Ticket Sales Requirements

I've been getting a lot of complaints about this issue lately.  Ever tried to buy accessible seating positions for a concert or a sporting event online?  Ever get a message that requires you to call for accessible seats or a message that you will get a call back or an email within 24 hours?  Unless everyone has to call or wait up to 24 hours to purchase tickets, that's a violation of the Americans with Disabilities Act.  If typical ticket purchasers can choose a seat and put a ticket in an online shopping cart for immediate check out, then people who require accessible seats are required to be afforded that same opportunity. 

Here's the DOJ link:  http://www.ada.gov/ticketing_2010.htm.

In a nutshell, from the foregoing link:

Venues are required to sell tickets for accessible seats in the same manner and under the same conditions as all other ticket sales.

Tickets for accessible seats must be sold:

• during the same hours;
• through the same methods of purchase (by telephone, on site, through a website, or through third-party vendors); and
• during the same stages of sales (pre-sales, promotions, general sales, wait lists, or lotteries) as non-accessible seats.

When a venue provides tickets to a third-party ticket vendor, including Internet-based vendors, the venue must include comparable tickets for accessible seats. Once third-party ticket vendors acquire tickets for accessible seats, they are obligated to sell them in accordance with the Department's ADA requirements. If the venue fails to provide any tickets for accessible seats, the third-party vendor is encouraged, but not required, to contact the venue to obtain tickets for accessible seats. Similarly, if the venue provides unsold tickets to a "discount" or "half price" ticket outlet, it must also provide tickets for accessible seats, if such seats are available.

Also, accessible tickets are required to be sold at the same price as other seats in the same seating section.  There can be no surcharge added to the accessible seating positions. 

Automatic Door Openers--When Program Access Requirements Exceed New Construction Accessibility Standards

The interplay between the new construction accessibility standards applicable to both Title II and Title III of the ADA and the program access requirements applicable only to Title II, is fascinating--if you're an accessibility nerd like me--and can result in greater overall accessibility in Title II facilities.  The best example, and one I've used often in the past, is powered automatic door openers.  Over the past thirteen years that I've been advocating for people with disabilities, I've met countless independent, active, employed, people with disabilities who cannot open a door, no matter how compliant with new construction standards that door may be.

The 2010 ADA Standards, which includes the 2004 ADA Accessibility Guidelines (ADAAG), includes guidelines for the operation of automatic and power-assisted doors and gates in section 404.3.  However, there is no requirement to equip any door with powered or automatic openers anywhere in the guidelines.  Rather, there are only guidelines for how they are to operate if they are employed.  What does this mean for the many people with disabilities who lack the ability to open a door, regardless of how "compliant" it is with ADA standards, unless it is also either automatic or power-assisted?  Does it mean those people are excluded and relegated to reliance on  the chivalry of others to open doors for them?

With regard to public accommodations under Title III, unfortunately the answer is yes.  However, this is not so with regard to the programs, services and activities of a public entity subject to Title II of the ADA.  Remember, program access can mandate relocation of programs, services and activities to an accessible location, in lieu of barrier removal to an existing facility.   Programs, services and activities must be readily accessible and usable to individuals with disabilities per Title II.  Clearly, if a person with a disability lacks the ability to open a door, then that door must either be removed or powered for any program, service or activity located behind it to be accessible and usable to her.

For this reason, I've helped many people with disabilities advocate for powered or automatic doors to be installed on several university campuses and other facilities servicing government programs and services, such as courthouses and municipal buildings. 

What does "Program Access" mean?

I am often asked to explain the difference between the standards applied to determine compliance with Title III of the ADA of a public accommodation, versus those applied to Title II of the ADA with regard to a public entity.  In other words, why do public entities (such as cities or other governmental entities, like state universities, for example) have a different mandate under Title II, than public accommodations (such as a local restaurant or retail store) under Title III?

One way to explain the difference is that Title II (much like Section 504 of the Rehabilitiation Act) is concerned with "programs, activities and services" and is not primarily concerned with "facilities," as is Title III.  The standard for public entities subject to Title II is "program access."  It requires that a
public entity's services, programs, or activities, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities.

