Transcript Technical Housekeeping Handouts and archive at Infopeople.org Content comments and questions chat at bottom of screen Technical questions “HELP” at bottom of screen [email protected] event ID: infopeople (212) 651-8060 Evaluation sent to.

Technical Housekeeping
Handouts and archive
at Infopeople.org
Content
comments and questions
chat at bottom of screen
Technical questions
“HELP” at bottom of screen
[email protected]
event ID: infopeople
(212) 651-8060
Evaluation
sent to you
.
http://www.infopeople.org/training/webcasts/
Disability Accommodations
for the Public
Infopeople Webcast Series 2:
Third Thursday
Instructor:
Thursday, March 20, 2002
12:00 noon to 1:00 p.m
Mary Minow, J.D., A.M.L.S.
LibraryLaw.com
[email protected]
AGENDA
• Informal Questions
• Overview of Laws
• Physical Barrier Cases
• Access to Information Cases
.
Legal Disclaimer
• Legal information
• Not legal advice!
.
Technical Housekeeping
Handouts and archive
at Infopeople.org
Content
comments and questions
chat at bottom of screen
Technical questions
“HELP” at bottom of screen
[email protected]
event ID: infopeople
(212) 651-8060
Evaluation
sent to you
.
http://www.infopeople.org/training/webcasts/
INFORMAL QUESTIONS
• Letters to Department of Justice
(DOJ) from libraries, Senators
• Not legal precedent, but may be
persuasive
.
Public Libraries: Books on
Upper Floors
…if a public library's open
stacks are located on upper
floors having no elevator, as
an alternative to making the
upper floors accessible,
library staff may retrieve
books for patrons who use
wheelchairs as long as the
aides are available during
the operating hours of the
library.
John L. Wodatch, Dept. of Justice 1995 .
http://www.usdoj.gov/crt/foia/tal660.txt
Bookmobiles Wheelchair Lifts?
State Library of Ohio
Library may install
wheelchair lift or give
program access by
using aides to locate
and retrieve books.
John L. Wodatch, Dept. of Justice 1993 .
http://www.usdoj.gov/crt/foia/tal434.txt
Public TTY Phone?
Richardson Public Library (TX) patron requested
TTY pay phone
Response: Standards
require provision of a
public TTY only when
the facility provides
four or more public
pay telephones.
Deval Patrick, Dept. of Justice 1995 .
http://www.usdoj.gov/crt/foia/tal663.txt
Public TTY Phone?
ASCLA Guidelines
3.2.2 A text telephone
(TTY) should be available
at each main service
point, for example each
reference desk, in each
library. TTYs must be
provided for use by deaf
staff members and at
least one TTY should be
available in each library
for public use.
American Library Association. Association of Specialized and
Cooperative Library Agencies. Guidelines for Library and
Information Services for the American Deaf Community (2002).
http://www.ala.org/ascla/lssps/guidelinesweb.html
Unlicensed Service Dog?
Stanford Free Library (NY)
patron needed service dog
No licenses required
for service animals
- ADA II and III
Local licensing laws
do not apply
Bill Lann Lee, Dept. of Justice 1998 .
http://www.usdoj.gov/crt/foia/tal748.txt
Service Dog FAQ
Service animal?
Trained to help person with disability
Where can it go?
Anywhere patron can go
Is library responsible?
No responsibility to take care of dog
What if dog is dangerous?
May exclude animal if direct threat to
health or safety based on that
particular animal
.
DOJ Service Animals FAQ at:
http://www.usdoj.gov/crt/ada/qasrvc.htm
Overview of Federal Laws
Architectural Barriers Act (1968)
Buildings using federal funds must comply with federal
accessibility standards 42 U.S.C. Sects. 4151 et seq.
Rehabilitation Act Sect. 504 (1973)
Prohibits discrimination in programs receiving federal
funds; Regulations are specific than Title II, and include
requirements for colleges and universities 29 U.S.C. Sect. 794
Americans with Disabilities Act (1990)
42 U.S.C. Sects. 12101 et seq.
Telecommunications Act of 1996
Requires public and private to provide communications in
accessible formats 47 U.S.C. Sect. 255, 251(a)(2)
.
