Recently in Law & Policy Category

Duncan MacKay has done us all a favor with this coverage of a new report from the UK:

Companies should think of improving disability access ahead of the London 2012 Paralympics as a way of boosting business, a new Government report has claimed 

Up to a million disabled visitors are expected in London in 2012 for the Olympic and Paralympic Games, bringing with them millions of pounds in business.

Disabled consumers are an often-overlooked market worth £40-£80 billion ($62-$123 billion) annually, according to the report - 2012 Legacy for Disabled People: Inclusive and Accessible Business - jointly commissioned by the Business Department and the Office for Disability Issues.

Read the whole article:

The Air Carrier Access Act of 1986 requires airlines to provide assistance to passengers with disabilities in boarding and deplaning aircraft, including the use of wheelchairs, ramps, mechanical lifts or service personnel where needed.  U.S. Department of Transportation rules also require carriers to respond within 30 days to written complaints about their treatment of disabled passengers, and to specifically address the issues raised in the complaint.  In addition, airlines must submit annual reports to the Department on disability-related complaints from passengers, noting the type of disability and nature of the complaint.

An investigation by the Department of Transportation's Aviation Enforcement Office of disability complaints filed with AirTran and DOT revealed a number of violations of the requirement for boarding assistance.  In addition, the carrier's complaint files showed that it frequently did not provide an adequate written response to complaints from passengers.  AirTran also failed to properly categorize disability complaints in reports filed with the Department, the Aviation Enforcement Office found.

Of the $500,000 penalty, up to $60,000 may be used to establish a council to help the carrier comply with federal disability rules and hire a manager for disability accommodations.  Up to $140,000 may be used to develop and employ an automated wheelchair tracking system at AirTran's major hub airports within one year that will generate real-time reports of the carrier's wheelchair assistance performance.

The consent order is available on the Internet at www.regulations.gov , docket DOT-OST-2010-0005.

passenger_logo_en_lr.jpgThis summer the European Commission has launched a new campaign to raise awareness of passengers' rights.

Although the European Union has made great strides in recent years in establishing common passenger rights for those travelling by air or rail, not every European is yet aware of what he or she is entitled to.

This campaign sets out to make all air and rail passengers aware of what rights they enjoy under European legislation and how to make use of them.


ENAT
 is an Official Partner of the EU Passengers' Rights Campaign 

Why now?

In the summer holiday season, millions of Europeans will be travelling by plane and train in search of some well-deserved rest and relaxation. Being aware of their rights will prevent many problems for air and rail passengers.

How will it work?

The campaign is being conducted in all of the EU's official 23 languages so that people will be able to be informed about their rights in their mother tongue. Posters and leaflets will be available progressively from the end of June at airports and train stations in all 27 Member States.

In addition there is a website with more information at 
http://ec.europa.eu/passenger-rights.

Watch the video

Watch this 6-minute video about the rights of air and rail passengers with a disability or reduced mobility. (English text and subtitles).
To view the video in any other EU languages, follow this link

From BBC News:

France's Transport Minister, Dominique Bussereau, has called for an inquiry into allegations that low-cost airline Easyjet barred disabled passengers from flying unaccompanied.

He ordered the move after reports that Easyjet had refused to fly disabled passengers on safety grounds.

They were told they must be accompanied by another passenger in order to board the plane.

Easyjet said they were simply complying with safety regulations.

"European safety regulations require that all passengers are able to evacuate an aircraft within 90 seconds and therefore we require that some passengers with reduced mobility have a travel companion," a spokesman for the company said.

For more on the friendly skies:
http://www.bbc.co.uk/news/business-10969211



President Obama announced the U.S. Department of Justice has issued final regulations revising Title II and III, including the ADA Standards for Accessible Design. These regulations will be published in the Federal Register.  (Remarks by the President: http://www.whitehouse.gov/the-press-office/remarks-president-20th-anniversary-americans-with-disabilities-act)

 

 

SUMMARY OF CHANGES:

 

Adoption of the 2010 ADA Standards for Accessible Design. The Department has adopted revised ADA design standards that include the relevant chapters of the Access Board's 2004 ADA/ABA Accessibility Guidelines as modified by specific provisions of this rule. To minimize compliance burdens on entities subject to more than one legal standard, these design standards have been harmonized with the Federal standards implementing the Architectural Barriers Act and with the private sector model codes that are adopted by most States.

 

 

Effective Date. The rule will become effective six months after publication in the Federal Register. Eighteen months after publication, compliance with the 2010 Standards will be required for new construction and alterations. In the period between the effective date and the compliance date, covered entities may choose between the 1991 Standards and the 2010 Standards. Covered entities that should have complied with the 1991 Standards during any new construction or alteration of facilities or elements, but have not done so by 18 months after the date of publication of the final rule, must comply with the 2010 Standards.

