in Section 703 Different requirements for different signs

19 Accessible Seating: Ticketing 28 CFR (f): Defined as wheelchair spaces and companion seats that comply with sections 221 and 802 of the 2010 Standards along with other seats required to be offered for sale to the individual with a disability pursuant to part 4 of the Regulations Line of sight requirements in Chapter 2 of Scoping Requirements address vertical and horizontal dispersion Wheelchair space dimension requirements and Line of Sight Diagrams in Chapter 8 Technical Requirements

20 Modifications in Policies, Practices, or Procedures A public accommodation shall make reasonable modifications in policies, practices, or procedures, when the modifications are necessary to afford goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the public accommodation can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations. (28 CFR (a))

21 Service Animals Definition: Any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. (28 CFR (c)) No surcharges Work or tasks performed by a service animal must be directly related to the individual s disability How service animals help both visually and hearing-impaired individuals What can you ask? Is the animal required because of a disability? What work or tasks has the animal been trained to perform?

22 Recommendations for Best Practices Determine your compliance date for new construction and alterations Check your State s laws Consider hiring a full-time Disabled Services Coordinator Consider training your event staff to handle various requests from guests with disabilities

23 Recommendations for Best Practices, Cont d. Offer closed captioning as well as assistive listening system devices for check-out (Washington Redskins case) Make your facility s accessibility information prominent, especially on your website Make more effective use of your facility s LED ( light-emitting diode ribbon boards ), if applicable Make your facility s concourses more accommodating Televisions with captioning Concessions with Braille and large-type menus

24 QUESTIONS?

25 America Asia Europe Susan D. Campbell, Esq. Ilana E. Miller, Esq Atlanta Boulder Charlotte Chicago Colorado Springs Dallas Denver Frankfurt Hamburg Hong Kong Irvine Jefferson City Kansas City London Los Angeles New York Paris Phoenix San Francisco Santa Monica Shanghai Singapore St. Louis Washington, D.C.