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Arts and Accessibility

Discover the laws and regulations regarding persons with disabilities in the arts, including physical and program accessibility, service animal rights, and P&A's charge.

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Arts and Accessibility

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  1. Arts and Accessibility LCAA Protection and Advocacy April 25, 2019

  2. Agenda • Protection and Advocacy information • Laws regarding persons with disabilities • Physical Accessibility • Program Accessibility • Service Animals

  3. P&A’s Charge • To provide legally-based advocacy for persons with disabilities • Seven federal grants • PADD - PATBI • PAIMI - PABSS • PAIR - PAVA • PAAT

  4. Kentucky P&A • Independent State Agency • 18 Staff • 7 attorneys • 6 advocates • 4 support staff • Executive Director • 2 Teams—Adult and Children & Youth

  5. What Kentucky P&A Does • Information and Referral • Individual Case Representation • Training • Systemic Advocacy • Legislative and Regulatory Activities

  6. Laws that Affect Disability • Section 504 of the Rehabilitation Act of 1973 • Americans with Disabilities Act • 1990 • Amendments Act of 2008 • Kentucky Civil Rights Act

  7. Section 504 • Prohibits discrimination on basis of disability by any entity receiving federal funds • Includes many museums, theater programs, colleges & universities, and state and local programs

  8. ADA AA • Prohibits discrimination on basis of disability in: • Employment (Title I) • State & Local Government (Title II) • Public Accommodations (Title III)

  9. Kentucky Civil Rights Act • Mirrors the definition of disability in Section 504 and the ADA • Applies to places of public accommodation

  10. Title III Public Accommodation • Businesses usually open to the public • 12 categories, including: • motion picture house, theater, concert hall, stadium or other place of exhibition, or entertainment • Auditorium, convention center, lecture hall, or other place of public gathering • Museum, library, gallery, or other place of public display or collection

  11. Section 504/ADA Elements • Person has a disability • Person is “otherwise qualified” • Because of the disability, the person is being • excluded from a program • denied benefit of a program • discriminated against

  12. Definition of Disability • Physical or mental impairment that substantially limits one or more major life activities • Record of having a disability • Is regarded as having a disability

  13. Major Life Activities • caring for one’s self • performing manual tasks • seeing • hearing • eating • sleeping • walking • standing • sitting • reaching • lifting • bending • speaking • breathing • learning • reading • concentrating • thinking • communicating • interacting with others • working

  14. Otherwise Qualified • Capable of meeting the essential eligibility requirements for the program/activity with or without reasonable accommodations

  15. Discrimination • Exclusion • Architectural or communication barriers • Exclusionary qualification standards or criteria

  16. Physical Accessibility • 2010 ADA Standards for Accessible Design • Effective March 15, 2012 • Previously, 1991 Standards • Safe harbor • https://www.adachecklist.org/

  17. Architectural BarriersPhysical Accessibility • Parking • Entrances/exits • Accessible routes • Signs • Bathrooms • Drinking fountains • Public phones • Assembly Areas

  18. Barrier Removal • Must be readily achievable—easily accomplishable and able to be carried out without much difficulty or expense • Look at structure and resources

  19. Reasonable accommodations • Accommodation must be individualized • The individual needs of the persons with a disability should be met to the same extent as the needs of persons without disabilities

  20. Common Accommodations • Deaf and Hard of Hearing(HOH) • Assistive listening devices • American Sign Language • Captioning/CART (Computer Assisted Real-time Translation) • Blind • Braille and Large Print Programs • Audio Description

  21. Defenses • Fundamental alteration • Undue burden • Direct threat to health or safety of others

  22. Service Animals • Any dog individually trained to do work or perform tasks for an individual with a disability • Tasks performed must be directly related to the individual’s disability • Excludes the tasks of provision of emotional support, well-being, comfort or companionship

  23. Service Animals • Allowable questions: • Is this a service animal? • What tasks does the dog perform? • Must have vaccinations/immunizations • Must be kept under control and physical needs met • Cannot be charged ticket price/pay fare

  24. Remedies • Internal Grievance • Complaint to Federal Funding Agency • OCR complaint—Section 504 • DOJ complaint—ADA • Federal Court actions

  25. Kentucky Protection and Advocacy www.kypa.net Heidi.Schissler@ky.gov (800) 372-2988 (502) 564-2967

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