 

 

Element by Element Safe Harbor. The rule includes a general "safe harbor" under which elements in covered facilities that were built or altered in compliance with the 1991 Standards would not be required to be brought into compliance with the 2010 Standards until the elements were subject to a planned alteration. Similar safe harbors were adopted for elements associated with the "path of travel" to an altered area.

 

 

Ticketing. The rule provides guidance on the sale of tickets for accessible seating, the sale of season tickets, the hold and release of accessible seating to persons other that those who need accessible seating, ticket pricing, prevention of the fraudulent purchase of accessible seating, and the ability to purchase multiple tickets when buying accessible seating. It requires a venue operator to accommodate an individual with a disability who acquired inaccessible seating on the secondary ticket market only when there is unsold accessible seating for that event.

 

 

Service Animals. The rule defines "service animal" as a dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability. The rule states that other animals, whether wild or domestic, do not qualify as service animals. Dogs that are not trained to perform tasks that mitigate the effects of a disability, including dogs that are used purely for emotional support, are not service animals. The final rule also clarifies that individuals with mental disabilities who use service animals that are trained to perform a specific task are protected by the ADA. The rule permits the use of trained miniature horses as alternatives to dogs, subject to certain limitations. To allow flexibility in situations where using a horse would not be appropriate, the final rule does not include miniature horses in the definition of "service animal."

 

 

Wheelchairs and Other Power-Driven Mobility Devices. The rule adopts a two-tiered approach to mobility devices, drawing distinctions between wheelchairs and "other power-driven mobility devices." "Other power-driven mobility devices" include a range of devices not designed for individuals with mobility impairments, such as the Segway® PT, but which are often used by individuals with disabilities as their mobility device of choice. Wheelchairs (and other devices designed for use by people with mobility impairments) must be permitted in all areas open to pedestrian use. "Other power-driven mobility devices" must be permitted to be used unless the covered entity can demonstrate that such use would fundamentally alter its programs, services, or activities, create a direct threat, or create a safety hazard. The rule also lists factors to consider in making this determination. This approach accommodates both the legitimate business interests in the safe operation of a facility and the growing use of the Segway® PT as a mobility device by returning veterans and others who are using the Segway® PT as their mobility aid of choice.

 

 

Effective Communication. The rule includes video remote interpreting (VRI) services as a kind of auxiliary aid that may be used to provide effective communication. VRI is an interpreting service that uses video conference technology over dedicated lines or wireless technology offering a high-speed, wide-bandwidth video connection that delivers high-quality video images. To ensure that VRI is effective, the Department has established performance standards for VRI and requires training for users of the technology and other involved individuals so that they may quickly and efficiently set up and operate the VRI system.

 

 

Residential Housing Offered for Sale to Individual Owners. Residential housing programs provided by title II entities are covered by the ADA. For the first time, however, the final rule establishes design requirements for residential dwelling units built by or on behalf of public entities with the intent that the finished units will be sold to individual owners. These design requirements are set forth in the 2010 Standards.

 

 

Detention and Correctional Facilities. The final rule clarifies the requirements that apply to correctional facilities. It requires three percent of newly constructed or altered cells to be accessible.

 

Reservations Made by Places of Lodging. The rule establishes requirements for reservations made by places of lodging, including procedures that will allow individuals with disabilities to make reservations for accessible guest rooms during the same hours and in the same manner as other guests, and requirements that will require places of lodging to identify and describe accessible features of a guest room, to hold back the accessible guest rooms for people with disabilities until all other guest rooms of that type have been rented, and to ensure that a reserved accessible guest room is removed from all reservations systems so that it is not inadvertently released to someone other than the person who reserved the accessible room. The final rule limits the obligations of third-party reservation operators that do not themselves own and operate places of lodging. In addition, to allow the hospitality industry appropriate time to change reservation systems, the final rule gives places of lodging 18 months from the date of publication to come into compliance with these requirements.

 

 

Timeshares, Condominium Hotels, and Other Places of Lodging. The rule provides that timeshare and condominium properties that operate like hotels are subject to title III, providing guidance about the factors that must be present for a facility that is not an inn, motel, or hotel to qualify as a place of lodging. The final rule limits obligations for units that are not owned or substantially controlled by the public accommodation that operates the place of lodging. Such units are not subject to reservation requirements relating to the "holding back" of accessible units. They are also not subject to barrier removal and alterations requirements if the physical features of the guest room interiors are controlled by their individual owners rather than by a third party operator.

