Information and Guidance on the Americans with Disabilities Act 
Summer 1998 Vol. 2, No.3

This Issue Highlights Information and Resources on Transportation

What's Inside?

Feature Stories

• Supreme Court Rules on Two ADA Cases
• Slater Proposes Accessibility Rule for Over-the-Road Buses
• Nationwide Settlement Reached with Amtrak in ADA Lawsuit

DOJ Update
Employment Update
Regional News
Publications
Frequently Asked Questions
From the Director
Great Web Sites
Building Your Rolodex
Events/Announcements
 

FEATURE STORIES

SUPREME COURT RULES ON TWO ADA CASES

Nearing session's end, the Supreme Court put forth decisions on the first two ADA-related cases to be heard by the nation's highest court. Both decisions should provide greater clarity in not only determining what services and programs are covered by the law, but also who is protected by the Act.

On June 15th, the Supreme Court ruled unanimously that the ADA applies to state prison inmates. The court ruled against the state of Pennsylvania in a lawsuit initiated by inmate Ronald Yeskey. Yeskey, serving 18 to 36 months in prison for drunk driving, resisting arrest and other offenses, was denied admission to a motivational boot camp program because of his history of high blood pressure. Offered a chance to serve a much shorter sentence by spending six months in the boot camp for young offenders, Yeskey was determined ineligible for the program's physical demands.

Justice Antonin Scalia wrote that the law "unambiguously extends to state prison inmates." Pennsylvania argued that complying with the ADA would pose too great a burden. State authorities also argued that applying the law to state prisons would unlawfully limit states' rights.

Many state officials have argued that extending ADA protections to inmates would impose unnecessary burdens, forcing authorities to provide better wheelchair access, interpreters for deaf inmates and special education services for inmates with learning disabilities.
The ruling represented a victory for the Justice Department, which stated that ADA covers state prisons. "Prisoners...do not lose all constitutional rights as a result of their incarceration," it said.

Days later, the Supreme Court ruled that persons with HIV infection are protected by ADA, even if they experience no AIDS symptoms. The 5-4 ruling ordered a lower court to reconsider whether a Maine dentist violated the ADA by refusing to fill an HIV-infected woman's tooth in his office.

The Supreme Court said "HIV infection, even in the so-called a symptomatic phase, is an impairment which substantially limits the major life activity of reproduction."

"HIV infection satisfies the statutory and regulatory definition of a physical impairment during every stage of the disease," Justice Anthony Kennedy wrote for the court.

Kennedy also indicated that the dentist, in deciding how to treat a patient with HIV-infection , "had the duty to assess the risk of infection based on the objective, scientific information available to him and others in his profession."
Sidney Abbott visited dentist Randall Bragdon in Bangor, for an appointment in 1994. She indicated she was HIV-positive, but had no AIDS symptoms. Bragdon found a cavity during the visit and told Ms. Abbott that, under his infectious-disease policy, he would not fill the cavity in his office. He would only treat her at a hospital and she would have to pay the additional cost.

Abbott sued, claiming that HIV infection qualified her for protection under the law. A federal judge agreed, as did the 1st U.S. Circuit Court of Appeals. In this second opinion, the appeals court determined that the ADA protected people with the HIV virus. Additionally, it concluded that Bragdon had failed to offer sufficient evidence that it would have been unsafe to fill the tooth in his office.

The Supreme Court said that in deciding whether a health care professional's actions are reasonable, the views of public health authorities such as the Centers for Disease Control and Prevention and the National Institutes of Health "are of special weight and authority" but are not conclusive. Public health authorities say there is no documented case of a dentist contracting AIDS from a patient.

"A health care professional who disagrees with the prevailing medical consensus may refute it by citing a credible scientific basis for deviating from the accepted norm," Kennedy said.

(Sources: James Vicini, Washington, Reuters and Laurie Asseo, Washington, Associated Press).

