FOUR MAJOR ADA ISSUES THAT PARKS AND RECREATION FACILITIES SHOULD BE AWARE OF WHEN BUILDING AND MANAGING A NEW FACILITY
Introduction
The New Revised ADA regulations were revised in September of 2010 and have been implemented since March 15th 2011. These new regulations effect the parks and recreation departments in four different ways, which include revisions concerning service animals, personal mobility devices, auxiliary aide, and event ticketing. Any facility that was built on or after March 15th 2011 must adhere to the new regulations of these four categories in order to avoid serious repercussions.
Service Animals
Definition
“Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purpose of this definition. The work or tasks performed by a service animal must be directly related to the handler’s disability.” (Justice, Changes to ADA affecting Service Animals, Effective March 15, 2011)
"[An] example of work or task include, but are not limited to: assisting individuals who are blind or have low vision with navigation and other tasks; alerting individuals who are deaf or hard of hearing to the presence of people or sounds; providing non-violent protection or rescue work; pulling a wheelchair; assisting an individual during a seizure; alerting individuals to the presence of allergens; retrieving items such as medicine or the telephone; providing physical support and assistance with balance and stability to individuals with mobility disabilities; and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purpose of this definition.” (Justice, Changes to ADA affecting Service Animals, Effective March 15, 2011)
Effects on Parks and Recreation Facilities
This definition is the first that has properly defined what a service animal is, clearly stating that they can be dogs only. The only other animal allowed, for certain circumstances, is a miniature horse. As a service animal (defined as a dog) park and recreation facilities can now be more assertive in their policies regarding owners trying to bring pets into their facilities. There have been cases where owners of wild and exotic pets have attempted to bring pets onto sites claiming that their animal is a service animal. With regulations the way they were, facility managers were not allowed to ask for documentation stating that the claimed service animal was indeed a service animal.
Facilities still cannot ask for documentation; at least now they can turn away pet owners who claim other animals as service animals. The problem with the change in the ADA regulations is the definition of miniature horses. Miniature horses, in some cases can be used as a service animal, but a clear definition of acceptable cases is not really stated or defined. The ADA regulations did, however, attempt to infer that all facilities must clearly define that their facility cannot handle a miniature horse in cases where the presence of a one can compromise the safety of the facility and its patrons. Other than that, park and recreation facilities are burdened with the task of checking their facility and adjusting within reason to accommodate miniature horses.
Personal Mobility Devices
Definitions
“A wheelchair is a manually-operated or power-driven designed device designed primarily for use by an individual with mobility disability for the purpose of both indoor and outdoor locomotion. This definition does not apply to Federal wilderness areas.” (Trails, 2011)
Other Power-Driven Mobility Device
An Other Power-Driven Mobility Device (OPDMD) is defined in the rules as: "any mobility device powered by batteries, fuel, or other engines – whether or not designed primarily for use by individuals with mobility disabilities – that is used by individuals with mobility disabilities for the purpose of locomotion, including golf carts, Electronic Personal Assistance Mobility Devices (EPAMDs), such as the Segway PT, or any mobility device designed to operate in areas without defined pedestrian routes, but wheelchairs are not defined in this section. This definition does not apply to Federal wilderness areas.” (Trails, 2011)
Effects on Parks and Recreation
This new law has a large impact on facilities but most of all it has a large impact on facilities with trails as one of their main products. This clear definition of “other power-driven mobility devices” forces parks and recreation facilities to allow any individual with any type of power-driven device to use their trail and hiking paths. This is not only a burden on the facility management but it is in some way a very profound environmental issue. So in order for facilities to protect their trail and hiking paths the facility managers must assess a proper plan which will protect their trail and hiking paths.
