FEELING GOOD
ABOUT ADA
Presented by Mark McNeese
ITD Bicycle & Pedestrian Coordinator
208-334-8272
mark.mcneese@itd.idaho.gov
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PEDESTRIAN DEFINED
28-101(40) NV CODE
…means any person afoot and any
person operating a wheelchair or a
motorized wheelchair or an electric
personal assistive mobility device.
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WHAT DO WE FOLLOW?
We are currently operating under
the Americans with Disabilities Act
(ADA) of 1990.
The ADA built upon previously
existing law dating back to the Civil
Rights Act of 1964 and the
Architectural Barriers Act (ABA)
of 1968.
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WHAT DOES THE
ADA COVER?
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Title I applies to employment
discrimination, public or private.
Title II applies to the programs,
services, and activities of a
“public entity.”
Title III applies to “public
accommodations.”
WHAT DOES ADA
COVER?


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Title VI addresses telephone and
television access for people with
hearing and speech disabilities.
Title V covers miscellaneous
provisions.
WHICH TITLES APPLY
TO TRANSPORTATION?


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Title II requires that state and local
governments give people with disabilities
an equal opportunity to benefit from all
of their programs, services, and
activities.
Title III requires newly constructed or
altered places of public accommodation to
comply with the ADA standards.
USING THE RIGHT
WORDS…
Person with a disability
People with disabilities
Disabled
Impaired
Handicapped
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USING THE RIGHT
WORDS…
Impairment refers to the performance
of an organ or part of the body.
Handicap is a disadvantage due to an
impairment or disability that limits or
prevents a person from fulfilling a
normal role.
Disability refers to the performance of
an activity by a person.
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DEFINE “PERSON WITH
A DISABILITY”
…
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an individual with a physical or
mental impairment that
causes a substantial limitation
of the individual's ability to
engage in one or more major
life activities.
WHAT ARE LIFE’S
MAJOR ACTIVITIES?
Include, but are not limited to,
caring for one's self, performing
manual tasks, walking, seeing,
hearing, speaking, breathing,
learning, and working.
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DEFINITIONS DIFFER
AMONG PROGRAMS…
Yes they do, but the Supreme Court
in 1999 narrowed the definition of
who is a person with a disability.
See…
http://www.accessiblesociety.org/topics/
ada/williams2.htm
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HOW IS THE ADA
ENFORCED?
The U.S. DOJ is responsible for issuing
regulations to implement Titles II and III,
except to the extent that transportation
providers subject to Titles II and III are
regulated through the U.S. DOT.


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A citizen may enforce the ADA Titles II &
III through civil litigation in a U.S. District
Court.
ADA can pay the plaintiff’s legal fees and
costs if they are not awarded.
WHO IS PROTECTED BY
THE ADA?
A person with a disability, having a
history of a disabling impairment, or
being regarded as having a disabling
impairment.
The ADA does not specifically name
all of the impairments that are
covered.
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THE SHIFT IN OUR
AGING POPULATION…
In the U.S…
1900 — avg. life expectancy was 47
2001 — avg. life expectancy was 77
1900 — 3.1 million over 65
2001 — 35 million over 65
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A BIGGER SHARE…
By 2030 in the U.S.
20% of the population
will be 65+
A BIGGER “BIGGER”
SHARE…
The number of obese adults
over the age of 60 in the United
States is expected to reach
nearly 21 million in 2010, a 43percent jump from 2000.
2006 Newsweek Inc. online
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POOR NUTRITION AND
INADEQUATE PHYSICAL
ACTIVITY =
An obesity epidemic…

Currently impacting over 30% of U.S.
adults and approx. 20% of children.
Resulting in…

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Increased medical problems, some
eventually leading to decreased
mobility.
U.S. CENSUS 2000…
What percent of the U.S. population
has a “disability?”
20% [one in five]
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Facilities are Critical to
Senior Mobility
The desire to maintain mobility and
freedom doesn't diminish with age.
More than one-third of the disabled
elderly need special assistance and
equipment to travel.
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WHO ARE WE
DESIGNING FOR?
PBIC IMAGE LIBRARY by M CYNECKI
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WHO ARE WE
DESIGNING FOR?
Walker users need…
 Sidewalks that are flat and smooth
(no rough, uneven surfaces)
 Curb ramps
 Extra time to cross intersections
 Space for others to pass as they
are slower and less mobile
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WHO ARE WE
DESIGNING FOR?
PBIC IMAGE LIBRARY by ITE BIKE/PED COUNCIL
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WHO ARE WE
DESIGNING FOR?
Division of Public Transportation
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WHO ARE WE
DESIGNING FOR?
Wheelchair users need…
 Sidewalks that are flat and smooth
(no rough, uneven surfaces)
 Curb ramps
 Extra time to cross intersections
 Space for others to pass as their
“footprint” is static
 Properly equipped transit vehicles
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WHO ARE WE
DESIGNING FOR?
PBIC IMAGE LIBRARY BY DAN BURDEN
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MOBILITY SCOOTERS…
Designed to carry…
 Oxygen tank
 Walker
 Cane or Crutch
 Cargo
Manufacturers’ ads stress
“retaining mobility and freedom” to
their potential customers.
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PERSONS WITH
TEMPORARY DISABILITIES