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SLATER PROPOSES ACCESSIBILITY RULE FOR OVER-THE-ROAD BUSES

Acting to fulfill a key element of the 1990 Americans with Disabilities Act, U.S. Transportation Secretary Rodney Slater has proposed federal rules requiring over-the-road buses to be fully accessible to passengers with disabilities.

"The Americans with Disabilities Act envisioned transportation which is accessible for all citizens," said Secretary Slater. "Under this proposal, the words 'now boarding' will truly mean, Now boarding everyone."

Over-the-road buses are an important link to the national transportation system. This is especially true for those of low income or living in rural areas. These buses include inter-city local, regional and national lines, such as Greyhound, charter and tour operators but not municipal transit lines.

The department proposes that wheelchair lifts and securement locations be installed on a common-sense phased-in schedule. All new buses obtained for fixed-route services - including regularly scheduled intercity, regional and local service - would have to be accessible beginning in 2000. Fixed-route carriers with $5 million or more in annual revenue would have to make 50% of their buses accessible by 2006 and all accessible by 2012. Until all buses are accessible, carriers would have to provide interim service that would make accessible buses available on 48 hours advance notice.

Charter and tour companies also are covered by the proposed rule. By 2002, accessible buses would have to make up at least 10 percent of their fleets. By the same deadline, all charter and tour operators would have to make accessible bus service available on 48 hours advance notice.

Taking into account revenues from new travel by persons with disabilities, DOT estimates that the net cost of implementing the proposed rule would be $19-25 million per year for the entire industry. For inter-city buses, cost per passenger trip amounts to about 38 cents. For comparison purposes, the average per passenger ticket price is $33.

While less expensive alternatives exist, DOT is concerned that they could have disadvantages for passengers with disabilities. Relying on station-based lifts, for example, would not give passengers the opportunity to ride in their own wheelchairs. Providing on-call fixed-route service with an advance notice requirement does not provide the same opportunities to people with disabilities that other passengers have.

DOT has already accepted public comment on the proposed rule. A completed final rule is expected this fall.

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NATIONWIDE SETTLEMENT REACHED WITH AMTRAK IN ADA LAWSUIT

WASHINGTON, D.C. - Amtrak will introduce new discounts, reservations policies and publications making it easier and more economical for persons with mobility impairments to explore America by rail.

America's national passenger railroad has announced that, in addition to its 15% rail discount for persons with disabilities, by June 1998 it will extend that discount to companions of persons with mobility impairments, lower the price of accessible bedrooms and, for the next three years, offer a 30% discount on accessible bedrooms to individuals with mobility impairments.

Reservation policies are being refined to make it easier for customers to get information about access aboard Amtrak and to ensure that wheelchair-accessible sleeper rooms are available to passengers who need them.

The new pricing and reservations policies grew out of an amicable settlement of a class action lawsuit filed by the Disability Rights Education and Defense Fund, Inc. (DREDF) and the San Francisco law firm of Orrick, Herrington and Sutcliffe, LLP.

"We are pleased that Amtrak saw this case as an opportunity to improve their services," said DREDF attorney Linda Kilb. "The new reservation policies and low fares demonstrate Amtrak's commitment to welcome passengers with disabilities."

Information is available in an Amtrak Travel Planner, which can be requested by calling 1-800-USA-RAIL, 1-800-523-6590 (TDD/TTY), from travel agents, or online at www.amtrak.com.

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ACCESS BOARD NEWS

ACCESS BOARD PROPOSES DETECTABLE WARNING SUSPENSION, GUIDELINES FOR OVER-THE-ROAD-BUSES AND PLAY AREAS

The Access Board has published a notice to extend the current suspension of detectable warning requirements for an additional two years until July 26, 2000. This notice was published jointly with the Department of Justice and the Department of Transportation. The previous suspension, which applies to requirements in ADAAG 4.29 for detectable warnings at curb ramps, hazardous vehicular areas, and reflecting pools, expired on July 26, 1998. Extending this suspension will allow the Access Board more time to revisit the issue of detectable warnings in the upcoming revision of ADAAG.