“The Department of Justice (DOJ) will allow facilities to turn away some of these OPDMD but the facility must provide the DOJ with the following to do so:
a) The type, size, weight, dimensions, and speed of the device;
b) The volume of pedestrian traffic (which may vary at different times of the day, week, month, or year);
c) The design and operational characteristics (e.g., whether its service, program, or activity is conducted indoors, its square footage, the density and placement of stationary devices, and the availability of storage for the device, if requested by the user);
d) Whether legitimate safety requirements can be established to permit the safe operation of the other power-driven mobility device in the specific facility; and
e) Whether the use of the other power-driven mobility device creates a substantial risk of serious harm to the immediate environment or natural or cultural resources, or poses a conflict with Federal Land Management laws and regulations.” (Trails, 2011)
Although this helps in the protection of the trails and hiking paths of individual facilities, facility managers must determine the best solutions in what they can allow onto their trails. The ADA regulations can be tricky because when it speaks about the environment, it uses the words “immediate but not long term.” This is a concern because impaction and erosion caused by foot and wheel travel can take years to appear and can be often overlooked as an immediate environmental impact.
Auxiliary Aids
Definition
“Auxiliary aids and services includes:
a) Qualified interpreters on-site or through video remote interpreting (VRI) services; note takers; real-time computer-aided transcription services; written materials; exchange of written notes; telephone handset amplifiers; assisted listening devices; assisted listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices; video-text displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing;
b) Qualified readers; taped texts; audio recordings; braille materials and displays; screen reader software; magnification software; optical readers; secondary auditory programs (SAP); large print materials; accessible electronic and information technology; or other effective methods of making visually delivered materials available to individuals who are blind or have low vision;
c) Acquisition or modification of equipment or devices; and
d) Other similar services and actions.”
(ADA One, 2008 - 2012)
Effects on Parks and Recreation
This ADA law is a revision of the current law and clearly defines the necessary elements to make a facility ADA compliant concerning those with visual and hearing disabilities. Facility managers will now have to adhere to all the detail and have systems in place to provide access to both the hearing impaired and the blind and partially blind. This can prove to be costly for a facility concerning the amount of equipment that seems to be necessary to properly adhere to the new ADA revisions. The DOJ will not have any exceptions to the rule and all facilities built on or after March 15th 2011 must provide the proper equipment and accommodations.
Event Ticketing
Definitions
“Ticket Sales: Venues are required to sell tickets for accessible seats in the same manner and under the same conditions as all other ticket sales.
Ticket Prices: Venues cannot charge higher prices for accessible seats than for non-accessible seats in the same seating section. This concept also applies to service charges added to the cost of ticket, whether charged by the venue or a third-party seller. Venue must offer seats in all price categories available to the public.
Identification of Available Accessible Seating: Venues and third-party sellers must provide the same information about accessible seats as provided about non-accessible seats, using the same text and visual representations. Typically information about location, price, view, and seat availability is provided. Accessible seats must be described in enough detail to permit the purchaser to determine if a seat meets his or her needs. If a venue has detailed maps or displays of seating configurations on its website or if it provides seating information in its pamphlets or brochures, including information for particular events or shows, it must include information on accessible seating in the same detail as is provided on non-accessible seating.
Group Sales: Many venues offer a group sales rate for groups of a pre-determined size. If a group includes one or more individuals who need accessible seating, the entire group should be seated together in an area that includes accessible seating. If it is not possible to seat the entire group together and the group must split, the tickets should be allocated so that the individuals with disabilities are not isolated from others in their group.
Hold and Release of Tickets for Accessible Seating: Generally, tickets for accessible seats may not be sold to members of the general public who do not need the specific features of accessible seats. However, in three specific circumstances, unsold accessible seats may be released and sold to members of the general public
Ticket Transfers and Secondary Ticket Market: If Venues permit patrons to give or sell their tickets to others, the same right must be extended to patrons with disabilities who hold tickets for accessible seats and to persons with disabilities who intend to buy or receive tickets on the secondary ticket market. An individual with a ticket for an accessible seat may transfer it to anyone, including someone who does not have a disability. Venues cannot require that accessible seats only be transferred to someone with a disability.
Prevention of Fraud in Purchase of Tickets for Accessible Seating: Venues cannot require proof of disability as a condition for purchasing tickets for accessible seats. However, venues and third-party vendors may take steps to prevent the fraudulent sale and use of accessible seating.”