ADA Applies to State Library Agencies
… For Now
TREND TOWARDS STATE IMMUNITY FROM
FEDERAL CIVIL RIGHTS LAWS
Age Discrimination Employment Act (ADEA)
-state government immune
Kimel v. Florida Bd. of Regents (2000)
ADA Employment
–state government immune from $ damages
Univ. of Alabama v. Garrett (2001)
ADA Title II – case scheduled before Supreme
Court March 2003
–disability advocates persuaded California to
withdraw its appeal at last minute
Medical Board of California v. Hason
.
ADA applies to California
State Library Agencies
AB 677 (2001)
Amended California Govt Code
Requires the state to comply
with the same
nondiscriminatory obligations
that apply to its political
subdivisions, contractors and
other recipients of state
financial assistance.
.
Cal. Gov. Code §11135; response
to
University of Alabama v. Garrett, 531 U.S. 356 (2001).
California Law
Unruh Civil Rights Act
Cal. Civ. Code, Sect. 51
Blind and Other Physically Disabled Persons
Act
Cal. Civ. Code Sect. 54
Unfair Competition Law
Cal. Bus. Prof. Code Sect. 17203
Facilities
Public funds
Cal. Gov. Code, Sect. 4450 et seq.
Private funds (facilities open to the public)
Cal. Health & Safety Code,
Sect. 19955 et seq.
.
http://www.dsa.dgs.ca.gov/UniversalDesign/
Sect. 508: Electronic Access
Rehabilitation Act
Sect. 508
require that electronic and information technology
purchased or used by federal agencies must be
accessible for use by persons with disabilities
(1998)
applicable to the states though
Assistive Technology Act
of 1998
29 U.S.C. § 3002
.
Americans with Disabilities Act
Public vs. Private Libraries
Title II
State and Local Govt
(public ownership)
Title III
Public
accommodations
(Private ownership)
public libraries,
public schools,
public universities
Most private libraries,
private schools,
private universities
.
ADA Standards
Public vs. Private Libraries
Title II
State and Local Govt
Title III
Public
accommodations
Dual standard based
on date of facility:
Facility access or
Program access
Remove barriers when
“readily achievable”
easily accomplishable and able
to be carried out without much
difficulty or expense.
ADAAG or UFAS standard
(see handout)
ADAAG standard
.
Must Branches be Accessible?
Three branches inaccessible – all
built before 1992
Branches offered “very limited
services” (books, magazines, children's
programs) 20 hrs/wk
Main library “full service”
Patron lost:
All programs “accessible” at
Main library
.
Orangeburg County Library (South Carolina),
6 NDLR (LRP) 233 (1994)
Title II and III Complaints
• Must be filed with Dept. of Justice
within 180 days of discrimination
www.usdoj.gov/crt/ada/adahom1.hom
– OR
• May also be enforced through
private lawsuits in federal court
.
Physical Barrier Cases
.
ADA: Public Buildings
On or after January 26, 1992
Facilities must be accessible
Before January 26, 1992
Programs and services must
be accessible
Alternate methods such as
bookmobiles, home
delivery, staff aides
28 C.F.R. § 35.151(a), (b)
.
Rehabilitation Act:
Recipients of Federal Funding
On or after June 3, 1977
Facilities must be accessible
Before June 3, 1977
Programs must be accessible
34 C.F.R. § § 104.22 and 104.23 .
California Facilities Must Be Accessible
SINCE OVER THIRTY YEARS AGO!
1968+ Public funds
Facilities must be accessible
Cal. Gov. Code, Sect. 4450 et
seq.
July 1 1970+ Private funds
Facilities open to the public
must be accessible
Cal. Health & Safety Code,
Sect. 19955 et seq.
.
Santa Cruz Library Re-cementing was
an Alteration - 1978 Calif. Atty Gen Op.