 

 

The Final Rules, Fact Sheets and Analysis are available on the DOJ web site:http://www.ada.gov/regs2010/ADAregs2010.htm

WashingtonDC, August 10, 2010: - 


The Coalition of Organizations for Accessible Technology (COAT) applauds the U.S. Senate for passage of the "Twenty-first Century Communications and Video Accessibility Act" (S. 3304) by unanimous consent on August 5, 2010. COAT especially thanks Senator Pryor (D-AR), who introduced S. 3304, as well as co-sponsors Senators Kerry (D-MA), Dorgan (D-ND), and Conrad (D-ND). Passage of S. 3304 was also supported by Senators Hutchison (R-TX), Ensign (R-NV), and Schumer (D-NY).

 

S. 3304 requires captioned television programs to be captioned when delivered over the Internet, requires video description on television for people with vision loss, allocates $10 million per year for communications equipment used by people who are deaf-blind, ensures emergency information is accessible to individuals who are blind or have low vision, and provides for accessibility of advanced communications such as text messaging, email and web browsing on mobile devices, among several other provisions.

 

"The U.S. Senate takes us a huge step forward for accessible technology," said Jenifer Simpson of the American Association of People with Disabilities (AAPD), a COAT founding member. "They have given Americans with disabilities access to smart phones, other advanced communications technology, and video programming," she added.

 

"We are delighted that S.3304 ensures the availability of captioning for television programs on the Internet," said Rosaline Crawford of the National Association of the Deaf, another COAT leading organization. "Our community was left behind as television moved to the Internet, and S. 3304 takes a big step in the right direction," she added.

 

"Video description for television programs - the narration of visual elements during pauses in dialogue - is essential in this day and age," said Eric Bridges of the American Council of the Blind, another COAT leader. "More importantly, I thank the U.S. Senate for ensuring that we will now have access to the same emergency information everyone else has been seeing on television for years. Unbelievably, up until now, all the FCC has required is an audible tone on television to alert people who are blind or visually impaired that they should go seek out emergency information somewhere else. Having equal access to emergency information increases the safety of our community and will save lives!"

 

Among the other provisions in S. 3304 are requirements for accessible user controls for televisions and set-top boxes, and easy access to closed captioning and video description. Mark Richert of the American Foundation for the Blind, another leading COAT organization said: "The Senate's action last week brings people with vision loss so much closer to the access they deserve to advanced communications equipment and services, such as text messaging, email, and web browsing. These technologies aren't luxuries; they are essential tools for learning, working and participating in community. The U.S. Senate's leadership will bring people into the digital world, people who have been left out and left behind when industry fails to design accessibility into their products and services. S. 3304 will encourage companies to innovate to make advanced communications accessible on smart phones and other devices."

 

S. 3304 will now go to the House of Representatives.  

 

###

 

About COAT:  The Coalition of Organizations for Accessible Technology, or COAT,founded in March 2007, is a coalition of over 310 organizations that advocates for legislative and regulatory safeguards that will ensure full access by people with disabilities to evolving high speed broadband, wireless and other Internet protocol (IP) technologies.  More information is available at http://www.coataccess.org or by e-mail to info@coataccess.org.

 

On July 26, the US Department of Justice (DOJ) issued rules to update its ADA regulations and to implement new accessibility standards for facilities.  The U.S. Access Board and DOJ will conduct a free webinar on September 2, 1:30 to 4:00 (ET) on the updated regulations and standards.  DOJ representatives will highlight what is new in the revised title II and title III regulations, including requirements for existing facilities.  Access Board staff will review major changes in the new ADA standards which are based on accessibility guidelines established by the Board.  A significant portion of the program will be reserved for an open question and answer session with the presenters.  


For more details or to sign up for this webinar, visit www.accessibilityonline.org.

Other upcoming webinars in the Board's series will cover accessible routes (October 7), airport terminals (November 4), and play areas (December 2).  Further information is posted on the Access Board's website at www.access-board.gov/webinars.htm

Os próximos pontos da Centra lde Libras serão instalados nas

Escolas Municipais de Educação Especial (EMEE's) de jovens e
crianças surdas ou com deficiência auditiva

A Secretaria Municipal da Pessoa com Deficiência e Mobilidade
Reduzida - SMPED, cumpriu mais uma etapa do Projeto Piloto da
Central de Libras, Intérpretes e Guias Intérpretes - CELIG. No
último dia 22 de junho foi concluída a instalação da Central em
todas as 31 praças de atendimento das subprefeituras da Capital.