On March 25, 1998, the Access Board published proposed additions to its ADA accessibility guidelines for over-the-road buses (OTRB). The requirements were proposed jointly with the Department of Transportation (DOT), which is responsible for standards based on the guidelines. The proposed guidelines add technical specifications for lifts, ramps, wheelchair securement devices, and accessible restrooms and revise specifications for doors, steps, and lighting. Current guidelines address non-structural design features such as floor surfaces, lighting, and handrails. The new specifications describe design features that an OTRB must have to be readily accessible to and usable by persons who use wheelchairs or other mobility aids. The Department of Transportation has published a separate notice of proposed rulemaking which addresses when OTRB operators are required to comply with the specifications.

On April 30, 1998, the Access Board published a proposed amendment to the Americans with Disabilities Act Accessibility Guidelines (ADAAG) by adding a special application section for play areas. The section was developed by a regulatory negotiation committee composed of persons who represent interests affected by accessibility guidelines for play areas. The guidelines would ensure that newly constructed and altered play areas are readily accessible to and usable by children with disabilities.

(Source, Access Currents, Volume 4, No. 2, March/April 1998)

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PASSENGER VESSEL COMMITTEE TO BE FORMED

On March 30, 1998, the Access Board announced their intent to establish a Passenger Vessels Access Advisory Committee. The Access Board initially issued the Americans with Disabilities Act Accessibility Guidelines for Transportation Vehicles in 1991. These guidelines primarily addressed bus and rail transportation systems.

When the accessibility guidelines and standards were proposed in 1991, the Access Board and Department of Transportation recognized that passenger vessels presented different design issues than buses and trains and requested information on how to resolve these issues. Finally, it was determined that further study was necessary to develop accessibility guidelines and standards for passenger vessels.

The Access Board and the Department of Transportation held an informational meeting in April 1996 with organizations representing people with disabilities and the passenger vessels industry to discuss issues related to developing accessibility standards for passenger vessels. As a result, the Access Board decided to create a Passenger Vessels Access Advisory Committee. Recommendations will be made on issues such as:

• types of passenger vessels to be addressed by accessibility guidelines;
• barriers to the use of such vessels by persons with disabilities;
• solutions to barriers, if known, categorized by disability; and
• contents of the accessibility guidelines.

The committee is expected to present a report within 18 months of its first meeting.

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DOJ UPDATE

JUSTICE DEPARTMENT REACHES SETTLEMENT WITH ARCHITECT OF SPORTS ARENAS

WASHINGTON, D.C. - The nation's largest architectural firm has agreed to design all new stadiums and arenas so that spectators who use wheelchairs will be able to fully view stadium events, under an agreement with the Justice Department.

Approved by the U.S. District Court in Minneapolis, the agreement requires Ellerbe Becket to ensure that all new stadiums and arenas are designed in compliance with the new construction guidelines of the ADA.

Stadiums and arenas constructed after January 26, 1993 are required to provide seating locations for wheelchair users that allow for lines of sight to the floor or field that are comparable to the lines of sight provided to other spectators. When fans stand up during the game, wheelchair users often are blocked from seeing the event.

Under the settlement, Ellerbe has agreed to provide comparable lines of sight for wheelchair users. Ellerbe will take into account the likelihood that other spectators will stand up for some or all of many events including, for instance, basketball games and rock concerts and to calculate lines of sight for wheelchair users so that they are still able to see the floor or stage when other spectators stand.

"Now people with disabilities will be able to see what they're paying for," added Bill Lann Lee, Acting Assistant Attorney General for Civil Rights. The agreement resolves a Justice Department lawsuit filed in 1996, charging that Ellerbe had designed several well-known sports stadiums and arenas improperly, including Boston's Fleet Center.