Branch library built 1930s
Early 1977 City poured new
concrete over cracked steps,
porch, walkway; replaced
handrails $2,337.00
Triggered accessibility
requirement
– some flexibility to meet
requirements
61 Op. Atty Gen. Cal. 555
.
Opinion No. CV 78-35 (December 22, 1978),
Citing Calif. Govt Code Sect. 4456, 4451
Under ADA Patron Must Show: QID
Qualified
Individual
with
Disability?
Patron Denied
Services,
Programs
Physical or mental impairment
Substantially limits major life activity
A record of such an impairment, or
“Regarded as having such an
impairment.”
Discrimination
because of
disability
Need not show library had
intent to discriminate
42 USCA § 12132
.
Under ADA Patron Must Show:
Qualified
Individual
with
Disability?
Patron Denied
Services,
Programs
Discrimination
because of
disability
Denied Program
Title II
State and
Local Govt
Title III
Public
accommodations
Facility
access or
Remove barriers
when “readily
achievable”
Program
access
42 USCA § 12132
.
Libraries: Affirmative Defense
-Fundamental Alteration
Fundamental
Alteration
e.g. put lights on
during scary
Halloween program
.
See 28 C.F.R. § 35.130(b)(7);
28 C.F.R. §§ 35.150(a)(3), 35.164
Libraries: Affirmative Defense
-Undue Burden
Burden on agency
Fundamental
Alteration
Undue
Burden
All resources available
considered
Written statement by
agency head
or designee
Action to ensure maximum
benefits to people with
disabilities
See 28 C.F.R. § 35.130(b)(7);
28 C.F.R. §§ 35.150(a)(3), 35.164
.
Case: Patrons Sue Carlsbad over Library
Restrooms, Elevator, Drinking Fountain
(and other city facilities)
Qualified
Individual
with
Disability?
Carlsbad: not qualified
because they didn’t
formally request services
before filing lawsuit
Court: Patrons do not
need to request services
before filing suit
Shonfeld v. City of Carlsbad, 978 F. Supp. 1329 (S.D. Calif. 1997),
aff’d without published opinion172 F.3d 876 (9th Cir. 1999)..
Under ADA Patron Must Show:
Qualified
Individual
with
Disability?
Patron Denied
Services,
Programs
Discrimination
because of
disability
Title II
State and
Local Govt
Remodeled 1995
Facility
access or
Drinking
fountain nonADA despite
manufacturer’s
representation
Program
access
Court:
remodeled areas
ADA compliant
Shonfeld v. City of Carlsbad, 978 F. Supp. 1329 (S.D. Calif. 1997),
aff’d without published opinion172 F.3d 876 (9th Cir. 1999)..
Common ADA Errors in New
Construction and Alterations
www.usdoj.gov/crt/ada/errors.pdf
Don’t rely solely on
architect
Common errors listed
on handout
.
Undue Burden to
Fix Restroom Right Now
Fundamental
Alteration
Undue
Burden
Restrooms remodeled
Men’s restroom
clearances technically
correct due to existing
physical restraints.
City showed that
upcoming remodel
would fix this
.
Shonfeld v. City of Carlsbad, 978 F. Supp. 1329 (S.D. Calif. 1997),
aff’d without published opinion172 F.3d 876 (9th Cir. 1999).
Ramp Installation
Settlement
agreement to
resolve access
problems at library.
The city took lead
responsibility for
installing a ramp to
make the entrance
accessible.
Natchez, Mississippi
Dept. of Justice 1998 Status Report
http://www.usdoj.gov/crt/ada/aprjun98.htm
.
Public Library
Program Found Accessible
Library’s essential
programs
Doors
Parking
Accessible route
Restrooms
Alarms
Drinking fountains
Entrances
Signage
.
Town of Seekonk (MA) 3 NDLR (LRP) 87 (1992)
Public Library
Program Found Accessible
Additional programs
Technical services Reference
services Children's room
Stacks
Reference materials
Computer cataloging
system, Computer
employment search system
Computer magazine search
system
were accessible.
.