Desde o dia 26 de abril a SMPED tem percorrido todas as regiões da
cidade instalando webcans nos terminais de computador das praças de
atendimento das subprefeituras, configurando o sistema e transmitindo as
orientações para os funcionários responsáveis pelo atendimento
no local.

A Central conta com intérprete de libras que facilita o contato entre
o munícipe surdo ou com deficiência auditiva presente no local e o
atendente do órgão público, e também pode transmitir as
informações disponíveis pelo serviço 156. O atendimento é
oferecido de segunda a sexta-feira, das 8h às 17h.

O objetivo da SMPED é otimizar o atendimento público à pessoa
surda ou com deficiência auditiva, cumprindo assim o objetivo
estabelecido na Agenda 2012 da Prefeitura de São Paulo, que é
instalar a CELIG em 56 pontos até o final deste ano.

Além das subprefeituras, o serviço também está disponível
no Conselho Municipal da Pessoa com Deficiência - CMPD, na Rua
Líbero Badaró, 119 - 3º andar / Centro. Os próximos
pontos da CELIG que entrarão em funcionamento são as Escolas
Municipais de Educação Especial (EMEE) que atendem jovens e
crianças surdas ou com deficiência auditiva. São elas:

- EMEE Anne Sullivan. Rua Rodrigues Paes, 512 / Chácara Santo
Antonio;
- EMEE Mario Pereira Bicudo. Avenida Félix Alves Pereira, s/n -
Jardim Centenário;
- EMEE Madre Lucie Bray. Rua São Geraldo, 236 / Vila Constança;
- EMEE Vera Lucia Aparecida Ribeiro. Rua Benedito Pereira, 206 / Jardim
Líbano;
- EMEE Helen Keller. Endereço: Rua Pedra Azul, 314 / Aclimação.

Ainda deverão ser realizados ajustes técnicos em algumas
subprefeituras, devido ao congestionamento de rede disponível nesses
locais. A conexão da Central de Libras é feita via intranet. Ou
seja, por uma rede interna na Prefeitura que faz a conexão (link) com
os pontos de atendimento. No futuro, será possível agendar um
guia-intérprete para acompanhar surdocegos em órgãos
públicos municipais. Nessa fase ainda não é possível acessar
o serviço via internet.

Sugestões e reclamações:

celig@prefeitura.sp.gov.br <mailto:celig@prefeitura.sp.gov.br>

Secretaria Municipal da Pessoa com Deficiência e Mobilidade Reduzida
(SMPED)
Assessoria de Comunicação e Imprensa
Tel.: (011) 3113-8741 // 8778 // 8767 // 8793 // 8794 // 8741
Cel.: 9951-4983 // 8875-9732
lclopes@prefeitura.sp.gov.br / lincolnsilva@prefeitura.sp.gov.br

The the European Parliament extended passenger rights on July 6:

Assistance for disabled passengers

The European Parliament also extended the initial proposal to cover assistance for disabled passengers.

"Disability may not be used as a reason for denying a passenger the right to board," reads the new EU regulation, adding that "free assistance must be provided to disabled people in ports".

The new rights for disabled will be restricted, however, "on condition that the carrier or the port operator is notified when the reservation is made or at least 48 hours before boarding". The rules will also apply to cruise passengers.

The full article:

  • Siim Kallas, Commission Vice-President in charge of transport, said: "This regulation on the rights of passengers travelling by sea and by inland waterway will extend passenger rights to further transport modes. This means that passengers travelling by water will benefit from the same basic quality service standards wherever they travel in the Union. We hope that the European framework of passengers' rights might soon be completed by the adoption of a regulation on rights for passengers travelling by bus and coach."

  • The new rights include amongst others:

    • guarantee of reimbursement or rerouting in situations of cancellation or of delay at departure of more than 90 minutes,
    • adequate assistance (such as snacks, meals, refreshments and, where necessary, accommodation up to three nights, with a financial coverage up to € 80 per night) in situations of cancellation or delay at departure of more than 90 minutes,
    • compensation, between 25% and 50% of the ticket price, in situations of delay in arrival or cancellation of journeys,
    • non-discriminatory treatment and specific assistance free of charge for disabled persons and persons with reduced mobility both at port terminals and on board ships, as well financial compensation for loss or damage of their mobility equipment,
    • minimum rules on information for all passengers before and during their journey, as well as general information about their rights in terminals and on board ships;
    • establishment by carriers and terminal operators of complaint handling mechanism available to passengers,
    • establishment of independent national bodies for the enforcement of the regulation, through, where appropriate, the application of penalties.
Source:

