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Americans with Disabilities Act (ADA) Summary

On July 26, 1990, President George Bush signed the American with Disabilities Act (ADA S.933) into law. The ADA is a comprehensive bill designed to end discrimination against persons with disabilities and to provide full accessibility for persons with disabilities, including communication disabilities for those needing hearing assistance. Following is a summary of relevant ADA requirements and guidelines that are specific to those needing hearing assistance:

AREAS OF ADA REGULATION CONCERNING HEARING ASSISTANCE:

PUBLIC ACCOMMODATIONS:
ADA Requirements: "no person shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation." Discrimination includes: (1) Failure to provide auxiliary aids and services unless the entity can demonstrate that such a provision would fundamentally alter the nature of the program or cause an undue hardship. (2) Failure to remove architectural and communication barriers in existing facilities unless the entity can demonstrate that the change is not readily achievable. No exemptions have been made for small businesses.

FACILITIES AFFECTED: Virtually all privately owned businesses that provide goods and services to consumers, clients, or visitors. Categories include:
1- an inn, hotel, or similar place of lodging
2- a restaurant, bar, or other establishment serving food or drink
3- a motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment
4- an auditorium, convention center, or lecture hall
5- a bakery, grocery store, clothing store, hardware store, shopping center, or other similar retail sales establishment
6- a laundromat, dry cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other similar service establishment
7- a terminal used for public transportation
8- a museum, library, gallery, or other similar place of public display
9- at a park or zoo
10- a nursery, elementary, secondary, undergraduate, or postgraduate private school
11- a day care center, senior citizen center, homeless shelter, food bank, adoption program, or other similar social service center
12- a gymnasium, health spa, bowling alley, gold course, or other similar place of exercise or recreation
13- theme parks, sports facilities and stadiums, fraternal lodges and organizations, convention centers, recreational facilities, state and national parks

For facilities that have more than 50 fixed seats, 4% of the seats must be accessible for hearing assistance. For facilities that have less than 50 fixed seats, the guidelines call for 4% of the seats to be accessible, but not less than two seats.

Exclusions:
1- Entities operated by Federal, State, or Local Governments. These are covered by the Rehabilitation Act, with provisions similar to ADA
2- Private clubs, and other facilities not open to the public
3- Religious organizations or entities
4- Residential accommodations, such as apartments or small, owner-resided inns

Effective: January 1992 (18 months after enactment)

For more information contact the ADA Information line at 800-514-0301 or access the official US Dept. of Justice home page for the ADA
www.usdoj.gov/crt/ada/adahom1.htm

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