Town of Seekonk (MA) 3 NDLR (LRP) 87 (1992)
Public Library
Program Access: Failed
Built before 1977
Program Access:
Book lending
Lunching With Books
Summer reading
program for children
National Library Week
AILED
no parking
no accessible route
sidewalk curbs
no restrooms
.
Tombigbee Regional Library (MS) 2 NDLR (LRP) 16 (1991)
Public Library
Program Access: Failed
Built before 1977
AILED
Steep stairs to basement that had
children's area, meeting room
and non-fiction books
Inaccessible restroom
Added disabled parking after
complaint filed
Seaford Public Library (NY) 1 NDLR (LRP) 227 (1990)
.
Library in Temporary Location
Must be Accessible
Doors
Parking
Accessible route
Restrooms
Alarms
Drinking fountains
Entrances
Signage
ailed to notify
patrons that library will
retrieve items for patrons
Wheelchair height circ desk
No public meeting room and
no adult programs are
being but children's
crafts programs and
storytimes
.
Attleboro Public Library (MA), 4 NDLR (LRP) 106 (1993)
Orangeburg Library Failed in
These ADA Requirements:
disseminate information to
patrons about ADA protections
28 C.F.R. Section 35.106
designate ADA Coordinator
28 C.F.R. Section 35.107(a)
adopt grievance procedures for ADA
complaints
28 C.F.R. Section 35.107(b)
.
Orangeburg County Library (South Carolina),
6 NDLR (LRP) 233 (1994)
Access to Information Cases
Both Title II and Title III
libraries
must ensure effective
communication to
patrons, providing
auxiliary aids and
services.
Both must provide
reasonable modifications
for patrons unless it
would create an undue
burden or a fundamental
alteration.
.
Case: Student Wanted to Use Library’s
Special Collections In Another Location
Student with bronchial
asthma requested
materials in room with
open window without
carpeting
OCRstudent was not
“handicapped person”
under Sect. 504; stable
University not obligated
to alter special collection
rules
Kent State University, 1 NDLR (LRP) 33 (1990)
.
Case: Student Wanted to Use Library’s
Special Collections In Another Location
Student with bronchial
asthma requested
Qualified
materials
in room with
Individual
open window
without
with
carpeting
Disability?
NO
OCRstudent was not
“handicapped person”
under
Case
bySect.
case504;
– stable
next person with
University not obligated
asthma
to alterMIGHT
special collection
meet
rulesthis hurdle
Kent State University, 1 NDLR (LRP) 33 (1990)
.
Patron with Mental Impairment
Limited to One ILL per Week
Sec 504 claim
Patron made 1-20 requests
per day
Library board limited him
to one per week
Office for Civil Rights:
burdensome effect on
other services
Library won
.
Caldwell Public Library (OH), 4 NDLR (LRP) 162 (1991)
Patron with Mental Impairment
Limited to One ILL per Week
Sec 504 claim
Patron made 1-20 requests
per day
Library board limited him
to one perUndue
week
Office for Civil
Rights:
Burden
burdensome effect on
other services
Library won
.
Caldwell Public Library (OH), 4 NDLR (LRP) 162 (1991)
“Digital Accessibility”
• User doesn’t rely on sole
sense to receive information
• Prime directive: Separate
CONTENT from FORM
• If presented visually,
present it in audible or
tactile format
.
Does the ADA apply to digital
resources online databases
and web sites?
Yes. The ADA applies to the information
and services in libraries, just as it
applies to the physical buildings.
Section 508 sets electronic information
technology guidelines, both in creating
and purchasing electronic information.
.
Sect. 508: Electronic Access
Rehabilitation Act
Sect. 508
require that electronic and information technology
purchased or used by federal agencies must be
accessible for use by persons with disabilities
(1998)
applicable to the states though
Assistive Technology Act
of 1998
29 U.S.C. § 3002
.
Web Content
Advisory Guidelines
Examples
• Priority One - use ALT tag for images
(otherwise its "[IMAGE]" to screenreader)
• Priority Two – identify target for links
• Priority Three – keyboard shortcuts
http://www.w3.org/TR/WAI-WEBCONTENT
.
