View the PowerPoint with this week, and answer the questions below. Give an example of a personal perspective of belief-short-
Answer these questions: There are six ways to enforce the ADA, described in the PowerPoint. Which should occur most often? Which has the greatest cost? else. Please explain why you have that belief.
There are four steps in the Therapeutic Recreation Process, and Eight Steps in the Recreation Inclusion Process. Which four steps are found in both processes?
Give me your opinion: should medical marijuana, in the more than 33 states in which it is legal, be viewed as a reasonable modification under the ADA? Support your opinion.
Revisit the PowerPoint and review the Iowa City schools settlement agreement regarding playground accessibility. Answer this question: if accessibility is a function of three factors (design, construction or installation, and maintenance), what is the greatest concern in the Iowa City schools’ playgrounds settlement agreement?
THE AMERICANS
WITH DISABILITIES
ACT: A PRIMER
Florida International University LEI3707
Spring Semester, 2022
John N. McGovern, JD
The WT Group, LLC Accessibility Practice
02/07/2022 2
• What is the ADA?
• How is it enforced?
• Application to parks
and recreation
• 2020 Settlement
• 2021 Settlement
• Hot topics
• Strategies that work
• Conclusions and
Resources
WHAT IS THE
ADA?
02/07/2022 3
• Comprehensive 1992 civil rights law
• Bipartisan legislation, catches up to
the states
• Who is a person with a disability?
• What is ADA title II?
02/07/2022 4
HOW IS IT
ENFORCED?
02/07/2022 5
• 35.107 Internal solutions process (preferred
and most frequent)
• DOI administrative complaint (slowest)
• DOJ administrative complaint (most difficult)
02/07/2022 6
ADA ENFORCEMENT
• Federal District Court (most costly and
unpredictable)
• Project Civic Access (costly, no control)
• Enforcement activity by many States (difficult
to predict)
02/07/2022 7
• It happens whenever there is a change in
governance…usually around 30% change
• Simple math…more civil rights staff means
more ADA complaints can be processed
• DOI, DOE, DOJ remain active
• Annual effort to water down the ADA will
fail
02/07/2022 8
APPLICATION TO
PARKS AND
RECREATION
AGENCIES
02/07/2022 9
• Access audits of existing sites
• Access audits of policies
• Website accessibility
• Transition Plan for phased schedule
of retrofits to sites
02/07/2022 10
SIMPLE STUFF!
• Name an ADA Coordinator
• Have a solutions process
• Engage the disability communities
• Use the eight-step inclusion process
02/07/2022 11
02/07/2022 12
• Invite participation
• Tweak registration
• Conduct
assessment
• Make a plan
• Train staff
• Ongoing
communication
• Plan implementation
• Evaluation
02/07/2022 13
• MMJ, CBD oil as a reasonable modification
• One-on-one staffing
• Anti-seizure medication in nasal and oral
sprays as a reasonable modification
• Playgrounds are complex environments
but must be both safe and accessible
02/07/2022 14
2020
SETTLEMENT
02/07/2022 15
WHAT HAPPENED? WHERE?
• 2010 Standards and new construction
• Title II and treatment of existing facilities
• Iowa City schools, PTO, and playgrounds
• Community and legal expectation…new
sites will be accessible
https://www.ada.gov/iccsd_sa.html
WHAT HAPPENED? WHERE?
• What happens when an agency does not
“hear” community access concerns?
• DOJ evaluated 12 playgrounds, including two
that were new…all 12 failed
• Surface types, maintenance, routes to
playground, component numbers, etc.
• Requirement of the Settlement – 3-Year Term
• No Maintenance = no access
• Accountability – Must oversee installation
• Surface Type is Important – many
decisions and factors to consider
• Safety and access cannot be mutually
exclusive – must be integrated
2021
SETTLEMENT
02/07/2022 19
WHAT HAPPENED? WHERE?
• 2010 Standards and new construction
• Title II and treatment of existing
facilities
• City of Killeen, Texas
• Project Civic Access settlement
https://www.ada.gov/killeen_tx_pca/killeen_sa.html
• Clause 5: US DOJ audited centers, conference
center, arts center, senior center, pools, and
more
• Clause 5: also audited parks, tennis courts, golf
course, picnic pavilions, rodeo arena, and more
• Clause 25: retrofit DOJ sites within 33 months
• Clause 35: audit all sites not seen by DOJ,
retrofit those too
• The basics: notice (12), ADA Coordinator (14),
Internal Solutions Process (18)
• Website (27), sidewalks (23), communications (19),
maintenance (38)
• Employee training (39), audit all other sites within 1
year (35)
• Implement integrated retrofit plan for DOJ, other sites
• Have ILA verify compliance of retrofits, report to DOJ
STRATEGIES
THAT WORK
02/07/2022 23
• Who wants a call from area code 202?
• ADA access audit requirement is 30 years old on
January 26, 2022…why has any agency waited?
• ADA relief is injunctive, but the legal fees can
be significant
• The basics protect you: access audit, transition
plan, ADA Coordinator, notice, internal process,
website
02/07/2022 24
CONCLUSIONS
AND
02/07/2022 25
• Parks and recreation is a quality of life
issue for US DOJ
• ADA enforcement of access and inclusion
will be more swift, more pronounced than
recently
• Rulemaking will resume (golf cars, fitness)
• Engage communities of disabilities
02/07/2022 26
RESOURCES
02/07/2022 27
• US DOJ at 202-514-0301 or
www.ada.gov
• US Access Board at 202-272-0080 or
www.access-board.gov
• ADA Network at 800-949-4232 or go
to the website at www.adata.org
02/07/2022 28
http://www.ada.gov/
http://www.access-board.gov/
http://www.adata.org/
• John N. McGovern, JD, Principal-in-
Charge for the WTG Accessibility
Practice
• 224-293-6451 (d) or 847-363-9384 (c) or
at jmcgovern@wtgroup.com
02/07/2022 29
mailto:john.mcgovern@rac-llc.com
- THE AMERICANS WITH DISABILITIES ACT: A PRIMER
- HOW IS IT ENFORCED?
- APPLICATION TO PARKS AND RECREATION AGENCIES
- 2020 SETTLEMENT
- WHAT HAPPENED? WHERE?
- 2021 SETTLEMENT
- STRATEGIES THAT WORK
- CONCLUSIONS AND RESOURCES
- Slide 28
- Slide 29
CONTENT
WHAT IS THE ADA?
WHAT IS THE ADA?
ADA ENFORCEMENT
ADA ENFORCEMENT
CIVIL RIGHTS EMPHASIS
SIMPLE STUFF!
SIMPLE STUFF!
EIGHT STEPS FOR INCLUSION
TRENDS
2021+ HOT BUTTONS
WHAT HAPPENED? WHERE?
LESSONS LEARNED
WHAT HAPPENED? WHERE?
SETTLEMENT SAYS…
OTHER TERMS
PROACTIVE…
OUR DIRECTION
RESOURCES
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