In contrast, barriers must be removed from places of public accommodation under Title III where such removal is "readily achievable," without regard to whether the public accommodation's services can be made accessible through other methods.  I discussed what "readily achievable" means in my previous blog entry.  Suffice it to say, that alternatives to barrier removal are only triggered under Title III when there is no readily achievable method of removing a barrier from a public accommodation.

According to the Title II Technical Assistance Manual, "Public entities may achieve program accessibility by a number of methods. In many situations, providing access to facilities through structural methods, such as alteration of existing facilities and acquisition or construction of additional facilities, may be the most efficient method of providing program accessibility. The public entity may, however, pursue alternatives to structural changes in order to achieve program accessibility. Nonstructural methods include acquisition or redesign of equipment, assignment of aides to beneficiaries, and provision of services at alternate accessible sites."

In short, I think it is safe to say that barrier removal from a public entity's facility is only required when there is no other way to provide program access.  An example of how program access can be provided by a public entity without removing barriers from its facilities would be a university's Office of Disability Services.  A university will often have such an office in which a student with a disability registers.  That office will then ensure that the classes sought by the student are provided in an accessible location, that the professor provides office hours in an accessible location, etc. 

As a general rule of thumb, for a facility to be accessible enough to provide program access it should have accessible parking, an accessible entrance, and an accessible primary function area (i.e., class room, meeting room, court room, license office, etc.).  Of course, if bathrooms are provided that serve the primary function area, they should be accessible as well.

Finally, a public entity does not have to take any action that it can demonstrate would result in a fundamental alteration in the nature of its program or activity or in undue financial or administrative burdens.

Your Right to Vote: Federal Laws Protecting the Right of People with Disabilities to Vote

The Department of Justice has issued new technical assistance with regard to the rights of voters with disabilities.   This assistance is intended to help election officials, poll workers and voters understand the requirements of the Americans with Disabilities Act, the Voting Rights Act, the National Voter Registration Act and the Help America Vote Act.  The publication is entitled, The Americans with Disabilities Act and Other Federal Laws Protecting the Rights of Voters with Disabilities.  Here are links to access this publication:  http://www.ada.gov/ada_voting/ada_voting_ta.pdf or http://www.ada.gov/ada_voting/ada_voting_ta.htm.  Topics include: accessible voter registration, accessible polling places, accessible voting systems, policies and procedures, and training.

Tired of Eating Over Your Lap (What Makes a Table Wheelchair Accessible)?

The criteria that define accessibility for a table are actually quite simple, but are often missed by restaurateurs.  These criteria can be found in the current ADA Accessibility Guidelines at Sections 226, 305, 306 and 902, which can be found here: 

http://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm#c4

In general, to determine the amount of accessible dining spaces, one must first determine the number of seating and standing dining spaces provided for consumption of food and drink.  Once that is determined, 5% of this number must be wheelchair accessible per Section 226.1.  Further, these accessible seating positions must be dispersed throughout the separate dining areas provided (i.e., interior, exterior, smoking, non-smoking, bar area, etc.).

What makes a seating position accessible?  The primary concerns are located in Sections 305 and 306 and consist of the following criteria:

a.  Clear Floor Space
b.  Knee Clearance
c.  Toe Clearance
d.  Height of the dining surface

Here is the diagram from 305.3 that is representative of the clear floor space necessary for wheelchair users.  Generally, a space 48" deep x 30" wide. 



The depth requirement is often overlooked. Depending on the configuration of the restaurant, this requirement may result in an otherwise accessible table lacking accessible seating positions due to the lack of clear floor space for restaurant staff and other patrons to pass by a dining wheelchair user at such a table.   Similarly, a wheelchair user may be unable to reach the table due to the lack of an accessible route to access it, which would also render that table inaccessible, regardless of its design.  Accessible route criteria can be found in Chapter 4 of the Standards (Sections 401-410).

Assuming one can gain access to a table, what makes it wheelchair accessible?  This is best revealed in the following diagrams from 306.2 and 306.3, respectively:

Toe Clearance:



Knee Clearance:



The criteria described in the foregoing diagrams can be distilled down to the following four (4) simple measurements that will apply to any standard dining table with a single center post supporting it:

1.  A minimum height of 27 inches of knee clearance measured from the bottom edge of the table top to the floor.

2.  A maximum height of 34 inches above the floor measured from the floor to the height of the dining surface (tablet top).

