Accessibility and Recreation:
Understanding ADA
Requirements and Finding
Practical Solutions to Access
Accessibility and
Recreation
This training will address:
• The basics of the ADA as it applies to
recreation services
• Simple ways to create program access
through:
• Policy and Procedural Changes
• Auxiliary aids
• Physical Accessibility Improvements
•
Resources for adaptive and assistive
technology that can increase access
Definition of Disability
An individual with a disability is one who:
 has;
 has a record of, or;
 is regarded as having
a physical or mental impairment that
substantially limits a major life activity.
How do you know if a person
is covered by the ADA?

Yes, you may ask a registrant if they have a
covered disability.

You may not ask what the disability is.

You may wish to have a poster that explains
who is covered by the ADA.

A disability may not be visible e.g., epilepsy,
heart condition, etc.
Documentation
Can request proof of need for
accommodations
(changes/assistance/aids) to participate
in course
 Need to be specific to course
 Can have entrance requirements

– Must be functional and focus on skills
needed to do training.
The Americans
with Disabilities Act
Title I:
Employment
Title II:
State and Local Government
Title III:
Public Accommodations
Title IV: Telecommunications
Title V:
Miscellaneous
Title II RequirementsState & Local Government

Who?
– State and Local Government Services and
Contractors

Four broad areas of requirements:
– General Nondiscrimination
– Program Accessibility
– Equally Effective Communication
– Employment
– New buildings built accessible
Title III RequirementsPublic Accommodations

Who?
– Any business that provides goods or
services to the public
– Exemptions: Private clubs, churches

General Requirements:
– General Nondiscrimination
– Equally Effective Communication
– Readily Achievable Barrier Removal
– New: Built Accessible
Non-discrimination

No qualified individual with a disability shall
solely by the reason of disability be:
• excluded from participation,
• denied benefits, services, or access to
programs or activities,
• or be subjected to discrimination by any
public entity or private business
Modification of Policies,
Procedures and Practices

Title II and Title III entities must modify
policies, procedures and practices in
order to allow access for people with
disabilities unless causes and undue
burden
What simple changes could
make a difference?





Allow an unpaid helper to join person in class at
no cost
Change entrance requirement in class from
“able to stand in 4 feet of water” to “maintain
safety in 4 feet of water throughout class”
Train staff to offer to help with applications,
forms, online forms are accessible
Doing art projects with partners in class instead
of individually
Allowing person extra time in and out of
swimming pool before exercise/swimming class
Policies - Example

A park has a “no animals” policy. An
individual who is accompanied by a
service animal is denied access to a
nature walk because they have a “pet”.
Is this ok?
Answer:
The “no animals” policy
must be modified to
permit access to a person
accompanied by a service
animal.
Procedures-Example

The snack bar has counter service only.
An individual of short stature cannot
reach the snack bar to get service. What
change in procedures may be
appropriate?
Answer:

Answer: Staff may leave the counter
area and serve the individual at his or
her table.
A bell or buzzer may be installed at a
lower height to enable an individual to
 request service.

Program Access:
Title II Requirement

State and local government must
provide full “program access” to
people with disabilities.
- This means that persons with disabilities
may not be excluded from a program or
service because it is not presently
accessible.
- May require changes in policies and
procedures, location, communication or
physical accessibility improvements
Integrated Programs

Services and programs must be
delivered in the most integrated setting
appropriate to the person’s level of need
even if separate programs exist.
– Integration of persons with disabilities is
one of the goals or values of the ADA.
Children’s Programs
Toileting, Medication
and More
• No general exclusion for children based on
disability
• Reasonably modify policies and procedures
to allow access
• Cannot charge for assistance, policy changes
required by ADA
• Cannot refuse to provide limited 1x1
assistance
• Universal precautions addresses children with
HIV/AIDS
Children’s Programs
Toileting, Medication
and More
• Toileting assistance may be required if
provided to younger children even if no
toileting policy exists
• Medication assistance and glucose testing
generally must be provided
• Follow behavioral support plans to assist
children with managing negative behavior
• Direct threat
Integrated Programs

Example: A city parks and recreation
department offers particular programs for
people with disabilities like adaptive summer
camp, in addition to an extensive selection of
other camps.

Tim, an child with mental retardation, wants to
participate in the regular Nature camp. Can
you require him to participate in the adaptive
camp instead?
Answer

Tim cannot be excluded from the
regular nature camp because of the
availability of an adaptive camp.
– How can camp application let parents
know skills needed for camp?
– What accommodations at camp might be
help Tim participate in camp?
Resources for Inclusive
Programming

National Center on Physical Activity and
Disability:
– www.ncpad.org

National Center on Accessibility:
– www.ncaonline.org

Principles for Adapting Activities:

www.indiana.edu/~nca/monographs/7adapting.sht
ml
Fundamental Alterations
and Undue Burdens

Fundamental Alterations and Undue Burden
not required.

If accommodation causes one of these, must
still seek alternative means of access up to
fundamental alteration and/or undue burden
Question

Can we exclude from participation in our
Senior Center program persons whose
Dementia or Alzheimer’s condition
prevents them from being able to
function independently?