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Those who use crutches and
wheelchairs due to surgery,
breaking a limb, etc.have a newly
found appreciation for…
Elevators
Automatic doors
Curb cuts
Sidewalks
WHO ARE WE
DESIGNING FOR?
PBIC IMAGE LIBRARY by M. KING
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WHO ARE WE
DESIGNING FOR?
Photo by Mark McNeese
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WHO ARE WE
DESIGNING FOR?
Photo by Mark McNeese
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WHO ARE WE
DESIGNING FOR?
Visually Impaired
Vision when corrected
20/70 to <20/200
Legally Blind
Vision when corrected
20/200 or greater (= 1.5% of ID pop. or
approx. 20,000 people)
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WHO ARE WE
DESIGNING FOR?
Photo by Mark McNeese
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WHO ARE WE
DESIGNING FOR?

Over 10 million visually impaired in U.S.


There are approx. 1.5 million legally blind,
expected to rise to 2.3 million by 2015.
Vision impairment is more common in older
people.


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At age 65 one in nine are legally blind.
At age 85 one in four are legally blind.
WHO ARE WE
DESIGNING FOR?
The legally blind
 Orientation — understanding where
you are and what is around you.
 Mobility — the ability to travel
safely and as independently as
possible from one place to another.
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MOBILITY
TECHNIQUES…


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Residual vision and the other senses
White cane
Guide dog
Sighted guide
WHAT CAN WE DO?
“How well different individuals can
overcome their barriers, depends
not only on the impairment and on
the abilities of the individual, but
also on the society and the
environment in which the individual
operates.”
A. Colenbrander, MD
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DURING
CONSTRUCTION…
An alternative route, with
accessible features, must be
provided
 Temporary roadway signage
should not block pedestrian
facilities

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OTHER FEATURES…
 Amenities
for pedestrians
must be accessible
 Drinking fountains
 Pay phones
 Signal-actuating buttons
 Kiosks
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THE GOOD, BAD AND
UGLY…
Good = Done recently and done right!
Bad = Been like this a long time and is
a detriment to accessibility.
Ugly = Done recently and done wrong!
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THE GOOD, BAD AND
UGLY…
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“IMPLIED” SIGNAGE …
CAUTION
SIDEWALK ENDS
USE ROADWAY
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“IMPLIED” SIGNAGE …
CAUTION
NO SIDEWALK
PLEASE WATCH FOR
WHEELCHAIRS
ON ROADWAY!!!
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THE GOOD, BAD AND
UGLY…
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THE GOOD, BAD AND
UGLY…
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THE GOOD, BAD AND
UGLY…
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THE GOOD, BAD AND
UGLY…
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THE GOOD, BAD AND
UGLY…
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THE GOOD, BAD AND
UGLY…
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THE GOOD, BAD AND
UGLY…
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THE GOOD, BAD AND
UGLY…
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THE GOOD, BAD AND
UGLY…
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THE GOOD, BAD AND
UGLY…
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THE GOOD, BAD AND
UGLY…
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THE GOOD, BAD AND
UGLY…
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THE GOOD, BAD AND
UGLY…
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THE GOOD, BAD AND
UGLY…
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THE GOOD, BAD AND
UGLY…
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THE GOOD, BAD AND
UGLY…
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THE GOOD, BAD AND
UGLY…
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THE GOOD, BAD AND
UGLY…
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THE GOOD, BAD AND
UGLY…
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ACCESSIBILITY
CHECKLISTS…
Are they needed?
 Sidewalk
Attributes
 Curb Ramp Attributes
 Crosswalk Attributes
 Pedestrian light Attributes
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RESOURCES…


www.access-board.gov
http://www.accessboard.gov/prowac/index.htm (revised
draft guidelines for accessibility
in public right-of-way 11/23/05)
 Followed by a NPRM
 Followed by a Final Rule
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NEW ADA STANDARDS…
Will amend 28 CFR 35:
Nondiscrimination on the basis of
disability in state and local
government services.
 Will amend 28 CFR 36:
Nondiscrimination on the basis of
disability by public accommodations
and in commercial facilities.

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IN CLOSING, SOME
MYTHS AND FACTS…
Myth — The courts are flooded with
ADA lawsuits.
Fact — Only 650 in the last 5 years.
The primary goal of the U.S. DOJ's
enforcement program is to increase
voluntary compliance through
technical assistance and negotiation.
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IN CLOSING, SOME
MYTHS AND FACTS…
Myth — The ADA is rigid and requires
fast, sizable expenditures to make
existing facilities accessible.
Fact — Only when they are “readily
achievable” and or can be done
“without much difficulty or
expense.”
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IN CLOSING, SOME
MYTHS AND FACTS…
Myth — The ADA requires all
government buildings to be
accessible.
Fact — The ADA requires all
government programs, services, and
activities to be accessible.
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IN CLOSING, SOME
MYTHS AND FACTS…
Myth — The subject is far-removed
from me. Let the “experts” worry
about these kind of improvements.
Fact — Look around the room. This is
who we are planning, designing, and
constructing for. Please be
conscientious so we have a
transportation system that works for
all of us, now and in the future.
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THANK YOU!!!
Questions or Comments???
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