December 18, 2009
Mr. Bill Botten
Office of Technical and Informational Services
Architectural and Transportation Barriers Compliance Board
1331 F Street NW
Suite 1000
Washington, DC 20004-1111.
Dear Mr. Botten:
The Disability Policy Collaboration (DPC) of The Arc of the United States (The Arc) and
United Cerebral Palsy (UCP) appreciates the opportunity to provide comments
concerning the Draft Final Accessibility Guidelines for Outdoor Developed Areas
covered by the Architectural Barriers Act.
The Arc is a membership organization of 732 state and local chapters made up of people
with intellectual, developmental and other disabilities, their families, friends, interested
citizens, and professionals in the disability field. UCP is an organization that provides
services and advocacy to people with disabilities through a nationwide network of over
100 organizations. Together, The Arc and UCP have represented individuals with
disabilities for nearly 60 years.
DPC commends the U.S. Access Board for its work toward the promulgation of
accessibility guidelines for unique environments, including recreation facilities and
outdoor lands used for recreation. The Draft Final Accessibility Guidelines bring the
adoption of accessibility guidelines for outdoor developed areas closer to reality. It
further defines accessibility considerations for outdoor recreation environments and
provides needed guidance to land managers on minimum standards for the inclusion of
people with disabilities in these outdoor environments.
DPC has concerns about three portions of the Draft Final Guidelines.
The changes made on the Beach Access Routes in the Draft Final Guidelines will greatly
increase the opportunity for persons with disabilities by widening the routes and
addressing the issue of crossing dune structures to access beaches. However, there is a
lack of scoping for Outdoor constructed features at beaches, which include picnic tables,
grills, fire rings and outdoor rinsing showers. These features already exist on beaches in
federal facilities but the lack of scoping severely inhibits the equal opportunities for
people with disabilities.
The Draft Final Guidelines significantly reduces the number of required accessible picnic
tables from the NPRM. Common maintenance practice, which dictates that accessible
picnic tables be located in the most popular or most frequently used picnic areas, limits
people with disabilities to the more highly developed areas. The reduction in number of
accessible picnic tables will significantly decrease the availability of accessible tables
due to high use and occupation of tables in those popular areas by non-disabled park
visitors. DPC recommends that the NPRM scoping requirements for accessible picnic
tables be reinstituted.
The Draft Final Guidelines significantly reduces the scoping and technical provisions for
outdoor benches from the NPRM where clear floor space is required for adjacent
wheelchair companion seating. The NPRM requirements for back supports and arm rests
no longer exist. Benches with back supports and arm rests located throughout the
outdoor recreation environment are an essential need for park visitors who may use
crutches, canes, walkers, and those who have back pain, respiratory disabilities, low
stamina, balance issues and difficulty transitioning to standing or sitting positions.
DPC recommends that the NPRM scoping requirements for benches in
recreational environments be reinstituted.
Thank you for giving DPC the opportunity to comment on the Draft Final
Guidelines.
Respectfully submitted,
Maureen Fitzgerald
Director
Disability Rights
DPC
1660 L. Street, NW, Ste. 701
Washington, DC 20036