Comments needed on proposed ADA changes

From the Disability Rights Education and Defense Fund (DREDF):

The Department of Justice (DOJ) recently issued major proposed revisions to its regulations implementing Titles II and III of the Americans with Disabilities Act (ADA).

The deadline for comments is August 18, 2008.

Some of DOJ’s changes are excellent, and urgently needed. It is important that the disability community laud these, to support DOJ against industry attack. Good proposals include adoption of the new 2004 ADAAG, stronger hotel reservation and ticketing provisions, recognition of psychiatric service animals, additional companion seating in theaters and stadiums, and stronger provisions for effective communication for people with hearing, visual, and speech disabilities.

However, there are also many draconian changes that would radically reduce the rights of people with disabilities to accessible facilities. For example, DOJ proposes:

• A significant weakening of the readily achievable barrier removal requirement for public accommodations;
• A significant reduction of elements required to be accessible in state and local government facilities;
• An exemption for all existing facilities from the new recreation and playground rules.

DOJ must receive a flood of comments from the disability community in favor of a strong, comprehensive ADA. Comments must defend the principle of individual, case-by-case assessment, which DOJ is largely abandoning in favor of many blanket reductions. We must remind DOJ that the ADA is already carefully crafted to take the needs of covered entities into account, and that reductions to our civil rights would be a devastating blow to our daily lives.