OCR Letter: Cal State LA
(April 1997)
– Blind students claimed library services
provided to others during semester
break inaccessible
– Analogy: existing construction vs. new
construction and renovations
– Ad hoc to approach IT access resulted in
denial of access – the University’s
method of administration resulted in
discrimination
California State University – Los Angeles. Complaint No. 09-97-2002
.
199 NDLR (LRP) LEXIS 525 (April 7, 1997)
Are Public Universities and Colleges
Held to the Same Standards
as Public Libraries?
OCR – university library
purpose is to enhance
curricula
May not condition access
to microfiche based on
academic need if
nondisabled students
have access
California State University – Los Angeles. Complaint No. 09-97-2002
.
199 NDLR (LRP) LEXIS 525 (April 7, 1997)
Purchasing Choices
At a minimum, a public
entity has a duty to
solve barriers to
information access that
the public entity's
purchasing choices
create
California State University – Los Angeles. Complaint No. 09-97-2002
.
199 NDLR (LRP) LEXIS 525 (April 7, 1997)
Library Hi Tech
February 1, 2002
• 28 articles on electronic resources
and accessibility – from websites
to databases to screen readers
»Available through Ebscohost
.
California Community Colleges
Chancellor’s Office
Suggests vendor contract language:
"Vendor hereby warrants that the products or services to be
provided under this agreement comply with the accessibility
requirements of section 508 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. § 794d), and its implementing regulations
set forth at Title 36, Code of Federal Regulations, part 1194.
Vendor agrees to promptly respond to and resolve any complaint
regarding accessibility of its products or services which is
brought to its attention. Vendor further agrees to indemnify and
hold harmless the __________ Community College District, the
Chancellor's Office of the California Community Colleges, and any
California community college using the vendor's products or
services from any claim arising out of its failure to comply with
the aforesaid requirements. Failure to comply with these
requirements shall constitute a breach and be grounds for
termination of this agreement."
CA Community Colleges Chancellor's Office, Legal Opinion M.01-17
http://www.icdri.org/legal/Ccommunity.htm
Public Libraries
and Patron Preferences
“In determining what type of auxiliary
aid and services is necessary, a
public entity shall give primary
consideration to the requests of the
individual with disabilities.”
– 28 CFR 35.160(b)(2)
.
Public Libraries
and Patron Preferences: Analysis
Preferences need not be honored if the
library can demonstrate that:
another effective means of
communication exists;
the preference would result in a
fundamental alteration of the program;
or
the preference would result in undue
financial and administrative burdens
-- Analysis, 28 CFR 35.160(b)(2)
.
Title III (Private)
and Websites
Despite overwhelming arguments to
the contrary, first court case on
issue says website is not a
concrete place of accommodation
So ADA doesn’t apply
Access Now v. Southwest Airlines,
227 F. Supp. 2d 1312 (SD Fla. .2002)
ACCESS CHECKERS
Bobby
http://www.cast.org/bobby/
TIdy
http://www.w3.org/People/Raggett/tidy
Tom
http://lunch.ncsa.uiuc.edu/tom/
.
Summary
Both Title II and Title III
libraries
must ensure effective
communication to
patrons, providing
auxiliary aids and
services.
Both must provide
reasonable modifications
for patrons unless it
would create an undue
burden or a fundamental
alteration.
.
What You Should Know About
Public Employee
Liability and Immunity
Infopeople Webcast Series 2:
Third Thursday
Instructor:
Thursday, April 17, 2002
12:00 noon to 1:00 p.m
Mary Minow, J.D., A.M.L.S.
LibraryLaw.com
[email protected]
.
Technical Housekeeping
Handouts and archive
at Infopeople.org
Content
comments and questions
chat at bottom of screen
Technical questions
“HELP” at bottom of screen
[email protected]
event ID: infopeople
(212) 651-8060
Evaluation
sent to you
.
http://www.infopeople.org/training/webcasts/