3.  A minimum depth of 17 inches measured from the edge of the center post out to the edge of the table top for wheelchair toe clearance.  Without this criteria being met, the wheelchair's foot rest will hit the first obstruction beneath the table (typically the center post) and the wheelchair user will be eating over his or her lap, or be forced to pull sideways to the table and eat while twisted to reach the table.  If you use a wheelchair and find yourself in this position, chances are the depth provided does not meet the current ADA standards for accessibility.

4.  A minimum unobstructed width 30 inches for the entire depth of knee and toe clearance required.  (If you use a wheelchair and have been seated at a booth at the end of the table, your knees and toes will have to fit between the booths.  Thus, the booths must be a minimum of 30 inches apart assuming the table is otherwise accessible).

The point to take away from this, if nothing else, is that just because the table is low (as opposed to those high top tables where people are seated at stools), does not mean the table is wheelchair accessible.  It must also be located on an accessible route, afford sufficient clear floor space for a 48" by 30" wheelchair to access the table and remain seated there without obstructing traffic, and provide the unobstructed width and depth necessary for a wheelchair user's knee and toe clearance.  Without this, wheelchair users are still eating over their laps.

Public Bathrooms Are Required in Alabama

Question:  Can an Alabama business avoid complying with the ADA's mandate to make readily achievable modifications to existing inaccessible toilet rooms, as necessary to make them wheelchair accessible, by designating the toilet rooms as for "Employees Only?"

Answer:  No. 

Alabama has adopted the International Plumbing Code (IPC). http://www.bc.state.al.us/buildingcode.htm

The IPC requires public toilet rooms in all structures and tenant spaces intended for public utilization--the only exception being parking garages:

403.3 Required public toilet facilities.
Customers, patrons and visitors shall be provided with public toilet facilities in structures and tenant spaces intended for public utilization. The number of plumbing fixtures located within the required toilet facilities shall be provided in accordance with Section 403 for all users. Employees shall be provided with toilet facilities in all occupancies. Employee toilet facilities shall be either separate or combined employee and public toilet facilities.

Exception: Public toilet facilities shall not be required in open or enclosed parking garages. Toilet facilities shall not be required in parking garages where there are no parking attendants.

Does the ADA have a "Grandfather Clause?"

How many times have you gone to a restaurant or store that contained many barriers to your access and when you advised the business of these barriers you were told, "we're grandfathered in."  This is simply not true.  There is no grandfather clause in the ADA. 

To the contrary, 28 CFR 36.304 states: "A public accommodation shall remove architectural barriers in existing facilities...where such removal is readily achievable, i.e., easily accomplishable and able to be carried out without much difficulty or expense."

However, while there never was a grandfather clause in the ADA and still is not, there is now a "safe harbor" brought about by the 2010 ADA Accessibility Guidelines that went into effect on March 15, 2012.  Basically, an existing facility that fully complies with the 1991 Guidelines that were in force until March 15th, 2012, is not required to comply with the 2010 Guidelines, except with regard to new areas of coverage not previously addressed in the 1991 Guidelines (such as swimming pools, amusement rides, golf facilities, etc).

In my opinion, this is most likely to affect wheelchair users in situations where an accessible single user toilet room compliant with Figure 28 of the 1991 Guidelines is provided as the only accessible toilet room.  In that configuration, only 18 inches is required between the center line of a water closet and the near edge of a lavatory such that parallel wheelchair transfer space is not provided and a diagonal transfer is often necessary as a result of having the lavatory so close to the water closet.  As many wheelchair users lack the ability to make a diagonal transfer, this has created a situation where the "accessible" toilet room provided is simply not usable by many wheelchair users.  The new 2010 Guidelines do not allow such a configuration for new construction and require at least 42 inches of clear space adjacent to a water closet which is measured from the center line of the water closet (and this is a lot more than a mere 18 inches!).  Regardless, an existing facility with a compliant Figure 28 toilet room would not be required to modify it to create parallel transfer space that complies with the 2010 Guidelines.