NCAA TO ALTER POLICY FOR STUDENTS WITH LEARNING DISABILITIES

WASHINGTON, DC The National Collegiate Athletic Association (NCAA) will revise policies that have prevented students with dyslexia and other learning disabilities from playing college sports and getting a scholarship, under a landmark agreement reached with the Justice Department.

The agreement stems from a series of complaints lodged with the Justice Department by student athletes over the past 2 1/2 years. The complaints alleged that the NCAA's initial eligibility requirements violate ADA by discriminating against student athletes with learning disabilities.

"An intelligent student who happens to have dyslexia can succeed academically in college and should not be excluded from playing college sports," said Acting Assistant Attorney General for Civil Rights Bill Lann Lee.

After receiving a complaint in 1995, the Justice Department launched a 30-month investigation into the way the NCAA grants eligibility.

The NCAA requires a showing that a student can succeed academically in college while playing sports. It determines whether a student has met this standard based on eligibility requirements involving courses taken, grade point average, and standardized test scores. Students who do not meet NCAA requirements cannot receive athletics-related financial aid or participate in sports.

At the completion of its investigation, the Justice Department issued a letter of findings calling the NCAA's eligibility requirements too "rigid." It found that the NCAA often refused to give students with learning disabilities credit for classes in which the materials or methods of instruction were modified to accommodate the students' disabilities. The NCAA also allegedly rejected classes if they were taught within a school's "special education" department or if the title of the class suggested the classes were "remedial." Although the NCAA had a waiver policy which granted certain students exceptions to academic requirements, the Justice Department found that the waiver process placed students with learning disabilities at a significant disadvantage relative to their peers.

Under the settlement, the NCAA will:

• Certify classes designed for students with learning disabilities;
• Enable students with learning disabilities who do not meet the initial eligibility rules when they graduate high school to earn athletic eligibility if they complete a substantial percentage of their degree work and maintain good grades;
• Direct NCAA committees that evaluate applications filed by students who do not meet the requirements but are seeking a waiver to review the student's high school preparation and performance; include experts on learning disabilities on committees that evaluate a student's waiver application;
• Designate one or more employees as "ADA Compliance Coordinator(s)," to serve as a resource to NCAA staff;
• Train its staff on the new policies and publicize the agreement terms to high schools, students, parents and member colleges and universities; and,
• Pay a total of $35,000 in damages to four student-athletes.

"We are pleased the NCAA has found an innovative solution that ensures students are ready for college and yet does not discriminate against students with learning disabilities," added Mr. Lee.

This is the Justice Department's first court agreement filed under the ADA regarding people with learning disabilities.

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EMPLOYMENT UPDATE

ABA STUDY SHOWS EMPLOYERS WIN MOST DISABILITY DISCRIMINATION SUITS

WASHINGTON, D.C. People with a mental or physical disability who claim discrimination under the Americans with Disabilities Act have a difficult time in court. That's the result of an American Bar Association (ABA) study of more than 1,200 cases filed since 1992 under Title I of the ADA; employers won in 92% of the cases that have been decided.

The study, conducted by the ABA's Commission on Mental and Physical Disability Law and published in the May/June issue of Mental and Physical Disability Law Reporter, belies the myth that the statutory language and regulations in Title I create undue burdens for employers. It concludes that plaintiffs are often thwarted by administrative and procedural technicalities that result in dismissal, or in the case being tried on grounds other than discrimination. ADA's definition of disability is much more restrictive than is commonly thought, and claims are often stopped at this first hurdle, without a hearing on the discrimination charge.

In addition to examining court cases, the Reporter study looked at administrative resolutions at Equal Employment Opportunity Commission regarding Title I ADA cases. In those cases, employers prevailed 86% of the time.

For a review copy of the Reporter, contact Anne Nicholas at (202) 662-1092.

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REGIONAL NEWS

1998 BUSINESS SOLUTIONS AWARDEES:

On July 28th, the New England ADA & Accessible IT Center celebrated ADA's 8th anniversary with an event at the Federal Reserve Bank in Boston. Eight organizations were honored for their commitment to the spirit of the law and equal access. Honorees included:

MAINE: Merrill Auditorium at Portland City Hall. A planned major renovation to the auditorium resulted in creating a model of accessibility on all floors for a public performance space. Equal attention was paid to access for audience members, staff and performers.