Can they be excluded when they begin
to show significant mental deterioration?
It Depends
Lesser burden of proof for eligibility
criteria than proving “direct threat” to
self or others.
 What specific behavior are you seeing?
 What are the safety implications?
 Individualized assessment taking into
account possible reasonable
accommodations

From DOJ Parks Q and A:

The ADA does not generally require
programs to hire additional staff or
provide constant one on one
supervision of a particular individual
with a disability.
Effective Communication
People with disabilities that affect
communication are entitled to
auxiliary aids and services and
alternative formats.
Question
What kind of information do you
provide?
 How could you make it accessible?

Information List

Visual
–
–
–
–
–
–
–
–
–
Applications
Brochures
Booklets
Guides
Press Releases
Web pages
Training materials
Photos
Other?

Auditory
–
–
–
–
–
–
–
–
Meetings
Trainings
Interviews
Videos
Phone info line
Hotline
Emergency alarms
Other?
Accommodations –
Alternate formats for
information

Visual
–
–
–
–
–
–
–
–
Large Print
Braille
Audio Tape
Readers
Verbal Descriptions
Computer Diskette
Pictoral Signage
Other?

Auditory
– Sign language or
oral interpreter
– Assistive Listening
Device (ALD)
– Paper and Pen
– TTY phone access
– Captioning (CART)
– Caption Decoder – tv
– Other?
When do you call in the
interpreter?

Exchanging written notes can work in
many simple communications
– Information desk exchanges
– Class registration

At other times, interpreter may be
needed to ensure understanding
– Public meetings and presentations
– More complicated discussions
NO Surcharges

People with disabilities cannot be
charged for accessible formats, auxiliary
aids
– No extra fee for large print, braille, tape if
necessary for access
Question

What constitutes a reasonable notice
regarding special accommodations?
Notice
Written
 Auxiliary aids vs. Alternate Formats
 Other issues

Question

Is it appropriate to respond to a request
for reasonable accommodation based
on budget?
Yes, to some extent

But the reasonable accommodation
chosen must be effective.

Title II entities defer to the preference of
the individual with a disability in terms of
reasonable accommodation requests.
Question

Suppose an interpreter is requested and
then the deaf individual does not show
up. Do we deny the individual an
accommodation in the future based on
this?
A Difficult Issue!

Pattern of no-show
 Clarify cancellation policy
– Who to contact?
– When need to contact by what date
– Cost to the City
• Compare with schools 3 times and contact
• Para-transit no-show policy discontinue service
for limited time
Question

Is the city required to have on hand
anything related to technology for
citizens or employees related to the
ADA?
Access to and Accessible
Technology and IT
TTY required for emergency services
only
 ALD for conference rooms
 Interactive computer stations?
 Accessible web site
 Other communications?

Physical Access: Facilities
All New Construction
(post 1992)
Built Accessible and Useable for people
with disabilities
 Using Accessibility
Standards:
Title II: UFAS or ADAAG
Title III: ADAAG

Physical Barrier Removal at
Existing Facilities for
Government Entities
Governments (Title II) may need to
remove physical barriers if necessary to
ensure equal access to programs
 Priorities: The 3 P’s

Physical Access to Existing
Facilities
Businesses (Title III) need to conduct
Readily Achievable Barrier Removal
Readily achievable barrier removal=
Cheap and Easy
What is Cheap and Easy?







Door and fixture
hardware
Covering Pipes
Widening Doorway
One or two step
ramps
Adding Signage
Parking stripes
Adding handrails





Removing throw
rugs
Lowering self help
materials
Lowered shelf/pull
down shelf
Moving furniture for
access
Adding a buzzer or
bell
Renovations and Remodels

20% of budget goes to access
improvements
– From parking, to entrance, to main service
area, to amenities
Question

What about when mechanical failure,
weather or other reasons arise that
cause a normally accessible area to
become inaccessible?
– For example, if automatic doors fail to work
properly at an entrance or restrooms.
• Should we post signage?
• What should it say?
Maintenance of
Accessible Features
Exterior doors (force to open) not
covered by the ADA but program
access is an issue
 Back up systems
 Time frame

Question

What if any new guidelines apply to new
playgrounds, campgrounds, hiking
trails, fishing piers, boat docks,
swimming pools, more?
Boundless Playgrounds
Guidelines for new playgrounds
 Firm, stable and slip-resistant surface
for accessible route to features
 Resources

– www.boundlessplaygrounds.org
– Other jurisdictions
US Access Board
Accessible Recreation
 Guidelines for recreational facilities
including boat docks, fishing piers, hiking
trails, campgrounds, swimming pools, golf
courses, miniature golf courses, sporting
facilities
 Resource:

– www.access-board.gov/recreation/guides/index.htm
ADA Information Center for
the Mid-Atlantic Region
1 of 10 Regional Centers Providing:
 Information
 Technical Assistance
 Materials
 Newsletter
 Training
 Toll-free phone number: 800-949-4232
V/TTY
 Website: www.adainfo.org