(Justice, Ticket Sales, 2011)
Effects on Parks and Recreation
This can be challenging and confusing for facility management when trying to accommodate a disabled person(s) as well as developing a competitive ticketing policy. Facility managers will have to determine a proper seating arrangement where they can not only accommodate a disabled person but in a sense accommodate their friends as well. At a larger facility this could be seen as a challenge especially when dealing with a sold out show or a seating arrangement that has been already purchased by one group that has occupied seating around disable seating and another group with a disabled member wishes to sit close together but there are not seats available.
A facility manager must also become aware of the effects of ADA has on his budget when designing a facility and delivering his product because in designing accommodations for the disable he must know that those areas are reserved for the disable only and if there are disabled individuals or not those areas must remain open for disabled individuals only. This can be an unavoidable cost to the facility, especially since tickets for disabled seating cannot be charged any more than the average ticket price. Although a facility manager could pass the cost onto the rest of the participants, this gives a facility manager a very narrow window of pricing and competing against competitors. The ADA regulations protecting the disabled in this case is very justifiable but facility managers must be aware of the law to brace themselves for the cost of this requirement.
Conclusion
These four revisions of the ADA law effects the Willis Wild Life Ranch in many ways and for the most part three of the four are very manageable ADA requirements. Ticketing, Auxiliary Aids, and Service Animals are requirements that Wild West Life Ranch will easily be able to handle. Ticketing for events and special programs will reflect the ADA law and with the design of the event rooms as well as the outdoor activities, purchasing of a ticket to either type will automatically accommodate an individual whether they are disabled or not. The reason for this is because there is no fixed seating in the event rooms and all outdoor activities are on free roaming landscapes.
Auxiliary Aids will be purchased and a listing of specialist will be available to any individual with a disability. All specialists will be outside consultants that will be scheduled to assist with individuals who are in need of assistance. Service animals will not be a problem either because the ranch is an outdoor recreation facility and all of our lodging are cabins or camp sites. We will be especially capable of handling any individual with a mini horse since our facility offers programs on horseback; we can accommodate an individual’s mini horse at our stable and have it brought back and forth to an individual at will.
The one ADA regulation that may be a problem is the revision of other power-driven mobility device. Since the regulation seems to be saying that any vehicle can be considered a means of transportation for a disabled individual the Willis Wild Life Ranch can have a concern about how this will be interpreted by an individual and in turn what type of vehicles they will bring onto the property. Since the trail at the WWL Ranch is both a hiker trail and horseback trail it is difficult to create a policy that prohibits some OPDMD.
WWL Ranch could develop speed limit signs as well as weight limits, but the major concern would be how the regulation defines an OPDMD as something that is an immediate danger to the environment. This could raise a concern since impaction and displacement are not really considered immediate dangers. Because of this, WWL Ranch would have to consider a larger budget for trail repair over the cost of the common hiker or horseback rider and include the damage that could incur from OPDMDs.
Bibliography
ADA One, L. (2008 - 2012). State and Local Governments. Retrieved 3 7, 2012, from ADA One: http://ada-one.com/focus/state-and-local-governments/
Business, A. (2011, 1 27). Rec Agencies Face New ADA Requirements. Retrieved 3 7, 2012, from Athletic Business: http://athleticbusiness.com/articles/article.aspx?articleid=3704&zoneid=19
Justice, U. D. (2011). Changes to ADA affecting Service Animals, Effective March 15, 2011. Retrieved 3 7, 2012, from Department of Justice: http://edocket.access.gpo.gov/2010/2010-21824.htm
Justice, U. D. (2011, 07 07). Ticket Sales. Retrieved 03 07, 2012, from Revised ADA requirements: www.ada.gov/ticketing_2010.htm
Trails, A. (2011). BASIC FACTS on Department of Justice rule on power-driven mobility devices for accessibility. Retrieved 3 7, 2012, from American Trails: http://www.americantrails.org/resources/accessible/OPDMD-DOJ-requirement-basic.html
The New Revised ADA regulations were revised in September of 2010 and have been implemented since March 15th 2011. These new regulations effect the parks and recreation departments in four different ways, which include revisions concerning service animals, personal mobility devices, auxiliary aide, and event ticketing. Any facility that was built on or after March 15th 2011 must adhere to the new regulations of these four categories in order to avoid serious repercussions.