President Obama on the ADA

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THE PRESIDENT: Thank you. Good evening, everybody. (Applause.) Thank you so much. Well, we have a gorgeous day to celebrate an extraordinary event in the life of this nation. Welcome, all of you, to our White House. And thank you, Robert, for the wonderful introduction. It is a pleasure and honor to be with all of you on the 20th anniversary of one of the most comprehensive civil rights bills in the history of this country -- the Americans with Disabilities Act. (Applause.) I see so many champions of this law here today. I wish I had time to acknowledge each and every one of you. I want to thank all of you. But I also want to thank our Cabinet Secretaries and the members of my administration here today who are working to advance the goals of the ADA so that it is not just the letter of the law, but the spirit of the law, that's being applied all across this country. (Applause.) I want to thank the members of Congress in attendance who fought to make ADA possible and to keep improving it throughout the years. (Applause.) I want to acknowledge Dick Thornburgh, who worked hard to make this happen as Attorney General under President George H.W. Bush. (Applause.) And by the way, I had a chance to speak to President Bush before I came out here, and he sends heartfelt regards to all of you. And it's -- he's extraordinarily proud of the law that was passed. He was very humble about his own role, but I think it's worth acknowledging the great work that he did. (Applause.) We also remember those we've lost who helped make this law possible -- like our old friend, Ted Kennedy. (Applause.) And I see Patrick here. And Justin Dart, Jr., a man folks call the father of the ADA -- whose wife Yoshiko, is here. (Applause.) Yoshiko, so nice to see you. (Applause.) I also notice that Elizabeth Dole is here, and I had a chance to speak to Bob Dole, as well, and thank him for the extraordinary role that he played in advancing this legislation. (Applause.) Let me also say that Congressman Jim Langevin wanted to be here today, but he's currently presiding over the House chamber -- the first time in our history somebody using a wheelchair has done so. (Applause.) Today, as we commemorate what the ADA accomplished, we celebrate who the ADA was all about. It was about the young girl in Washington State who just wanted to see a movie at her hometown theater, but was turned away because she had cerebral palsy; or the young man in Indiana who showed up at a worksite, able to do the work, excited for the opportunity, but was turned away and called a cripple because of a minor disability he had already trained himself to work with; or the student in California who was eager and able to attend the college of his dreams, and refused to let the iron grip of polio keep him from the classroom -- each of whom became integral to this cause. And it was about all of you. You understand these stories because you or someone you loved lived them. And that sparked a movement. It began when Americans no longer saw their own disabilities as a barrier to their success, and set out to tear down the physical and social barriers that were. It grew when you realized you weren't alone. It became a massive wave of bottom-up change that swept across the country as you refused to accept the world as it was. And when you were told, no, don't try, you can'the -- you responded with that age-old American creed: Yes, we can. (Applause.) AUDIENCE MEMBER: (Inaudible.) THE PRESIDENT: Yes, we can! Sit-ins in San Francisco. Demonstrations in Denver. Protests in Washington, D.C., at Gallaudet, and before Congress. People marched, and organized, and testified. And laws changed, and minds changed, and progress was won. (Applause.) Now, that's not to say it was easy. You didn't always have folks in Washington to fight on your behalf. And when you did, they weren't as powerful, as well-connected, as well-funded as the lobbyists who lined up to kill any attempt at change. And at first, you might have thought, what does anyone in Washington know or care about my battle? But what you knew from your own experience is that disability touches us all. If one in six Americans has a disability, then odds are the rest of us love somebody with a disability. I was telling a story to a group that was in the Oval Office before I came out here about Michelle's father who had MS. By the time I met him, he had to use two canes just to walk. He was stricken with MS when he was 30 years old, but he never missed a day of work; had to wake up an hour early to get dressed -- AUDIENCE MEMBER: So what. THE PRESIDENT: -- to get to the job, but that was his attitude -- so what. He could do it. Didn't miss a dance recital. Did not miss a ball game of his son. Everybody has got a story like that somewhere in their family. And that's how you rallied an unlikely assortment of leaders in Congress and in the White House to the cause. Congressmen like Steny Hoyer, who knew his wife Judy's battle with epilepsy; and Tony Coehlo, who waged his own; and Jim Sensenbrenner, whose wife, Cheryl, is a tremendous leader and advocate for the community. And they're both here today. (Applause.) Senators like Tom Harkin, who's here today, and who signed -- (applause) -- who signed part of a speech on the ADA so his deaf brother, Frank, would understand. And Ted Kennedy, whose sister had a severe intellectual disability and whose son lost a leg to cancer. And Bob Dole, who was wounded serving heroically in World War II. Senior officials in the White House, and even the President himself. They understood this injustice from the depths of their own experience. They also understood that by allowing this injustice to stand, we were depriving of our nation -- we were depriving our nation and our economy of the full talents and contributions of tens of millions of Americans with disabilities. That is how the ADA came to be, when, to his enduring credit, President George H.W. Bush signed it into law, on this lawn, on this day, 20 years ago. That's how you changed America. (Applause.) Equal access -- to the classroom, the workplace, and the transportation required to get there. Equal opportunity -- to live full and independent lives the way we choose. Not dependence -- but independence. That's what the ADA was all about. (Applause.) But while it was a historic milestone in the journey to equality, it wasn't the end. There was, and is, more to do. And that's why today I'm announcing one of the most important updates to the ADA since its original enactment in 1991. Today, the Department of Justice is publishing two new rules protecting disability-based discrimination -- or prohibiting disability-based discrimination by more than 80,000 state