VERMONT: Better Bennington Corporation for First Night '98. Bennington held its first ever First Night celebration for the 1998 new year. With a commitment to making people with disabilities welcome, local businesses embarked on an extensive collaboration with the Vermont Center for Independent Living (VCIL) which provided a user expert perspective. The results were inclusive and modest in cost.

NEW HAMPSHIRE: New Hampshire Historical Society. The Society's Tuck Library (a granite Beaux Arts building designed by Guy Lowell in 1911), previously inaccessible on all three floors, undertook a substantial renovation to the research and public event facility resulting in accessibility consonant with preserving the historic character of the building.

CONNECTICUT: Nordstrom's of Farmington. Nordstrom's not only abides by the letter of the ADA, but has incorporated countless details reflective to their attention to the comfort and satisfaction of all customers (e.g., universally designed bathrooms, pull out shelves for seated customers to use when completing a transaction). Respect for all customers' satisfaction is a hallmark of service at Nordstrom's.

MASSACHUSETTS: Paul Worth, Newburyport. Mr. Worth was nominated for his determination to invest the personal resources necessary to make a 100-year old store, housing a natural foods market on High Street in Newburyport, accessible despite a determination that the effort posed undue financial burden and was not required.

City of Medford, Commission for Persons with Disabilities. The Commission developed a citywide program called the "Disability Friendly Business Program" designed to revitalize efforts by businesses to appreciate their responsibilities under ADA but also the modest cost of access modifications and the value of broadening their customer base.

East Coast Grille, Cambridge. The restaurant provided integrated seating at its bar. By lowering a section of the bar near the front of the restaurant, people in wheelchairs, people of short stature and seated companions can enjoy the area.

RHODE ISLAND: E.F.D, Incorporated. East Providence based company's management team and employees worked jointly to devise multiple reasonable accommodations for the changing needs of an employee with ALS (e.g., automatic door, automatic lights, delivering lunch to the employee). Their efforts have also benefited other company staff who have disabilities.

We wish to thank Bell Atlantic for their generous support of this event. Congratulations to all of the honorees in this year's Business Solutions Competition.

U.S. ATTORNEY AND MAINE MEDICAL CENTER REACH AGREEMENT

Maine Medical Center, the largest hospital in Maine, settled a civil rights action filed by U.S. Attorney Jay P. McCloskey and voluntarily entered a five-year agreement with the Justice Department and a private party. The hospital will be required to provide qualified sign language interpreters, assistive listening and telecommunication devices, captioned televisions and other similar aids and services to persons who are deaf or hard of hearing. The Medical Center has further committed to complying with the ADA by agreeing to publish and distribute a new written hospital policy directing its employees to offer an interpreter whenever they have "any reason to believe a patient is deaf or hard of hearing."

CONNECTICUT HOSPITALS SETTLE SUIT

WASHINGTON, D.C. Thirty-two Connecticut hospitals will now provide sign language interpreters for patients who are deaf or hard of hearing, in an innovative agreement reached with the Justice Department and the Connecticut Office of Protection and Advocacy for Persons with Disabilities (P&A). The agreement resolves a class action lawsuit alleging that hospitals in Connecticut were violating the ADA by not providing sign language interpreters. "People with disabilities have an equal right to health care, something that is impossible without effective communication," said Bill Lann Lee, Acting Assistant Attorney General for Civil Rights.