Service Animals
Definition
“Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purpose of this definition. The work or tasks performed by a service animal must be directly related to the handler’s disability.” (Justice, Changes to ADA affecting Service Animals, Effective March 15, 2011)
"[An] example of work or task include, but are not limited to: assisting individuals who are blind or have low vision with navigation and other tasks; alerting individuals who are deaf or hard of hearing to the presence of people or sounds; providing non-violent protection or rescue work; pulling a wheelchair; assisting an individual during a seizure; alerting individuals to the presence of allergens; retrieving items such as medicine or the telephone; providing physical support and assistance with balance and stability to individuals with mobility disabilities; and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purpose of this definition.” (Justice, Changes to ADA affecting Service Animals, Effective March 15, 2011)
Effects on Parks and Recreation Facilities
This definition is the first that has properly defined what a service animal is, clearly stating that they can be dogs only. The only other animal allowed, for certain circumstances, is a miniature horse. As a service animal (defined as a dog) park and recreation facilities can now be more assertive in their policies regarding owners trying to bring pets into their facilities. There have been cases where owners of wild and exotic pets have attempted to bring pets onto sites claiming that their animal is a service animal. With regulations the way they were, facility managers were not allowed to ask for documentation stating that the claimed service animal was indeed a service animal.
Facilities still cannot ask for documentation; at least now they can turn away pet owners who claim other animals as service animals. The problem with the change in the ADA regulations is the definition of miniature horses. Miniature horses, in some cases can be used as a service animal, but a clear definition of acceptable cases is not really stated or defined. The ADA regulations did, however, attempt to infer that all facilities must clearly define that their facility cannot handle a miniature horse in cases where the presence of a one can compromise the safety of the facility and its patrons. Other than that, park and recreation facilities are burdened with the task of checking their facility and adjusting within reason to accommodate miniature horses.
Personal Mobility Devices
Definitions
“A wheelchair is a manually-operated or power-driven designed device designed primarily for use by an individual with mobility disability for the purpose of both indoor and outdoor locomotion. This definition does not apply to Federal wilderness areas.” (Trails, 2011)
Other Power-Driven Mobility Device
An Other Power-Driven Mobility Device (OPDMD) is defined in the rules as: "any mobility device powered by batteries, fuel, or other engines – whether or not designed primarily for use by individuals with mobility disabilities – that is used by individuals with mobility disabilities for the purpose of locomotion, including golf carts, Electronic Personal Assistance Mobility Devices (EPAMDs), such as the Segway PT, or any mobility device designed to operate in areas without defined pedestrian routes, but wheelchairs are not defined in this section. This definition does not apply to Federal wilderness areas.” (Trails, 2011)
Effects on Parks and Recreation
This new law has a large impact on facilities but most of all it has a large impact on facilities with trails as one of their main products. This clear definition of “other power-driven mobility devices” forces parks and recreation facilities to allow any individual with any type of power-driven device to use their trail and hiking paths. This is not only a burden on the facility management but it is in some way a very profound environmental issue. So in order for facilities to protect their trail and hiking paths the facility managers must assess a proper plan which will protect their trail and hiking paths.