and local government entities, and 7 million private businesses. (Applause.) And beginning 18 months from now, all new buildings must be constructed in a way that's compliant with the new 2010 standards for the design of doors and windows and elevators and bathrooms -- (applause) -- buildings like stores and restaurants and schools and stadiums and hospitals and hotels and theaters. (Applause.) My predecessor's administration proposed these rules six years ago. And in those six years, they've been improved upon with more than 4,000 comments from the public. We've heard from all sides. And that's allowed us to do this in a way that makes sense economically and allows appropriate flexibility while ensuring Americans with disabilities full participation in our society. And for the very first time, these rules will cover recreational facilities like amusement parks and marinas and gyms and golf facilities and swimming pools -- (applause) -- and municipal facilities like courtrooms and prisons. (Applause.) From now on, businesses must follow practices that allow individuals with disabilities an equal chance to purchase tickets for accessible seating at sporting events and concerts. (Applause.) And our work goes on. Even as we speak, Attorney General Eric Holder is preparing new rules to ensure accessibility of websites. (Applause.) AUDIENCE: Yes, we can. THE PRESIDENT: Yes, we can. We're also placing a new focus on hiring Americans with disabilities across the federal government. (Applause.) Today, only 5 percent of the federal workforce is made up of Americans with disabilities -- far below the proportion of Americans with disabilities in the general population. In a few moments, I'll sign an executive order that will establish the federal government as a model employer of individuals with disabilities. (Applause.) So we're going to boost recruitment, we're going to boost training, we're going to boost retention. We'll better train hiring managers. Each agency will have a senior official who's accountable for achieving the goals we've set. And I expect regular reports. And we're going to post our progress online so that you can hold us accountable, too. (Applause.) And these new steps build on the progress my administration has already made. To see it that no one who signs up to fight for our country is ever excluded from its promise, we've made major investments in improving the care and treatment for our wounded warriors. (Applause.) To ensure full access to participation in our democracy and our economy, we're working to make all government websites accessible to persons with disabilities. (Applause.) We're expanding broadband Internet access to Americans who are deaf and hard of hearing. We've followed through with a promise I made to create three new disability offices at the State Department and Department of Transportation and at FEMA. And to promote equal rights across the globe, the United States of America joined 140 other nations in signing the U.N. Convention on the Rights of Persons with Disabilities -- the first new human rights convention of the 21st century. (Applause.) America was the first nation on Earth to comprehensively declare equality for its citizens with disabilities. We should join the rest of the world to declare it again -- and when I submit our ratification package to Congress, I expect passage to be swift. (Applause.) And to advance the right to live independently, I launched the Year of Community Living, on the 10th anniversary of the Olmstead decision -- a decision that declared the involuntary institutional isolation of people with disabilities unlawful discrimination under the ADA. (Applause.) So HHS Secretary Kathleen Sebelius and HUD Secretary Shaun Donovan have worked together to improve access to affordable housing and community supports and independent living arrangements for people with disabilities. And we continued a program that successfully helps people with disabilities transition to the community of their choice. (Applause.) And I'm proud of the work that the Department of Justice is doing to enforce Olmstead across the country. And we've finally broken down one discriminatory barrier that the ADA left in place. Because for too long, our health care system denied coverage to tens of millions of Americans with preexisting conditions -- including Americans with disabilities. It was time to change that. And we did. Yes, we did. (Applause.) So the Affordable Care Act I signed into law four months ago will give every American more control over their health care -- and it will do more to give Americans with disabilities control over their own lives than any legislation since the ADA. I know many of you know the frustration of fighting with an insurance company. That's why this law finally shifts the balance of power from them to you and to other consumers. (Applause.) No more denying coverage to children based on a preexisting condition or disability. No more lifetime limits on coverage. No more dropping your coverage when you get sick and need it the most because your insurance company found an unintentional error in your paperwork. (Applause.) And because Americans with disabilities are living longer and more independently, this law will establish better long-term care choices for Americans with disabilities as a consequence of the CLASS Act, an idea Ted Kennedy championed for years. (Applause.) Equal access. Equal opportunity. The freedom to make our lives what we will. These aren't principles that belong to any one group or any one political party. They are common principles. They are American principles. No matter who we are -- young, old, rich, poor, black, white, Latino, Asian, Native American, gay, straight, disabled or not -- these are the principles we cherish as citizens of the United States of America. (Applause.) They were guaranteed to us in our founding documents. One of the signers of those documents was a man named Stephen Hopkins. He was a patriot, a scholar, a nine-time governor of Rhode Island. It's also said he had a form of palsy. And on July 4, 1776, as he grasped his pen to sign his name to the Declaration of Independence, he said, "My hand trembles. But my heart does not." My hand trembles. But my heart does not. Life, liberty, the pursuit of happiness. Words that began our never-ending journey to form a more perfect union. To look out for one another. To advance opportunity and prosperity for all of our people. To constantly expand the meaning of life, liberty, the pursuit of happiness. To move America forward. That's what we did with the ADA. That is what we do today. And that's what we're going to do tomorrow -- together. So, thank you. God bless you. And God bless the United States of America. Let me sign this order. (Applause.)