Under the proposal, the hospitals will:

• Set up a statewide, on call system to provide qualified sign language and oral interpreters, 24 hours a day, 7 days a week;
• Provide telecommunication devices (TTD's) enabling persons who are deaf or hard of hearing to use public telephones in the hospitals and, when requested, in patient rooms;
• Train employees and volunteers about issues relating to communication with persons who are deaf or hard of hearing;
• Post signs stating that the hospital will provide sign language interpreters and other auxiliary aids and services, free of charge, to persons who are deaf or hard of hearing;
• Offer training to all affiliated physicians; and,

Fourteen of the hospitals have agreed to pay $333,000 in compensation to persons who were affected by the hospitals' failure to provide effective communication in the past, and $20,000 in attorney fees to P&A.

"This statewide system to provide sign language and oral interpreters, which is the first of its kind in the country, will enable doctors, nurses, and other health care personnel to communicate effectively with deaf patients, deaf family members or companions of hearing patients," said Stephen C. Robinson, U.S. Attorney in Connecticut. "This effort is crucial to ensuring that persons who are deaf or hard of hearing are diagnosed accurately and receive appropriate medical care."

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PUBLICATIONS

Department of Transportation's Regulations
Final Rule published by the DOT prohibiting discrimination against individuals with disabilities by public and private entities. 194 pgs. $10.

ATBCB Technical Assistance Manuals
A series of manuals which discuss ADA requirements for vehicles such as over the road buses, high speed rail cars, and vans. 9 manuals: Automated Gateways - $1.50; High Speed Rail Cars - $2; Over-the-Road Buses - $2.25; Trams - $2.25; Buses, Vans, and Systems - $3.50; Rapid Rail - $1.50; Intercity Rail - $3; Light Rail - $3; Commuter Rail - $2.

These publications are available from our Center by calling 800-949-4232 V/TTY.

Project ACTION Publications:

Consumer Training
Educating consumers on their rights and responsibilities according to the transportation provisions of the Americans with Disabilities Act (ADA) as well as how fixed route services/paratransit services operate.

Identification and Transportation Needs Assessments
Identifying the transportation needs of people with disabilities through the community.

Transit Personnel Training
Providing transit personnel with information on sensitivity awareness as it relates to the transportation needs of people with disabilities.

Outreach and Marketing
Developing and promoting effective outreach and market tools that can be used to make the public aware of transit services available in the community.

Technology
Research and development of models to improve or enhance access for people with disabilities to public transportation.

Paratransit Eligibility
Researching and demonstrating the most practical and efficient ways of certifying those individuals who require the use of paratransit services, and providing options for those individuals who don't qualify.

If you're interested in ordering any of these publications or want more information on Project ACTION, contact: (202) 347-3066 or 1-800-659-6428 (V), (202) 347-7385 (TTY).

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FREQUENTLY ASKED QUESTIONS

Q: Guidelines require sufficient maneuvering room in a vehicle to reach the securement area from the lift. Does this mean a wheelchair must be able to turn around?

A: No. Because a vehicle is constrained in size by many factors, they cannot meet design considerations normally imposed on buildings. Depending on the location and orientation of the wheelchair area, the maneuvering space available in a vehicle may force a wheelchair user to back into a securement location.

Q: Is a three wheel scooter required to be accommodated on a new bus?

A: The vehicle specifications define a wheelchair as any three or four-wheeled mobility device designed for, and used by, a person with a disability. A common wheelchair is any such device which is not more than 30 inches wide and 48 inches long, measured 2 inches above the floor, and which does not weigh more than 600 pounds when occupied. Any wheelchair or mobility aid which fits these parameters, including a scooter, must be accommodated on a lift meeting the ADA standards. However, many lifts in service were purchased before the standards took effect and are smaller than the current standard. There is no requirement to retrofit these older vehicles.

Q: Must new subway cars have specific spaces and securement devices for wheelchairs?

A: No, the spaces for two wheelchairs or mobility aids can be provided in the normal space allotted for standing passengers, as long as there is an accessible path to them from an accessible door. No securement devices are required on rail vehicles.

Q: Must all the characters on a new bus stop sign be 3 inches high?

A: The character height requirement applies only to the route designation, usually a number or number/letter combination. Other information, such as "Express", "via Downtown" or "Sat & Sun Only" may be any size.