“The Department of Justice (DOJ) will allow facilities to turn away some of these OPDMD but the facility must provide the DOJ with the following to do so:
a) The type, size, weight, dimensions, and speed of the device;
b) The volume of pedestrian traffic (which may vary at different times of the day, week, month, or year);
c) The design and operational characteristics (e.g., whether its service, program, or activity is conducted indoors, its square footage, the density and placement of stationary devices, and the availability of storage for the device, if requested by the user);
d) Whether legitimate safety requirements can be established to permit the safe operation of the other power-driven mobility device in the specific facility; and
e) Whether the use of the other power-driven mobility device creates a substantial risk of serious harm to the immediate environment or natural or cultural resources, or poses a conflict with Federal Land Management laws and regulations.” (Trails, 2011)
Although this helps in the protection of the trails and hiking paths of individual facilities, facility managers must determine the best solutions in what they can allow onto their trails. The ADA regulations can be tricky because when it speaks about the environment, it uses the words “immediate but not long term.” This is a concern because impaction and erosion caused by foot and wheel travel can take years to appear and can be often overlooked as an immediate environmental impact.
Auxiliary Aids
Definition
“Auxiliary aids and services includes:
a) Qualified interpreters on-site or through video remote interpreting (VRI) services; note takers; real-time computer-aided transcription services; written materials; exchange of written notes; telephone handset amplifiers; assisted listening devices; assisted listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices; video-text displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing;
b) Qualified readers; taped texts; audio recordings; braille materials and displays; screen reader software; magnification software; optical readers; secondary auditory programs (SAP); large print materials; accessible electronic and information technology; or other effective methods of making visually delivered materials available to individuals who are blind or have low vision;
c) Acquisition or modification of equipment or devices; and
d) Other similar services and actions.”
(ADA One, 2008 - 2012)
Effects on Parks and Recreation
This ADA law is a revision of the current law and clearly defines the necessary elements to make a facility ADA compliant concerning those with visual and hearing disabilities. Facility managers will now have to adhere to all the detail and have systems in place to provide access to both the hearing impaired and the blind and partially blind. This can prove to be costly for a facility concerning the amount of equipment that seems to be necessary to properly adhere to the new ADA revisions. The DOJ will not have any exceptions to the rule and all facilities built on or after March 15th 2011 must provide the proper equipment and accommodations.
Event Ticketing
Definitions
“Ticket Sales: Venues are required to sell tickets for accessible seats in the same manner and under the same conditions as all other ticket sales.
Ticket Prices: Venues cannot charge higher prices for accessible seats than for non-accessible seats in the same seating section. This concept also applies to service charges added to the cost of ticket, whether charged by the venue or a third-party seller. Venue must offer seats in all price categories available to the public.
Identification of Available Accessible Seating: Venues and third-party sellers must provide the same information about accessible seats as provided about non-accessible seats, using the same text and visual representations. Typically information about location, price, view, and seat availability is provided. Accessible seats must be described in enough detail to permit the purchaser to determine if a seat meets his or her needs. If a venue has detailed maps or displays of seating configurations on its website or if it provides seating information in its pamphlets or brochures, including information for particular events or shows, it must include information on accessible seating in the same detail as is provided on non-accessible seating.
Group Sales: Many venues offer a group sales rate for groups of a pre-determined size. If a group includes one or more individuals who need accessible seating, the entire group should be seated together in an area that includes accessible seating. If it is not possible to seat the entire group together and the group must split, the tickets should be allocated so that the individuals with disabilities are not isolated from others in their group.
Hold and Release of Tickets for Accessible Seating: Generally, tickets for accessible seats may not be sold to members of the general public who do not need the specific features of accessible seats. However, in three specific circumstances, unsold accessible seats may be released and sold to members of the general public
Ticket Transfers and Secondary Ticket Market: If Venues permit patrons to give or sell their tickets to others, the same right must be extended to patrons with disabilities who hold tickets for accessible seats and to persons with disabilities who intend to buy or receive tickets on the secondary ticket market. An individual with a ticket for an accessible seat may transfer it to anyone, including someone who does not have a disability. Venues cannot require that accessible seats only be transferred to someone with a disability.
Prevention of Fraud in Purchase of Tickets for Accessible Seating: Venues cannot require proof of disability as a condition for purchasing tickets for accessible seats. However, venues and third-party vendors may take steps to prevent the fraudulent sale and use of accessible seating.”
