Important changes to the ADA Title II and Title III regulations
Author: DOJDate: Mar 31, 2011
What are the changes?
Service animals The definition of service animals now only includes dogs. Other animals, whether wild or domestic, do not qualify as service animals. Dogs must be individually trained to do work or perform tasks. Dogs that are not trained to perform tasks that mitigate the effects of a disability, including dogs that are used purely for emotional support, are not service animals. The regulations also clarify that the animal must be under the handler's control at all times, that the handler is responsible for the animal's care and what questions can and can't be asked a person who says his dog is a service animal,
Miniature horses - Although not under the definition of service animals, the regulations permits the use of trained miniature horses as alternatives to dogs, where appropriate.
Wheelchairs and Other Power-Driven Mobility Devices - The regulations distinguish wheelchairs and "other power-driven mobility devices (OPDMDs). OPDMDs are mobility devices not designed for people with disabilities, but which are often used by people with disabilities (such as the Segway).
Wheelchairs must be permitted in all areas open to pedestrian use. - OPMDs must be permitted unless there use would fundamentally alter programs, services, or activities, create a direct threat, or create a safety hazard.
Ticketing - The regulations include requirements for the sale of tickets for accessible seating, information about the location and availability of accessible seating, hold and release of accessible seating to persons other that those who need accessible seating, prevention of the fraudulent purchase of accessible seating, and the ability to purchase multiple tickets when buying accessible seating.
Effective Communication - The regulations include video remote interpreting (VRI)Services as a kind of auxiliary aid that may be used to provide effective communication. To ensure that VRI is effective, the regulations include performance standards for VRI and requires training for users of the technology.
More regulations changes go into effect next year on March 15, 2012. We will discuss those in future newsletters.Written by Kathy Gips, Director of Training, New England ADA Center
- Further Reading and Resources:
- Revised Final Title II Regulation with new requirements
- Revised Title III Regulations with new requirements
- ADA Update: A Primer for Small Bussiness (HTML) (PDF)
- Revised ADA