Q: Must an accessible bus display the International Symbol of Accessibility?

A: No, buses are not required to display the Symbol.

Q: Must people using crutches be allowed to use a bus lift?

A: Yes. The guidelines require lifts meeting the ADA to be designed to accommodate standees and the DOT regulation requires bus drivers to allow standees to use all but one particular type of old lift. (Source, ATBCB, Accessibility Guidelines for Transportation Vehicles FAQ, www.access-board.gov).

Q: Who is eligible for ADA Complementary Paratransit services?

A: The US Department of Transportation (DOT) regulations governing intracity public transportation services establishes that transit authorities are responsible for making the determination of who is and is not in need of paratransit services provided by their system. This vesting of responsibility was made due to the fact that the transit agency itself has most of the control over whether or not their system is accessible to persons with disabilities. Use of fixed route portions of the system by persons with disabilities is dependent upon three factors:

• Whether or not the vehicle is physically accessible, i.e. has a operable wheelchair lift and securement system.
• Whether or not the environment between the passengers' trip endpoint and the two bus stops and all transfer points between buses are barrier-free.
• Whether or not the individual passenger has the functional capabilities to travel independently and use the fixed route portion of the system.

With the passage of the ADA, transit systems are required to create fully accessible fixed route systems to integrate persons with disabilities into their ridership, and to implement Paratransit service for those persons who still cannot access the system.

Q: What is a "pickup window" and how does it work?

A: ADA Complementary Paratransit service, being a shared ride alternative to fixed route service, has inherent to it uncertainties about where it will be and when it can arrive at a specific address. These operational factors make it necessary for paratransit operators to estimate actual arrival times for scheduled pickups. Passengers may be required to be ready earlier than the scheduled pickup time or to wait for a period after that time before saying the vehicle is late arriving.

Some factors which make the actual arrival time uncertain are:

• Having to plan the route one or more days in advance.
• Drivers reporting off sick.
• Vehicles breaking down.
• Passenger pickups requiring longer than anticipated time at dwellings.
• Scheduler trying to fit more passengers on the tour than the driver is able to do under the prevailing conditions.
• Slow traffic conditions, detours.

The predominant method of setting a pickup window is to establish that the vehicle is considered "on-time" if it arrives 15 or 20 minutes before the scheduled pickup time or arrives 15 or 20 after. (Source, Project ACTION, FAQs, www.projectaction.org).

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FROM THE DIRECTOR

Greetings!
My name is Valerie Fletcher. In February of 1998, I became Executive Director of Adaptive Environments and Project Director of the New England ADA & Accessible IT Center. Elaine Ostroff will continue to work with Adaptive Environments regionally, nationally and internationally in her role as consulting Founding Director.

I bring to Adaptive Environments almost three decades of experience in the non-profit, government, and business sectors. The dominant characteristic of my diverse experiences has been a commitment to collaborative social action. Building a shared vision and working together to make it real is the most satisfying work I know.

We celebrate the eighth anniversary of the ADA this summer. While acknowledging progress, we must renew our energy and tackle the work that needs our attention. There are large numbers of people who still know nothing of the ADA - rural dwellers, immigrants, people with hidden disabilities, parents of children with disabilities, the rapidly growing proportion of elders. Employment rates for people with disabilities remain deplorable. There are many businesses who aren't aware of the simple ways that they can improve their access to customers with disabilities. Communication and dissemination of information is always hard after the first wave of excitement. It's our job to persist in outreach to the folks who must get news and technical assistance about the ADA and to be as creative as we can in keeping the knowledgeable people informed, current and enthusiastic.

It is my privilege to work with the committed Technical Assistance Center staff: Kathy Gips, Director of Training and Technical Assistance, Andy Washburn and Kathleen Hickey, ADA Information Specialists, and Miria Jo, Project Assistant. The caliber of the regional network, including state affiliates, Independent Living Centers, and other coalition members, ensures that our collaborative mission will be successful.