(Justice, Ticket Sales, 2011)
Effects on Parks and Recreation
This can be challenging and confusing for facility management when trying to accommodate a disabled person(s) as well as developing a competitive ticketing policy. Facility managers will have to determine a proper seating arrangement where they can not only accommodate a disabled person but in a sense accommodate their friends as well. At a larger facility this could be seen as a challenge especially when dealing with a sold out show or a seating arrangement that has been already purchased by one group that has occupied seating around disable seating and another group with a disabled member wishes to sit close together but there are not seats available.
A facility manager must also become aware of the effects of ADA has on his budget when designing a facility and delivering his product because in designing accommodations for the disable he must know that those areas are reserved for the disable only and if there are disabled individuals or not those areas must remain open for disabled individuals only. This can be an unavoidable cost to the facility, especially since tickets for disabled seating cannot be charged any more than the average ticket price. Although a facility manager could pass the cost onto the rest of the participants, this gives a facility manager a very narrow window of pricing and competing against competitors. The ADA regulations protecting the disabled in this case is very justifiable but facility managers must be aware of the law to brace themselves for the cost of this requirement.
Conclusion
These four revisions of the ADA law effects the Willis Wild Life Ranch in many ways and for the most part three of the four are very manageable ADA requirements. Ticketing, Auxiliary Aids, and Service Animals are requirements that Wild West Life Ranch will easily be able to handle. Ticketing for events and special programs will reflect the ADA law and with the design of the event rooms as well as the outdoor activities, purchasing of a ticket to either type will automatically accommodate an individual whether they are disabled or not. The reason for this is because there is no fixed seating in the event rooms and all outdoor activities are on free roaming landscapes.
Auxiliary Aids will be purchased and a listing of specialist will be available to any individual with a disability. All specialists will be outside consultants that will be scheduled to assist with individuals who are in need of assistance. Service animals will not be a problem either because the ranch is an outdoor recreation facility and all of our lodging are cabins or camp sites. We will be especially capable of handling any individual with a mini horse since our facility offers programs on horseback; we can accommodate an individual’s mini horse at our stable and have it brought back and forth to an individual at will.
The one ADA regulation that may be a problem is the revision of other power-driven mobility device. Since the regulation seems to be saying that any vehicle can be considered a means of transportation for a disabled individual the Willis Wild Life Ranch can have a concern about how this will be interpreted by an individual and in turn what type of vehicles they will bring onto the property. Since the trail at the WWL Ranch is both a hiker trail and horseback trail it is difficult to create a policy that prohibits some OPDMD.
WWL Ranch could develop speed limit signs as well as weight limits, but the major concern would be how the regulation defines an OPDMD as something that is an immediate danger to the environment. This could raise a concern since impaction and displacement are not really considered immediate dangers. Because of this, WWL Ranch would have to consider a larger budget for trail repair over the cost of the common hiker or horseback rider and include the damage that could incur from OPDMDs.
Bibliography
ADA One, L. (2008 - 2012). State and Local Governments. Retrieved 3 7, 2012, from ADA One: http://ada-one.com/focus/state-and-local-governments/
Business, A. (2011, 1 27). Rec Agencies Face New ADA Requirements. Retrieved 3 7, 2012, from Athletic Business: http://athleticbusiness.com/articles/article.aspx?articleid=3704&zoneid=19
Justice, U. D. (2011). Changes to ADA affecting Service Animals, Effective March 15, 2011. Retrieved 3 7, 2012, from Department of Justice: http://edocket.access.gpo.gov/2010/2010-21824.htm
Justice, U. D. (2011, 07 07). Ticket Sales. Retrieved 03 07, 2012, from Revised ADA requirements: www.ada.gov/ticketing_2010.htm
Trails, A. (2011). BASIC FACTS on Department of Justice rule on power-driven mobility devices for accessibility. Retrieved 3 7, 2012, from American Trails: http://www.americantrails.org/resources/accessible/OPDMD-DOJ-requirement-basic.html