As part of the wider celebrations marking the 20th anniversary of the Americans with Disabilities Act, Judith Heumann, the new Special Advisor for International Disability Rights at the State Department, has posted a video message (captioned) on the Facebook page of the Bureau of Democracy, Human Rights and Labor.  You can access the video here: http://www.facebook.com/stateDRL


The Special Advisor for International Disability Rights is responsible for leading  the Obama Administration's efforts to develop a comprehensive strategy to promote the rights of persons with disabilities internationally; coordinating an interagency process for the ratification of the Convention on the Rights of Persons with Disabilities; ensuring that foreign assistance incorporates persons with disabilities; leading on disability human rights issues; ensuring that the needs of persons with disabilities are addressed in international situations; and conducting public diplomacy, including with civil society, on disability issues.


From Disability Scoop:
By 

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The first member of the House of Representatives with quadriplegia will preside over the governing body on Monday in honor of the 20th anniversary of the Americans with Disabilities Act.

Rep. Jim Langevin, D-R.I., will be the first person using a wheelchair to take the helm of the House. The opportunity is possible because of recent alterations to the House Speaker's platform making it wheelchair accessible through a series of lifts.

"I have long said that I may be the first quadriplegic to serve in Congress, but I won't be the last," Langevin, a five-term congressman, said in a statement. "This is an extremely proud moment for me and helps renew my spirit as we continue to remove barriers and strengthen the ADA for millions of Americans with disabilities in the decades to come."

Over the last thirty years, there has been a boom in mobility in Europe. For millions of citizens 

Your Rights.jpgtravel has become a reality, indeed a right.

Passengers need a common set of principles, so that they can be more easily aware of their rights if something goes wrong with their trip, regardless of the mode of transport they use or whether a journey takes place wholly within a single Member State or goes through an intra-Community or external frontier.

Commissioner Siim Kallas

Siim Kallas
Vice-President of the Commission,
responsible for transport

In the light of this, the EU has committed itself to placing users at the heart
of transport policy.








Fiurther information:

 

WASHINGTON, July 19 /PRNewswire-USNewswire/ -- The Justice Department today announced a settlement agreement under the Americans with Disabilities Act (ADA) with Blockbuster Inc. to ensure equal access to its stores nationwide for individuals with disabilities who use service animals.

The settlement agreement, which resolves a complaint filed under title III of the ADA by an individual with a disability, requires, among other things, that Blockbuster provide comprehensive training to employees at more than 3,000 retail stores throughout the United States to ensure individuals with disabilities who use service animals have full and equal enjoyment of its goods, services and facilities.

"The Americans with Disabilities Act guarantees equal access to individuals with disabilities who are accompanied by service animals, but too often those individuals are subject to discrimination because of misperceptions or a lack of understanding of the law," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. 