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GREAT WEB SITES

Project ACTION
http://www.projectaction.org/
The foundational work of Project ACTION (Accessible Community Transportation in Our Nation) is in promoting cooperation between the disability community and transportation industry. This work enables improved access to transportation for people with disabilities and the provision of accurate and practical information to help transportation operators implement the ADA. Project ACTION provides training, resources and technical assistance to disability organizations, consumers with disabilities and local transportation operators.

Access-Able Travel Source
http://www.access-able.com/
Privately owned site with a search engine for travel agents, a global database on transportation services, Relay and voice phone numbers for hotels, car rental, and airlines. Many services are geared for people with disabilities.

Massachusetts Bay Transportation Authority (MBTA)
http://www.mbta.com/access/
MBTA's Access Services Menu provides information about accessible public transportation services for people with disabilities in the Greater Boston area including: Reduced Fares, Wheelchair Access, Elevator Update, Pay Phones, Lift Buses, and The Ride.

UNUM's Services for Independent Living
http://www.unum.com/sil
This site provides information that is useful to persons with disabilities, their families, friends, and employers. The database includes information about and links to articles, support centers, peer groups, assistance programs, other organizations, Web sites with valuable information, and other searchable databases with pertinent information.

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BUILDING YOUR ROLODEX

NEW ENGLAND STATES DEPARTMENTS OF TRANSPORTATION

Connecticut:
Connecticut Department of Transportation
2800 Berlin Turnpike Newington, CT 06131-7546
(860) 594-2000 V (860) 594-3090 TDD

Maine:
Maine Department of Transportation
16 State House Station Augusta, ME 04333-0016
(207) 287-2551 V (207) 287-3392 TDD

Massachusetts:
Executive Office of Transportation and Construction
10 Park Plaza, Suite 3170 Boston, MA 02116
(617) 973-7000 V (617) 973-7806 TDD

New Hampshire:
Department of Transportation
John O. Morton Building
1 Hazen Drive, PO Box 485 Concord, NH 03302-0485
(603) 271-3734 V NH Relay Service (800) 735-2964

Rhode Island:
RI Department of Transportation
2 Capitol Hill Providence, RI 02903
(401) 222-2481 V (401) 222-4971 TDD

Vermont:
State of Vermont Agency of Transportation
133 State Street Montpelier, VT
05633 (802) 828-2657,
Vermont Relay Service (800) 253-0191

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EVENTS/ANNOUNCEMENTS

Ron Mace 1943-1998
We mourn the loss of our esteemed colleague and longtime collaborator, Ron Mace, FAIA. He died on June 29 at his home in Raleigh, North Carolina. Mr. Mace was the country's leading expert on accessible design, and a major contributor to the design guidelines for the Fair Housing Amendments Act and the Americans with Disabilities Act. He was the driving force behind universal design in the United States. His pioneering work to illustrate the North Carolina State Access Standards in 1973 established the precedent for communicative technical information on accessible design, showing how people used an accessible environment. In 1992, he received the Distinguished Service Award from President Bush for his work in promoting civil rights for people with disabilities. He was the Program Director of the Center for Universal Design at North Carolina State University.

For a more comprehensive listing of ADA related events, check the calendar at our web site, www.adaptiveenvironments.org.

Northern New England Technology Expo
September 22, 1998, Manchester, NH
Hosted jointly by the NH, VT and ME "Tech Act" Projects
Contact: David Robar at 603-228-9680 V/TTY

ADA Leadership Conference
October 21-23, 1998
Sponsored by: New England ADA & Accessible IT Center, Region I Rehabilitation Continuing Education Programs, New England Coalition of Independent Living Centers, Independent Living Research Utilization
Royal Plaza Hotel, Marlborough, MA
Contact: 800-949-4232 V /TTY

Build Boston
November 17-19, 1998
Many sessions on access, universal design
World Trade Center, Boston, MA
Contact: 800-447-7112

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