The agreement, which will remain in effect for three years, requires that Blockbuster:

  • Implement a comprehensive nationwide nondiscrimination policy regarding service animals for people with disabilities;
  • Distribute the policy and train employees across the United States on the rights of service animal users and employee obligations to ensure full and equal access to Blockbuster goods, services and facilities;
  • Provide the same training to new staff during the hiring process;
  • Post its service animal policy on its website and in its stores, and post a "Service Animals Welcome" sign in each of its stores;
  • Create a toll-free ADA complaint line;
  • Establish, implement, and monitor a grievance procedure for ADA-related complaints from customers;
  • Pay $12,000 in damages to the individual who filed the complaint resolved by this settlement; and
  • Pay $10,000 as a civil penalty.

A service animal is individually trained to work or perform tasks for the benefit of an individual with a disability.  Service animals - most commonly dogs - perform a wide variety of functions.  Examples of these functions include guiding persons who are blind or have low vision, alerting individuals who are deaf or hard of hearing to sounds, warning persons about impending seizures or other medical conditions, performing a variety of tasks for persons with psychiatric disabilities, and picking up items, opening doors, flipping switches, providing physical support and pulling wheelchairs for individuals with mobility disabilities.

Title III of the ADA prohibits discrimination by retail stores, restaurants, hotels, taxi and bus companies, doctors, hospitals and other private businesses and nonprofit organizations that provide services to the public.  Title II of the ADA prohibits discrimination by public entities, including state and local governments and public transportation providers.  All of these entities are prohibited from excluding individuals with disabilities from their facilities, services and programs because the individuals use service animals.  If any of these entities has a rule excluding pets or other animals, it must make an exception to that rule and permit an individual with a disability to be accompanied by a service animal anywhere on the premises that other customers are permitted to go.

"The ADA's 20th anniversary is July 26, 2010," said Assistant Attorney General Perez.  "As we celebrate the anniversary of this landmark civil rights law, we are pleased that Blockbuster has affirmed its commitment to ensuring that individuals with disabilities benefit fully and equally from its goods, facilities, and services, including individuals who use service animals."

More information about the Civil Rights Division and the laws it enforces is available at the website www.justice.gov/crt.  More information about this agreement, the ADA, and ADA rights and responsibilities relating to service animals is available on the ADA home page at www.ada.gov.  This information includes two publications specifically addressing access for individuals accompanied by service animals: "ADA Business Brief: Service Animals" and "Commonly Asked Questions About Service Animals in Places of Business."  Those interested in obtaining copies of these documents or additional information may also call the Justice Department's toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).

SOURCE U.S. Department of Justice

For the remainder of 2010 the U.S. Department of Justice has issued four advance notices of 
proposed rulemaking (ANPRMs). They seek public comment on: 


  • Accessibility of Web Information and Services Covered by the ADA
  • Movie Captioning and Video Description
  • Accessibility of Next Generation 9-1-1 
  • Equipment and Furniture


Web Accessibility

State and local governments, businesses, educators, and other 
organizations covered by the ADA are increasingly using the web to 
provide information, goods, and services to the public. In the web 
accessibility ANPRM, the department presents for public comment a 
series of questions seeking input regarding how the department can 
develop a workable framework for website access that provides 
individuals with disabilities access to the critical information, 
programs, and services provided on the web, while respecting the unique 
characteristics of the internet and its transformative impact on 
everyday life.


Next Generation (NG) 9-1-1

9-1-1 centers are moving towards an Internet-enabled network to allow 
the general public to make a 9-1-1 “call” via voice, text, or video 
over the Internet and directly communicate with personnel at the 
centers. The NG 9-1-1 ANPRM seeks information on how the centers may 
be able to provide direct access to 9-1-1 for individuals with 
disabilities as they implement new communication technologies.


Captioning and Video Description in Movies Shown in Movie Theaters

Recent technologies have been developed to provide closed captions and 
video description in movies being shown at movie theaters. Movie 
studios have begun to produce and distribute movies with captioning and 
video description. However, these features are not generally made 
available at movie theaters. In the captioning and video description 
ANPRM, the department asks for suggestions regarding the kind of 
accessibility requirements for captioning and video description it 
should consider as proposed rules for public comments, particularly in 
light of the industry’s conversion to digital technology.


Equipment and Furniture

Full use of the nation’s built environment can only be fully achieved 
by the use of accessible equipment. There is now improved 
availability of many different types of accessible equipment and 
furniture, ranging from accessible medical exam tables, chairs, scales, 
and radiological equipment and furniture to “talking” ATMs and 
interactive kiosks. In the equipment and furniture ANPRM, the 
department poses questions and seeks comments from the public, covered 
entities, equipment manufacturers, advocacy and trade groups about the 
nature of accessibility issues and proposed solutions for making 
equipment and furniture accessible to persons with disabilities.


Details on the ANPRMs are available on the DOJ web site: