Mayo General Hospital issues appeal to help control virus
TUESDAY, 27 SEPTEMBER 2011 13:18
MANAGEMENT and staff at Mayo General Hospital are seeking the co-operation of the public in preventing the spread of vomiting and diarrhoea illness at the centre.
Visitors are requested to stay away due to the presence of suspected Norovirus (winter vomiting bug) in three wards.
A statement issued to The Connaught Telegraph said: “Presently there is an increased incidence of vomiting and diarrhoea illness in the community and hospital settings.
“The hospital is currently receiving more patients with these symptoms and this has led to increased pressures on beds.
“We encourage the public to contact their GP or GP out of- hours service in the first instance and not to attend the emergency department unless absolutely necessary.
“GPs are requested to only refer patients who are in need of immediate assessment or admission, to the acute assessment unit or the emergency department.
“As a precautionary measure, the hospital has put control measures in place to reduce the risk of Norovirus spreading to other patients and to other areas and departments within the hospital.”
Members of the public are asked to observe the following regulations until the virus is eradicated.
1. Visitors are asked not to visit the hospital unless it is absolutely essential and, where it is essential, visitor numbers should be kept to a minimum and be confined to visiting times only (2 to 4 p.m. or 6.30 to 8.30 p.m.).
2. Visitors who themselves may be unwell or have vomiting or diarrhoea should not visit the hospital.
3. Very young children or those with some other serious illness should avoid visiting the hospital, as they may be particularly susceptible to the virus.
4. Visitors are asked to wash their hands thoroughly before entering or leaving the inpatient area or after a visit to the toilet.
Tuesday, September 27, 2011
Monday, September 26, 2011
Guidelines for Access Auditing of the Built Environment Acknowledgements
Guidelines for Access Auditing of the Built Environment
Acknowledgements
Foreword
Glossary of Terms
1 Introduction
2 What is an access audit?
3 Types of Access Audits
4 What to do before the audit
5 Steps to carry out an access audit
6 Structure of an access audit report
7 Conclusion
8 Further Information
References
Appendix 1 Questions prior to audit
Back to overview
5 Steps to carry out an access audit
5.1 The audit process
To get a true reflection of how the building works the audit of the building should take place when the building is fully operational. The auditor must visit the various areas on a number of occasions at different times of the day. An audit may be a journey through the building in a logical sequence. The auditor can observe how the building works in a number of ways including:
observing how customers/staff use the building;
analysis of the physical design of the premises;
consultation with users;
monitoring day to day running (toilet cubicles free from obstruction, does maintenance impede on accessibility, etc.).
The next section will investigate what an auditor should be looking for when carrying out an audit of the physical features of the building. Please note that each bullet point below (section 5.1 to 5.1.5) contains examples of the features that need to be assessed. However, it is not an exhaustive list (e.g Car parking - location, number, dimensions, signage, dished kerbs etc.). There are further features such as lighting, surface finish, distance from entrance that also need to be considered in the design of an accessible car park. As access audits should not look at the building in isolation, section 5.2 will discuss the important features to ensure an accessible service.
5.1.1 External environment - Approach
Getting into the building is one of the biggest obstacles faced by many users. To allow all users easy access the audit must look at:
public transport - nearest bus stops, taxi ranks, urban transport, etc;
approach routes - getting from gate to entrance: signage, lighting, routes free from hazard, the use of tactile paving, location of street furniture, etc;
car parking - location, number, dimensions' signage, dished kerbs, etc;
change of level - Ramps and Steps: gradient, step profile, continuous handrails, colour contrasting nosings, surface, lighting, etc;
entrance - easily distinguishable from rest of building, automatic doors, vision panels, door intercoms, etc.
5.1.2 Vertical and Horizontal Circulation
Circulation throughout a building must be as simple as possible to allow all users navigate around a building safely and with ease. The following should be considered:
Step and ramp design, maximum rise of flights, tactile warnings, clear headroom, open riser avoided, turning spaces, passing bays, etc;
Lifts door opening times, visual and audible announcements, colour contrasting buttons, signage, etc;
Corridors and open plan areas - width, handrails, protruding objects, lighting, use of colour, etc;
Door design - Doorway planning, dimensions and features, powered doors, etc.
5.1.3 Facilities
Once a user enters a building and is able to circulate freely and with ease of use, the next step is to be able to independently access the facilities provided within. Everyone who uses the building must be allowed to use the facilities provided. The following areas should be investigated:
Reception areas - location, queuing systems, counter loop, dual height counters, background noise, etc;
Signage - consistently located, symbols, embossed, colour contrast, typeface, etc;
Accessible WCs - layout, colour contrast fixtures and fittings, alarms, ease of use, etc;
Telephones - location, induction couplers, telephone device for the deaf, etc.
5.1.4 Interior Design
It is vital that the interior design of public service areas caters for the needs of as many customers as possible as without proper detailing/interior design many buildings would simply fail to perform adequately. The interior design of a building can have a positive effect on navigation, ease of use, acoustics and safety, to name but a few. A number of considerations include:
lighting - shadows, glare, variations in light intensity, reflections, etc;
surface finishes - polished surfaces, matt finishes, busy patterns, etc;
colour and luminance contrast - location, navigation, eliminating hazards, etc;
fixtures - easy to operate, size, layout, height, location, etc.
5.1.5 Evacuation/Emergencies
Access and correct design are very important to a building as is access and safety in an emergency situation. No access audit would be complete without considering the needs of all users in an emergency situation and every access audit should investigate:
emergency equipment - location, visual and auditory alarms, signage, evacuation chairs, etc;
safety zones - clearly highlighted with signage, communication systems in place, etc.
For details on management procedures and policies regarding emergencies see section 0.
5.2 How to examine for an accessible service?
While the physical design of the building plays a large part in ensuring an organisation is accessible there are a number of other keys issues to be considered so that services are accessible for all. Some examples are highlighted below.
5.2.1 Access Team
For change to be effective it needs to permeate all levels of the organisation. To improve accessibility, the first step should be to establish an internal working team of staff across different sections, who will be responsible for all accessibility matters. If an organisation has an access team in place, the auditor should work closely with this team. A number of interviews (formal or informal) could take place with this team to explore:
management issues of the built environment/access issues of the organisation;
the role of team;
the current accessibility issues;
the consultation process with local disability/access groups.
5.2.2 Management of the built environment
According to the NDA (2002) 'Good management can improve the accessibility of even a badly designed building'. Management must consider access and safety in the day to day running, maintenance work and retrofitting. An organisation can do this by a number of methods but one good way is to have polices and procedures in place (to simplify this process the NDA has developed an Access Handbook Template[4]). The auditor must investigate whether or not these policies/procedures are in place. This can be done by observation, interview or by examining documentation.
It is also important that the auditor observes whether management has considered access and safety in emergency situations and has implemented sufficient plans to cover all users of the building including people with disabilities. Evidence of this may be found in the organisation's safety statement, training records, Personal Emergency Egress Plans (PEEPs) or the organisation's access handbook. Consultation with staff is another method of examination. Finally if evacuation chairs are in place it is important to investigate if staff have been trained in their use.
5.2.4 Information and publicity
For an organisation to be accessible need it to show that the communication needs of people with disabilities have been planned for. Evidence of this may be in the form of documented policies and procedures (communication strategy[5]), information published in a variety of formats, or procedures in place for effective communication in consultation processes, seminars or meetings. While beyond the scope of a built environment audit, a public access terminal/website audit is important to identify if the communication needs of everyone have been met.
5.2.4 Policies, Practices and Procedures
Policies, practices and procedures play an important role in ensuring an organisation is accessible. Examples of how accessibility may be incorporated into an organisation's policies, practices and procedures include:
Equality policy: These policies generally include statements on the organisation's commitment to equality/diversity across the nine equality grounds, including disability. Agencies produce these policies arising from the Employment Equality Act 1998 and the Equal Status Act 2000. The policies should explicitly refer to the reasonable accommodations of employees and customers with disabilities;
Access statement: Some organisations find it helpful to outline their accessibility commitments in a stand-alone policy also. This policy will again be based around equality/disability legislation and cover all aspects of their service provision including training, customer services and information provision, and the built environment;
Complaints procedure: It is important that the organisation has an accessible, transparent complaints procedure in place to ensure complaints from all customers can be tracked and monitored. The process should be easy to use and complaints officers should be trained to deal with customers who may feel they have been discriminated against;
Customer Charter/Action Plan: This should detail the standards of service that a customer of an organisation can expect when accessing their services. The Charter should be based on the '12 Principles of Quality Customer Service for Customers and Clients of the Public Service' (http://www.bettergov.ie). It should include a focus on the accessibility of the service to people with disabilities.
All the above policies should be developed in consultation with employees and/or customers with disabilities.
5.2.5 How staff and management deliver the service
The staff and management who deliver the service are key to making the organisation accessible. For example, a staff member who understands users' needs and knows how to meet and greet someone with a disability will make a person with a disability feel more comfortable and at ease. It is important to assess whether staff have been trained in Disability/equality training and that staff have a positive attitude towards disability and accessibility.
A number of staff may be trained in accessibility training. This training would cover topics such as access issues; how to use induction loops, Telephone Device for the Deaf (TDD) etc.; sign language; hearing awareness; clear lip speaking; guiding people with vision impairments etc.
5.3 Feedback
The final step in the access audit process is to provide feedback to the client. A number of methods can be adopted and it is important that the feedback mechanism has been discussed between all parties at the briefing stage.
One method is to provide the client with a draft report of the findings and arrange a meeting to discuss further. Alternatively the client could receive a final report and an 'access audit companion' from the access auditor. The 'access audit companion' would act as a reference for the client on current best practice and standards. Another approach would be to provide a report and present the findings to all key stakeholders within an organisation. This allows for further discussion and feedback.
[4] For further details see section 8.6
[5] A communication strategy should outline how the organisation communicates with its customers. It should identify key customer groups and the preferred communication channel for each. In particular it should outline the organisation's policy in relation to the provision of information in alternate formats for people with disabilities
Acknowledgements
Foreword
Glossary of Terms
1 Introduction
2 What is an access audit?
3 Types of Access Audits
4 What to do before the audit
5 Steps to carry out an access audit
6 Structure of an access audit report
7 Conclusion
8 Further Information
References
Appendix 1 Questions prior to audit
Back to overview
5 Steps to carry out an access audit
5.1 The audit process
To get a true reflection of how the building works the audit of the building should take place when the building is fully operational. The auditor must visit the various areas on a number of occasions at different times of the day. An audit may be a journey through the building in a logical sequence. The auditor can observe how the building works in a number of ways including:
observing how customers/staff use the building;
analysis of the physical design of the premises;
consultation with users;
monitoring day to day running (toilet cubicles free from obstruction, does maintenance impede on accessibility, etc.).
The next section will investigate what an auditor should be looking for when carrying out an audit of the physical features of the building. Please note that each bullet point below (section 5.1 to 5.1.5) contains examples of the features that need to be assessed. However, it is not an exhaustive list (e.g Car parking - location, number, dimensions, signage, dished kerbs etc.). There are further features such as lighting, surface finish, distance from entrance that also need to be considered in the design of an accessible car park. As access audits should not look at the building in isolation, section 5.2 will discuss the important features to ensure an accessible service.
5.1.1 External environment - Approach
Getting into the building is one of the biggest obstacles faced by many users. To allow all users easy access the audit must look at:
public transport - nearest bus stops, taxi ranks, urban transport, etc;
approach routes - getting from gate to entrance: signage, lighting, routes free from hazard, the use of tactile paving, location of street furniture, etc;
car parking - location, number, dimensions' signage, dished kerbs, etc;
change of level - Ramps and Steps: gradient, step profile, continuous handrails, colour contrasting nosings, surface, lighting, etc;
entrance - easily distinguishable from rest of building, automatic doors, vision panels, door intercoms, etc.
5.1.2 Vertical and Horizontal Circulation
Circulation throughout a building must be as simple as possible to allow all users navigate around a building safely and with ease. The following should be considered:
Step and ramp design, maximum rise of flights, tactile warnings, clear headroom, open riser avoided, turning spaces, passing bays, etc;
Lifts door opening times, visual and audible announcements, colour contrasting buttons, signage, etc;
Corridors and open plan areas - width, handrails, protruding objects, lighting, use of colour, etc;
Door design - Doorway planning, dimensions and features, powered doors, etc.
5.1.3 Facilities
Once a user enters a building and is able to circulate freely and with ease of use, the next step is to be able to independently access the facilities provided within. Everyone who uses the building must be allowed to use the facilities provided. The following areas should be investigated:
Reception areas - location, queuing systems, counter loop, dual height counters, background noise, etc;
Signage - consistently located, symbols, embossed, colour contrast, typeface, etc;
Accessible WCs - layout, colour contrast fixtures and fittings, alarms, ease of use, etc;
Telephones - location, induction couplers, telephone device for the deaf, etc.
5.1.4 Interior Design
It is vital that the interior design of public service areas caters for the needs of as many customers as possible as without proper detailing/interior design many buildings would simply fail to perform adequately. The interior design of a building can have a positive effect on navigation, ease of use, acoustics and safety, to name but a few. A number of considerations include:
lighting - shadows, glare, variations in light intensity, reflections, etc;
surface finishes - polished surfaces, matt finishes, busy patterns, etc;
colour and luminance contrast - location, navigation, eliminating hazards, etc;
fixtures - easy to operate, size, layout, height, location, etc.
5.1.5 Evacuation/Emergencies
Access and correct design are very important to a building as is access and safety in an emergency situation. No access audit would be complete without considering the needs of all users in an emergency situation and every access audit should investigate:
emergency equipment - location, visual and auditory alarms, signage, evacuation chairs, etc;
safety zones - clearly highlighted with signage, communication systems in place, etc.
For details on management procedures and policies regarding emergencies see section 0.
5.2 How to examine for an accessible service?
While the physical design of the building plays a large part in ensuring an organisation is accessible there are a number of other keys issues to be considered so that services are accessible for all. Some examples are highlighted below.
5.2.1 Access Team
For change to be effective it needs to permeate all levels of the organisation. To improve accessibility, the first step should be to establish an internal working team of staff across different sections, who will be responsible for all accessibility matters. If an organisation has an access team in place, the auditor should work closely with this team. A number of interviews (formal or informal) could take place with this team to explore:
management issues of the built environment/access issues of the organisation;
the role of team;
the current accessibility issues;
the consultation process with local disability/access groups.
5.2.2 Management of the built environment
According to the NDA (2002) 'Good management can improve the accessibility of even a badly designed building'. Management must consider access and safety in the day to day running, maintenance work and retrofitting. An organisation can do this by a number of methods but one good way is to have polices and procedures in place (to simplify this process the NDA has developed an Access Handbook Template[4]). The auditor must investigate whether or not these policies/procedures are in place. This can be done by observation, interview or by examining documentation.
It is also important that the auditor observes whether management has considered access and safety in emergency situations and has implemented sufficient plans to cover all users of the building including people with disabilities. Evidence of this may be found in the organisation's safety statement, training records, Personal Emergency Egress Plans (PEEPs) or the organisation's access handbook. Consultation with staff is another method of examination. Finally if evacuation chairs are in place it is important to investigate if staff have been trained in their use.
5.2.4 Information and publicity
For an organisation to be accessible need it to show that the communication needs of people with disabilities have been planned for. Evidence of this may be in the form of documented policies and procedures (communication strategy[5]), information published in a variety of formats, or procedures in place for effective communication in consultation processes, seminars or meetings. While beyond the scope of a built environment audit, a public access terminal/website audit is important to identify if the communication needs of everyone have been met.
5.2.4 Policies, Practices and Procedures
Policies, practices and procedures play an important role in ensuring an organisation is accessible. Examples of how accessibility may be incorporated into an organisation's policies, practices and procedures include:
Equality policy: These policies generally include statements on the organisation's commitment to equality/diversity across the nine equality grounds, including disability. Agencies produce these policies arising from the Employment Equality Act 1998 and the Equal Status Act 2000. The policies should explicitly refer to the reasonable accommodations of employees and customers with disabilities;
Access statement: Some organisations find it helpful to outline their accessibility commitments in a stand-alone policy also. This policy will again be based around equality/disability legislation and cover all aspects of their service provision including training, customer services and information provision, and the built environment;
Complaints procedure: It is important that the organisation has an accessible, transparent complaints procedure in place to ensure complaints from all customers can be tracked and monitored. The process should be easy to use and complaints officers should be trained to deal with customers who may feel they have been discriminated against;
Customer Charter/Action Plan: This should detail the standards of service that a customer of an organisation can expect when accessing their services. The Charter should be based on the '12 Principles of Quality Customer Service for Customers and Clients of the Public Service' (http://www.bettergov.ie). It should include a focus on the accessibility of the service to people with disabilities.
All the above policies should be developed in consultation with employees and/or customers with disabilities.
5.2.5 How staff and management deliver the service
The staff and management who deliver the service are key to making the organisation accessible. For example, a staff member who understands users' needs and knows how to meet and greet someone with a disability will make a person with a disability feel more comfortable and at ease. It is important to assess whether staff have been trained in Disability/equality training and that staff have a positive attitude towards disability and accessibility.
A number of staff may be trained in accessibility training. This training would cover topics such as access issues; how to use induction loops, Telephone Device for the Deaf (TDD) etc.; sign language; hearing awareness; clear lip speaking; guiding people with vision impairments etc.
5.3 Feedback
The final step in the access audit process is to provide feedback to the client. A number of methods can be adopted and it is important that the feedback mechanism has been discussed between all parties at the briefing stage.
One method is to provide the client with a draft report of the findings and arrange a meeting to discuss further. Alternatively the client could receive a final report and an 'access audit companion' from the access auditor. The 'access audit companion' would act as a reference for the client on current best practice and standards. Another approach would be to provide a report and present the findings to all key stakeholders within an organisation. This allows for further discussion and feedback.
[4] For further details see section 8.6
[5] A communication strategy should outline how the organisation communicates with its customers. It should identify key customer groups and the preferred communication channel for each. In particular it should outline the organisation's policy in relation to the provision of information in alternate formats for people with disabilities
Friday, September 23, 2011
Obama Demands High Bar For Students With Disabilities
Obama Demands High Bar For Students With Disabilities
By MICHELLE DIAMENT
September 23, 2011 Text Size A A
The Obama administration will offer waivers to exempt states from some federal education requirements, so long as they agree to hold students — including those with disabilities — to high standards.
Under a new plan announced Friday, President Barack Obama said that states can apply for waivers to get out of some of the most onerous requirements of No Child Left Behind. But, the waivers will be contingent on states implementing standards to ensure that all students, including those with special needs, are “college and career ready.”
The announcement comes amid frustration from the White House that Congress has not yet considered changes to No Child Left Behind. The law demanded higher standards for students, but critics argue that it encouraged states to lower the bar in an effort to meet requirements.
“The goals behind No Child Left Behind were admirable,” Obama said Friday. “But experience has taught us that, in its implementation, No Child Left Behind had some serious flaws that are hurting our children instead of helping them.”
By allowing states to obtain waivers, Obama said he wants to give states “more flexibility to meet high standards.”
Despite the criticism, however, administration officials have said that No Child Left Behind offered benefits to children with disabilities by holding such students to higher standards and that’s an effort they plan to continue.
“NCLB was right to shine a bright light on achievement gaps and set a clear expectation that all students must learn to the same standards,” Secretary of Education Arne Duncan told Congress in March. “This has led to great progress in schools focusing more on the needs of English learners and students with disabilities and other at-risk students.”
While many in the disability community are pleased by the enhanced focus on achievement for this group, others counter that holding students with disabilities to similar standards as their typically developing peers is unrealistic.
By MICHELLE DIAMENT
September 23, 2011 Text Size A A
The Obama administration will offer waivers to exempt states from some federal education requirements, so long as they agree to hold students — including those with disabilities — to high standards.
Under a new plan announced Friday, President Barack Obama said that states can apply for waivers to get out of some of the most onerous requirements of No Child Left Behind. But, the waivers will be contingent on states implementing standards to ensure that all students, including those with special needs, are “college and career ready.”
The announcement comes amid frustration from the White House that Congress has not yet considered changes to No Child Left Behind. The law demanded higher standards for students, but critics argue that it encouraged states to lower the bar in an effort to meet requirements.
“The goals behind No Child Left Behind were admirable,” Obama said Friday. “But experience has taught us that, in its implementation, No Child Left Behind had some serious flaws that are hurting our children instead of helping them.”
By allowing states to obtain waivers, Obama said he wants to give states “more flexibility to meet high standards.”
Despite the criticism, however, administration officials have said that No Child Left Behind offered benefits to children with disabilities by holding such students to higher standards and that’s an effort they plan to continue.
“NCLB was right to shine a bright light on achievement gaps and set a clear expectation that all students must learn to the same standards,” Secretary of Education Arne Duncan told Congress in March. “This has led to great progress in schools focusing more on the needs of English learners and students with disabilities and other at-risk students.”
While many in the disability community are pleased by the enhanced focus on achievement for this group, others counter that holding students with disabilities to similar standards as their typically developing peers is unrealistic.
Tuesday, September 20, 2011
China rescues 30 disabled workers enslaved at illegal brick kilns
China rescues 30 disabled workers enslaved at illegal brick kilns
Some had worked for more than seven years without pay, police say
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msnbc.com staff and news service reports
updated 9/7/2011 7:39:25 AM ET
Print Font:
BEIJING — Chinese police have rescued 30 mentally handicapped people who were forced to work as virtual slaves at brick kilns in a poor central province, and have detained eight people including a 14-year-old factory supervisor, state media said on Wednesday.
More from TODAY.com
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Henderson gets candid on life, love and 'Brady'
Some of those rescued from the kilns in Henan province were blind and mute, while others were unable to say where they had come from, compounding the police's difficulty at returning them home.
"Some of them can't even speak a whole sentence, and they don't act like normal people," Liu Weiming, deputy director of publicity in Zhumadian, told the China Daily newspaper. The workers were found in Zhumadian, the China Daily reported.
"Most are staying at a relief station because they can't remember where they are from," Liu said.
Police acted on a tip-off and raided the kilns to rescue the workers, who were from four Henan counties, reports said.
Father's desperate search
Police said some had been working without pay for more than seven years, the China Daily said.
The case recalled a scandal in 2007 that elicited public outrage when Chinese media found at least 1,000 people forced to work as slaves in brick kilns in Shanxi province, following a father's desperate search for his missing teenage son.
After that case, the government vowed to root out the practice, but occasional media reports since of new slave cases show it has continued, in part due to the strong demand for construction materials to fuel China's real estate boom.
There have been several other similar incidents since.
Some Chinese traffickers deliberately targeted mentally handicapped people from the poor countryside to lure them into employment contracts, according to Chinese media
Some had worked for more than seven years without pay, police say
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msnbc.com staff and news service reports
updated 9/7/2011 7:39:25 AM ET
Print Font:
BEIJING — Chinese police have rescued 30 mentally handicapped people who were forced to work as virtual slaves at brick kilns in a poor central province, and have detained eight people including a 14-year-old factory supervisor, state media said on Wednesday.
More from TODAY.com
The Kardashian wedding reception photos you didn't see
Gay soldier comes out of closet live on YouTube
Is Starbucks' new coffee-stained T-shirt worth $85.00?
When office lunch thieves get downright dirty
Henderson gets candid on life, love and 'Brady'
Some of those rescued from the kilns in Henan province were blind and mute, while others were unable to say where they had come from, compounding the police's difficulty at returning them home.
"Some of them can't even speak a whole sentence, and they don't act like normal people," Liu Weiming, deputy director of publicity in Zhumadian, told the China Daily newspaper. The workers were found in Zhumadian, the China Daily reported.
"Most are staying at a relief station because they can't remember where they are from," Liu said.
Police acted on a tip-off and raided the kilns to rescue the workers, who were from four Henan counties, reports said.
Father's desperate search
Police said some had been working without pay for more than seven years, the China Daily said.
The case recalled a scandal in 2007 that elicited public outrage when Chinese media found at least 1,000 people forced to work as slaves in brick kilns in Shanxi province, following a father's desperate search for his missing teenage son.
After that case, the government vowed to root out the practice, but occasional media reports since of new slave cases show it has continued, in part due to the strong demand for construction materials to fuel China's real estate boom.
There have been several other similar incidents since.
Some Chinese traffickers deliberately targeted mentally handicapped people from the poor countryside to lure them into employment contracts, according to Chinese media
Zagat-Rated Restaurants Target Of ADA Review
Zagat-Rated Restaurants Target Of ADA Review
By SHAUN HEASLEY
September 20, 2011 Text Size A A
In a bid to ensure that New York’s most popular restaurants are accessible to people with disabilities, federal prosecutors are turning to the Zagat guide.
Preet Bharara, the U.S. attorney for Manhattan, said Monday that his office will be conducting reviews of more than 50 restaurants named “most popular” in this year’s Zagat guide to ensure compliance with the Americans with Disabilities Act.
Owners and operators of selected establishments will be asked to complete surveys and may be subject to on-site inspections. They could face civil lawsuits if they are found to be in violation of the law and do not agree to make appropriate changes voluntarily, Bharara said.
“In New York City, arguably the restaurant capital of the world, no one should be unfairly deprived of the opportunity to enjoy the city’s world-class dining offerings, and we will take all reasonable legal steps to make sure they are not,” Bharara said in a statement announcing the restaurant initiative.
Officials said the review is not in response to any specific complaint, but rather is part of ongoing efforts to ensure ADA compliance.
Recently, a similar initiative focused on hotels resulted in voluntary improvements at 33 properties and court orders mandating that five more be made accessible, Bharara said.
By SHAUN HEASLEY
September 20, 2011 Text Size A A
In a bid to ensure that New York’s most popular restaurants are accessible to people with disabilities, federal prosecutors are turning to the Zagat guide.
Preet Bharara, the U.S. attorney for Manhattan, said Monday that his office will be conducting reviews of more than 50 restaurants named “most popular” in this year’s Zagat guide to ensure compliance with the Americans with Disabilities Act.
Owners and operators of selected establishments will be asked to complete surveys and may be subject to on-site inspections. They could face civil lawsuits if they are found to be in violation of the law and do not agree to make appropriate changes voluntarily, Bharara said.
“In New York City, arguably the restaurant capital of the world, no one should be unfairly deprived of the opportunity to enjoy the city’s world-class dining offerings, and we will take all reasonable legal steps to make sure they are not,” Bharara said in a statement announcing the restaurant initiative.
Officials said the review is not in response to any specific complaint, but rather is part of ongoing efforts to ensure ADA compliance.
Recently, a similar initiative focused on hotels resulted in voluntary improvements at 33 properties and court orders mandating that five more be made accessible, Bharara said.
Monday, September 19, 2011
McDonald’s Owner Sued For Alleged Disability Discrimination
McDonald’s Owner Sued For Alleged Disability Discrimination
By SHAUN HEASLEY
September 15, 2011 Text Size A A
The federal government is suing the owner of a McDonald’s restaurant alleging that an employee with cerebral palsy was demoted because of his disability.
Derrick Morgan worked at the Oakhurst, Calif. McDonald’s since 2006 rising from a crew member to become a floor supervisor in 2008.
But within months of the restaurant being sold to the Alia Corporation in 2009, Morgan was relegated to a janitorial position at a lower wage, according to the lawsuit filed this week by the U.S. Equal Employment Opportunity Commission.
What’s more, the suit indicates that Morgan’s hours were cut nearly in half and Morgan was forced to quit given the significant drop in income.
The EEOC alleges that the actions of the Alia Corporation were in violation of the Americans With Disabilities Act and is seeking back pay as well as punitive and compensatory damages for Morgan.
“Employers must let go of their stereotypes and fears about employing people with disabilities,” said Anna Park, regional attorney for the EEOC’s Los Angeles district office. “This is a case where the company illegally stripped a well-qualified worker of his ability to earn a living due to misperceptions about his disability.”
By SHAUN HEASLEY
September 15, 2011 Text Size A A
The federal government is suing the owner of a McDonald’s restaurant alleging that an employee with cerebral palsy was demoted because of his disability.
Derrick Morgan worked at the Oakhurst, Calif. McDonald’s since 2006 rising from a crew member to become a floor supervisor in 2008.
But within months of the restaurant being sold to the Alia Corporation in 2009, Morgan was relegated to a janitorial position at a lower wage, according to the lawsuit filed this week by the U.S. Equal Employment Opportunity Commission.
What’s more, the suit indicates that Morgan’s hours were cut nearly in half and Morgan was forced to quit given the significant drop in income.
The EEOC alleges that the actions of the Alia Corporation were in violation of the Americans With Disabilities Act and is seeking back pay as well as punitive and compensatory damages for Morgan.
“Employers must let go of their stereotypes and fears about employing people with disabilities,” said Anna Park, regional attorney for the EEOC’s Los Angeles district office. “This is a case where the company illegally stripped a well-qualified worker of his ability to earn a living due to misperceptions about his disability.”
Sunday, September 18, 2011
Welfare cuts leaving the disabled ‘prisoners’
Welfare cuts leaving the disabled ‘prisoners’
By Evelyn Ring
Friday, September 16, 2011
DISABLED people have become prisoners in their own homes because of cuts in welfare payments and support services, the Centre for Independent Living has warned.
It is one of 10 national disability groups urging the Government to recognise, in the December budget, the social and care needs of people with a disability.
Representing 800,000 people with disabilities, the organisation is fearful Ireland’s National Disability Strategy is about to collapse into empty promises.
It issued a joint statement yesterday calling on the Government to halt reductions in income supports and maintain funding for services.
Tom King, the director of the Centre for Independent Living, said homes had being turned into institutions because of cuts in personal assistance hours.
"They have turned personal assistant care into home care but they will not give you social care. You have no choice, no control," he said.
Des Kenny, the chairman of the Not for Profit Business Association, said the personal assistant scheme had given individuals the chance to move from bed to society.
"To take that away is a new form of imprisonment of people with a disability and, to me, that is the biggest scandal," he said.
"Once it just gets people out of their bed, dresses them and once they are not smelly the state doesn’t care. They can sit in their own homes all day."
Mr Kenny said a "recession plan" was needed so that disability services did not continue to be funded on an ad-hoc basis.
Inclusion Ireland chief executive Deirdre Carroll said they had been warned to expect a further cut of 5.5% in the disability budget under the HSE on top of a 1.8% cut last year.
She said the cut would have to come from front-line services because staff pay could not be touched because of the Croke Park Deal.
"There’s no Croke Park deal for people with disabilities," she said.
John Dolan, the chairman of the Disability Federation of Ireland, said he was concerned Ireland’s social infrastructure would be decimated when the country came out of the recession.
"It is our economic sovereignty that has gone west at the moment.
"We still have our social sovereignty and our social responsibility.
"Disability is not a sectorial issue; it is a social issue. 18.5% of the Irish population have one or more disabilities and the percentage is increasing as our population ages.
"There is no coherent plan as to how we are going to protect people with significant disabilities and conditions from the cradle to the grave
Read more: http://irishexaminer.com/ireland/welfare-cuts-leaving-the-disabled-prisoners-167660.html#ixzz1YKVPZPos
By Evelyn Ring
Friday, September 16, 2011
DISABLED people have become prisoners in their own homes because of cuts in welfare payments and support services, the Centre for Independent Living has warned.
It is one of 10 national disability groups urging the Government to recognise, in the December budget, the social and care needs of people with a disability.
Representing 800,000 people with disabilities, the organisation is fearful Ireland’s National Disability Strategy is about to collapse into empty promises.
It issued a joint statement yesterday calling on the Government to halt reductions in income supports and maintain funding for services.
Tom King, the director of the Centre for Independent Living, said homes had being turned into institutions because of cuts in personal assistance hours.
"They have turned personal assistant care into home care but they will not give you social care. You have no choice, no control," he said.
Des Kenny, the chairman of the Not for Profit Business Association, said the personal assistant scheme had given individuals the chance to move from bed to society.
"To take that away is a new form of imprisonment of people with a disability and, to me, that is the biggest scandal," he said.
"Once it just gets people out of their bed, dresses them and once they are not smelly the state doesn’t care. They can sit in their own homes all day."
Mr Kenny said a "recession plan" was needed so that disability services did not continue to be funded on an ad-hoc basis.
Inclusion Ireland chief executive Deirdre Carroll said they had been warned to expect a further cut of 5.5% in the disability budget under the HSE on top of a 1.8% cut last year.
She said the cut would have to come from front-line services because staff pay could not be touched because of the Croke Park Deal.
"There’s no Croke Park deal for people with disabilities," she said.
John Dolan, the chairman of the Disability Federation of Ireland, said he was concerned Ireland’s social infrastructure would be decimated when the country came out of the recession.
"It is our economic sovereignty that has gone west at the moment.
"We still have our social sovereignty and our social responsibility.
"Disability is not a sectorial issue; it is a social issue. 18.5% of the Irish population have one or more disabilities and the percentage is increasing as our population ages.
"There is no coherent plan as to how we are going to protect people with significant disabilities and conditions from the cradle to the grave
Read more: http://irishexaminer.com/ireland/welfare-cuts-leaving-the-disabled-prisoners-167660.html#ixzz1YKVPZPos
Friday, September 09, 2011
Chris Brown gets 95 parking tickets erased
Chris Brown gets 95 parking tickets erased
09 September 2011
R&B singer Chris Brown has managed to clear a legal hurdle as 95 out of the 117 parking tickets he accrued recently have reportedly been dismissed. The 22-year-old was facing around $15,000 in parking violations, mainly for taking up what appeared to be handicapped spaces in the lot at his Los Angeles condo. But now Chris faces only a fraction of the bill as it turns out the spaces were assigned to the With You singer's apartment, meaning he is OK as far as the City of West Hollywood is concerned, according to US website TMZ.com. But Brown still has 22 citations that have not been erased
09 September 2011
R&B singer Chris Brown has managed to clear a legal hurdle as 95 out of the 117 parking tickets he accrued recently have reportedly been dismissed. The 22-year-old was facing around $15,000 in parking violations, mainly for taking up what appeared to be handicapped spaces in the lot at his Los Angeles condo. But now Chris faces only a fraction of the bill as it turns out the spaces were assigned to the With You singer's apartment, meaning he is OK as far as the City of West Hollywood is concerned, according to US website TMZ.com. But Brown still has 22 citations that have not been erased
Saturday, September 03, 2011
Teenager ‘begs’ for help in open letter to Health Minister
Teenager ‘begs’ for help in open letter to Health Minister
Yesterday, 8:00 AM 4,094 Views 31 Comments Share71 Tweet134
A screenshot of Cíara Molloy's blog.
Updated 15.29
A 17-YEAR-OLD DUBLIN girl has made her struggles with depression and anxiety public in order to get the help she needs.
Cíara Molloy has written an open letter to the Minister for Health to “beg” for help. In her letter, she tells Dr O’Reilly that the current psychiatric care for teenagers in Ireland is a “disgrace”.
She told TheJournal.ie that she decided to “go public” about her depression after receiving notice from her local primary care team last Friday that she was offered a place on a ‘stress control’ course.
The idea of a six-week lecture series – held during school hours – was the last straw for the leaving certificate student from Castleknock.
The placement was offered in response to a request for an appointment with a psychologist.
It was as if the whole health system was washing its hands of me.
She sat down at her computer and, like many of today’s teenagers, used the power of the Internet to get her voice heard. She published an open letter to the Minister for Health Dr James O’Reilly on her blog and emailed a copy to the Department of Health, the HSE and several newspapers.
Depression
An outpatient in the endocrine department at Connolly Hospital, the Dublin student has been given an unconfirmed diagnosis of polycystic ovary syndrome. However, that is only one of her health issues.
For the past few years, she has asked on numerous occasions to see a dietician for her difficulties with food. She has also requested to be recommended to a psychologist for her depression and anxiety.
“Everything is related to the depression,” she told TheJournal.ie. “Everything is inter-connected but if you do not fit into one diagnostic area, there is nothing the hospital can do to help you.”
The Leaving Cert student told me that Connolly Hospital could not treat her for an eating disorder as there is only 12 public beds for such patients. Currently, there is an 18-month waiting list, she says.
She is also on a waiting list to see a diabetic psychologist – even though she does not suffer from the illness.
“I had asked to see a dietician and psychologists but dieticians are only offered to coeliacs and diabetics at the moment,” she added. “I was eventually offered a place on the diabetic psychologist’s waiting list but I haven’t heard anything in more than four months.
“I cannot afford to have insurance and go through the private system,” Cíara tells me.
In her letter she wrote:
I cannot afford to see a private counsellor. I can’t afford to see a private dietician. Is the HSE simply going to let me rot because of my socio-economic class? I thought Ireland looked after its people.
Unless you’ve attempted suicide, you can’t even be seen by a counsellor. How is this fair?
Stress control course
Three weeks ago, Cíara visited her GP, who contacted the local primary care team to see what they could do for her.
On Friday, she returned to her Castleknock home to find a letter offering her a place on the stress control course. The talks will be held on Wednesday’s during school hours and drinking habits will be discussed with those attending.
Cíara tells me the series is described by the tag line, “Think Clearer. Learn to control your eating. And control your drinking.”
“I’m 17 and I don’t drink,” was Cíara’s first thought on reading the letter.
“I just broke down crying then,” she said. “The HSE were saying that they do not care.”
Response
Cíara has yet to receive a reply from the Minister for Health or the Health Service Executive.
Contacted by TheJournal.ie, the Department of Health said it could not comment on individual cases but confirmed it had received Cíara’s letter and would “issue a response directly” to her.
The Department added that Dr O’Reilly is “aware” that the HSE has prioritised the development of the Child and Adolescent Mental Health Service and that further multi-disciplinary teams are being developed.
The HSE is yet to respond to TheJournal.ie‘s requests for comment on Cíara’s situation or mental health services available to teenagers in her area.
What next?
Cíara’s parents will take over the fight for the next few months as the 17-year-old enters her final year in school. She says:
My parents consistently call the HSE when I am in school and they have been really involved to date.
I need to get through sixth year without cracking. I want to study law next year.
The motivated teenager has spent the past two weeks on a work experience placement in a solicitor’s office.
For the moment, however, Cíara just wants to feel like there is the possibility of help out there.
Today, Cíara confirmed she had received a letter from the HSE telling her that she would be put on the list for adult help. “It’s not ideal, but better than nothing,” she tweeted.
Here’s her letter in full:
An Open Letter to Minister James Reilly, TD:
Dear Minister Reilly
My name is Cíara Molloy, and I am a 17 year old teenager. For the last few years, I have struggled with anxiety and depression. My local hospital, Connolly Hospital, was unable to treat me, as they didn’t have the funds or manpower to do so. Nor were they able to let me see a dietician for my difficulties with food. Instead, I’ve languished on a waiting list for over a year.
Thanks to my GP, I have been sent a letter by my local primary care team, to attend a ‘stresscontrol’ course. This is not helpful in the slightest. To my mind, this course and letter is simply a way for the HSE to wash their hands of me. The course itself isn’t suitable for me, because, as the letter states, it ‘is NOT group therapy’. Secondly, it is on on a Wednesday morning from 10 – 11.30. Minister, I am going into sixth year, and wish to study Law in college. I cannot afford to take that much time off school, because by the time I get out of the course, go home, get my schoolbag and get the bus to school, it will be 1.30.
Minister, I am begging you to help me. Nobody else seems to want to, and the HSE appear to have washed their hands of me. Psychiatric care for teenagers in this country is a disgrace. There are no facilities. Unless you’ve attempted suicide, you can’t even be seen by a counsellor. How is this fair?
I cannot afford to see a private counsellor. I can’t afford to see a private dietician. Is the HSE simply going to let me rot because of my socio-economic class? I thought Ireland looked after its people.
Yours sincerely,
Cíara Molloy,
Dublin 1
Yesterday, 8:00 AM 4,094 Views 31 Comments Share71 Tweet134
A screenshot of Cíara Molloy's blog.
Updated 15.29
A 17-YEAR-OLD DUBLIN girl has made her struggles with depression and anxiety public in order to get the help she needs.
Cíara Molloy has written an open letter to the Minister for Health to “beg” for help. In her letter, she tells Dr O’Reilly that the current psychiatric care for teenagers in Ireland is a “disgrace”.
She told TheJournal.ie that she decided to “go public” about her depression after receiving notice from her local primary care team last Friday that she was offered a place on a ‘stress control’ course.
The idea of a six-week lecture series – held during school hours – was the last straw for the leaving certificate student from Castleknock.
The placement was offered in response to a request for an appointment with a psychologist.
It was as if the whole health system was washing its hands of me.
She sat down at her computer and, like many of today’s teenagers, used the power of the Internet to get her voice heard. She published an open letter to the Minister for Health Dr James O’Reilly on her blog and emailed a copy to the Department of Health, the HSE and several newspapers.
Depression
An outpatient in the endocrine department at Connolly Hospital, the Dublin student has been given an unconfirmed diagnosis of polycystic ovary syndrome. However, that is only one of her health issues.
For the past few years, she has asked on numerous occasions to see a dietician for her difficulties with food. She has also requested to be recommended to a psychologist for her depression and anxiety.
“Everything is related to the depression,” she told TheJournal.ie. “Everything is inter-connected but if you do not fit into one diagnostic area, there is nothing the hospital can do to help you.”
The Leaving Cert student told me that Connolly Hospital could not treat her for an eating disorder as there is only 12 public beds for such patients. Currently, there is an 18-month waiting list, she says.
She is also on a waiting list to see a diabetic psychologist – even though she does not suffer from the illness.
“I had asked to see a dietician and psychologists but dieticians are only offered to coeliacs and diabetics at the moment,” she added. “I was eventually offered a place on the diabetic psychologist’s waiting list but I haven’t heard anything in more than four months.
“I cannot afford to have insurance and go through the private system,” Cíara tells me.
In her letter she wrote:
I cannot afford to see a private counsellor. I can’t afford to see a private dietician. Is the HSE simply going to let me rot because of my socio-economic class? I thought Ireland looked after its people.
Unless you’ve attempted suicide, you can’t even be seen by a counsellor. How is this fair?
Stress control course
Three weeks ago, Cíara visited her GP, who contacted the local primary care team to see what they could do for her.
On Friday, she returned to her Castleknock home to find a letter offering her a place on the stress control course. The talks will be held on Wednesday’s during school hours and drinking habits will be discussed with those attending.
Cíara tells me the series is described by the tag line, “Think Clearer. Learn to control your eating. And control your drinking.”
“I’m 17 and I don’t drink,” was Cíara’s first thought on reading the letter.
“I just broke down crying then,” she said. “The HSE were saying that they do not care.”
Response
Cíara has yet to receive a reply from the Minister for Health or the Health Service Executive.
Contacted by TheJournal.ie, the Department of Health said it could not comment on individual cases but confirmed it had received Cíara’s letter and would “issue a response directly” to her.
The Department added that Dr O’Reilly is “aware” that the HSE has prioritised the development of the Child and Adolescent Mental Health Service and that further multi-disciplinary teams are being developed.
The HSE is yet to respond to TheJournal.ie‘s requests for comment on Cíara’s situation or mental health services available to teenagers in her area.
What next?
Cíara’s parents will take over the fight for the next few months as the 17-year-old enters her final year in school. She says:
My parents consistently call the HSE when I am in school and they have been really involved to date.
I need to get through sixth year without cracking. I want to study law next year.
The motivated teenager has spent the past two weeks on a work experience placement in a solicitor’s office.
For the moment, however, Cíara just wants to feel like there is the possibility of help out there.
Today, Cíara confirmed she had received a letter from the HSE telling her that she would be put on the list for adult help. “It’s not ideal, but better than nothing,” she tweeted.
Here’s her letter in full:
An Open Letter to Minister James Reilly, TD:
Dear Minister Reilly
My name is Cíara Molloy, and I am a 17 year old teenager. For the last few years, I have struggled with anxiety and depression. My local hospital, Connolly Hospital, was unable to treat me, as they didn’t have the funds or manpower to do so. Nor were they able to let me see a dietician for my difficulties with food. Instead, I’ve languished on a waiting list for over a year.
Thanks to my GP, I have been sent a letter by my local primary care team, to attend a ‘stresscontrol’ course. This is not helpful in the slightest. To my mind, this course and letter is simply a way for the HSE to wash their hands of me. The course itself isn’t suitable for me, because, as the letter states, it ‘is NOT group therapy’. Secondly, it is on on a Wednesday morning from 10 – 11.30. Minister, I am going into sixth year, and wish to study Law in college. I cannot afford to take that much time off school, because by the time I get out of the course, go home, get my schoolbag and get the bus to school, it will be 1.30.
Minister, I am begging you to help me. Nobody else seems to want to, and the HSE appear to have washed their hands of me. Psychiatric care for teenagers in this country is a disgrace. There are no facilities. Unless you’ve attempted suicide, you can’t even be seen by a counsellor. How is this fair?
I cannot afford to see a private counsellor. I can’t afford to see a private dietician. Is the HSE simply going to let me rot because of my socio-economic class? I thought Ireland looked after its people.
Yours sincerely,
Cíara Molloy,
Dublin 1
Friday, September 02, 2011
Family seeks millions from obstetrician, ultrasound clinics after son born with disabilities
Family seeks millions from obstetrician, ultrasound clinics after son born with disabilities
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Bruce R. Bennett/Palm Beach Post Ana Mejia testified Wednesday, August 31, 2011, in the court of Judge Lucy Brown. Ana Mejia's son was born with essentially no arms and only one leg. Now nearly three years old, Bryan is a happy toddler, but Mejia and her husband Rodolfo Santana know his future is bleak. On Tuesday, they asked a Palm Beach County Circuit Court jury to help Bryan Santana live some semblance of a normal life by ordering the Palm Beach Gardens obstetrician and the companies she works for to pay $9 million toward his future care as well as award an unspecified amount for their own pain and suffering.
By JANE MUSGRAVE
Palm Beach Post Staff Writer
Updated: 8:26 p.m. Wednesday, Aug. 31, 2011
Posted: 8:04 p.m. Wednesday, Aug. 31, 2011
Post a Comment E-mail Print Share Larger Type
WEST PALM BEACH — At age 3, Bryan Santana is too young to tell his mother what it's like to see other children chasing each other or tossing a ball, knowing he can't join them.
But, she said, she knows her son, who was born with one leg and arms that end mere inches from his shoulders, gets frustrated.
"He sees kids running and playing. He looks like he wants to do the same, but he just can't," a teary-eyed Ana Mejia told a Palm Beach County Circuit Court jury Wednesday.
Mejia's emotional testimony came on the second day of trial in her multi-million-dollar lawsuit, accusing Palm Beach Gardens obstetrician Dr. Marie Morel and two ultrasound clinics of negligence for not warning her and her husband of their unborn son's disabilities.
Had she known, she said, she would have terminated the pregnancy rather than subject Bryan to what she believes will be a life of physical and psychological pain and untold hardship.
"Definitely, I would have had an abortion," she said.
Despite having seven ultrasounds at OB/GYN Specialists of the Palm Beaches, Perinatal Specialists of the Palm Beaches and St. Mary's Medical Center, no one noticed that her son had only one full limb. She and her husband, Rodolfo Santana, reached a confidential settlement with St. Mary's.
She described how excited she and her husband were when they arrived at St. Mary's on Oct. 15, 2008, where she would have a Cesarean section.
While she had a daughter, Bryan would be the couple's firstborn. "We were so happy that day," she said in her native Spanish, with an interpreter turning her words into English for the eight-member jury.
That joy quickly turned into confusion, then anguish. First, she said, she couldn't understand why they whisked Bryan away shortly after he was born.
When he was brought to her, he was swaddled tightly in a blanket. "We were so happy when we saw him," she said.
Then, she was she told why the baby was secreted away.
"I wanted to die," she said. "I couldn't believe it was happening. My son. My son."
When she finally held him, still swaddled, she hugged and kissed him. She drew up her courage to remove the blanket. "It was heart-breaking to see," she said, struggling to hold back tears.
She and Santana have tried to help Bryan deal with his disabilities. He goes to therapy. He has a prostheses for his missing leg. But, she said, it's uncomfortable for him.
Unlike other toddlers, he can only take a few steps even with her help. Like other toddlers, he likes to play with toys. But with no hands, it's difficult for him to push his trucks or cuddle stuffed animals.
A rehabilitation consultant hired by her lawyers told jurors it will take $9 million to cover the equipment, medical care and services Bryan he will need to live a normal life. The couple is also seeking an unspecified amount for pain and suffering.
Mejia agreed when attorney Mark Rosen, who represents Morel and the clinics, emphasized that no medical worker caused her son's deformities. He showed her forms she signed, acknowledging that she understood that ultrasounds aren't "a warranty that the fetus is normal."
At the urging of Mejia's attorney, Jason Weisser, Circuit Judge Lucy Brown prohibited Rosen from asking Mejia how she could say she would have aborted the son she now loves. The question is not what she would do today, but what she would have done three years ago had she been told of her son's disabilities, Brown said.
Instead, Rosen showed Mejia a photo of a smiling Bryan at Disney World.
"Does he enjoy life?" Rose asked.
"I think so," Mejia said.
"Do you want him to go to college, get married and have kids?" he asked.
"I want the best for him," she answered.
"Does his life have value?" he concluded.
"Yes, a lot of value. Great value," she said.
The trial is expected to wrap up late next week
Remote Infrared Audible Signs (RIAS)
Remote Infrared Audible Signs (RIAS)
resolution draft language
Whereas
Title II of the ADA states that: “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs or activities of a public entity, or be subject to discrimination by any such entity.”
And whereas
Remote Infrared Audible Signs have been proven through various studies and extensive use to provide an effective wayfinding system and greatly enhanced access to the built environment, transportation facilities, and vehicles by people who are blind or visually impaired;
And whereas
Remote Infrared Audible Signs have been installed in many cities in the United States, Japan and Norway and is being installed in the new headquarters for the Canadian National Institute for the Blind in Toronto, Canada;
And whereas
The American National Standards Institute will publish the Remote Infrared Audible Signs specification in section 17.3 of its 2003 ANSI Standards Manual so that the RIAS wayfinding system will function seamlessly from city to city and application to application;
And whereas
This installation of Remote Infrared Audible Signs would greatly enhance accessibility for blind veterans to Veterans Hospitals;
And whereas
A major citywide installation which provides seamless, multi-modal transportation accessibility would prove the value of Remote Infrared Audible Signs as a vital assistive utility to users;
Therefore be it resolved that
The Blinded Veterans Association supports the installation of Remote Infrared Audible Signs at Veterans Hospitals and in transportation systems and public buildings to enhance independent travel for people who are blind or visually impaired.. This specifically includes support of the Washington Area Model Accessibility Project now being considered for Washington, DC and surrounded areas.
AMERICAN COUNCIL OF THE BLIND
AMERICAN COUNCIL OF THE BLIND
RESOLUTION 2003-14
Supports the immediate installation of remote infrared audible signs in the transportation system of Washington, D.C. as a model to demonstrate to the world that it is possible to provide, through the use of these signs, travel independence to people who are blind or visually impaired, and urges its state affiliates to advocate for the use of remote infrared audible signs by transit systems in their states.
WHEREAS, various studies and extensive use have proven that remote infrared audible signs provide an effective wayfinding system which greatly enhances access to the built environment and to transportation facilities and vehicles for people who are blind or visually impaired; and
WHEREAS, remote infrared audible signs have been installed in many cities in the United States, Japan and Norway; and
WHEREAS, the Canadian National Institute for the Blind is installing these signs in its new headquarters in Toronto; and
WHEREAS, this organization has gone on record as supporting the use of this type of mobility aid; and
WHEREAS, the American National Standards Institute is publishing standards for these signs in its 2003 Standards Manual; and
WHEREAS, a major citywide installation providing portal to portal transportation accessibility would demonstrate the value of remote infrared audible signs as a vital mobility enhancement to users; and
WHEREAS, such an installation has been proposed for Washington, D.C.;
NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 11th day of July, 2003, at the David L. Lawrence Convention Center in Pittsburgh, Pennsylvania, that this organization support the immediate installation of remote infrared audible signs in the transportation system of Washington, D.C. as a model to demonstrate to the world that it is possible to provide, through the use of these signs, travel independence to people who are blind or visually impaired; and
BE IT FURTHER RESOLVED that this organization urge its state affiliates to advocate for the use of remote infrared audible signs by transit systems in their states.
Adopted.
Sidewalks, street crossings,
bout this Rulemaking
Sidewalks, street crossings, and other elements of the public rights-of-ways present unique challenges to accessibility for which specific guidance is considered essential. The Board is developing new guidelines for public rights-of-way that will address various issues, including access for blind pedestrians at street crossings, wheelchair access to on-street parking, and various constraints posed by space limitations, roadway design practices, slope, and terrain. The new guidelines will cover pedestrian access to sidewalks and streets, including crosswalks, curb ramps, street furnishings, pedestrian signals, parking, and other components of public rights-of-way. On July 26, 2011, the Board released proposed guidelines for public comment. This proposal incorporates feedback from the public on previous drafts of the guidelines.
Sign up to receive updates on this rulemaking.
Proposed Guidelines
Proposed Guidelines for Public Rights-of-Way (available for comment through www.regulations.gov until 11/23/11) PDF Version
Overview of the Guidelines PDF Version
Press Release
Public Briefing
Regulatory Assessment
Supplementary document: State DOT Curb Ramp Standard Drawings with Detectable Warnings Details
Webinar (August 9)
Related Information
Revised Draft Guidelines (2005) PDF Version
Notice of Availability of Revised Draft Guidelines About this Notice
Draft Guidelines (2002)
Public Comments to the Draft Guidelines (2002)
Background
How the Board Develops Guidelines
Guidance Material
The Board has developed information to provide a source of guidance on various aspects of accessible public rights-of-way until its guidelines are completed. This information includes:
Accessible Public Rights-of-Way: Planning and Designing for Alterations PDF Version
Accessible Rights-of-Way: A Design Guide
Accessible Sidewalks (DVD)
Detectable Warnings Update
Manufacturers of Detectable Warning Products
Research:
Accessible Pedestrian Signals
Common Problems Arising in the Installation of Accessible Pedestrian Signals PDF Version
Detectable Warnings: Synthesis of U.S. and International Practice
Interfacing Audible Pedestrian Signals and Traffic Signal Controllers
Pedestrian Access to Modern Roundabouts
Synthesis of Literature Relevant to Roundabout Signalization to Provide Pedestrian Access
Synthesis of Maintenance and Durability Information for Detectable Warnings on Sidewalks
Visual Detection of Detectable Warning Materials by Pedestrians with Visual Impairments Technical Brief
Information on detectable warnings and accessible pedestrian signals is also available from Accessible Design for the Blind and www.walkinginfo.org
Federal Highway Administration (FHWA) Policy and Guidance
Questions and Answers About ADA and Section 504
Memorandum Clarifying FHWA Oversight Role in Accessibility (9/12/06)
Memorandum on Use of the Revised Draft Guidelines (1/23/06)
Memorandum on Detectable Warning Requirements (5/6/02)
Coverage of Non-Federally Funded Facilities (Civil Rights Restoration Act) (9/2/92)
For Further Information Contact:
phone: 202-272-0025 (voice) or 202-272-0082 (TTY)
e-mail: row@access-board.gov
fax: 202-272-0081
Other Resources
Accessible Design for the Blind
Designing Sidewalks and Trails for Access (Federal Highway Administration guide)
Institute of Transportation Engineers (resources for accessible intersections are available)
Manual on Uniform Traffic Control Devices
www.walkinginfo.org
Guidelines and
Sidewalks, street crossings, and other elements of the public rights-of-ways present unique challenges to accessibility for which specific guidance is considered essential. The Board is developing new guidelines for public rights-of-way that will address various issues, including access for blind pedestrians at street crossings, wheelchair access to on-street parking, and various constraints posed by space limitations, roadway design practices, slope, and terrain. The new guidelines will cover pedestrian access to sidewalks and streets, including crosswalks, curb ramps, street furnishings, pedestrian signals, parking, and other components of public rights-of-way. On July 26, 2011, the Board released proposed guidelines for public comment. This proposal incorporates feedback from the public on previous drafts of the guidelines.
Sign up to receive updates on this rulemaking.
Proposed Guidelines
Proposed Guidelines for Public Rights-of-Way (available for comment through www.regulations.gov until 11/23/11) PDF Version
Overview of the Guidelines PDF Version
Press Release
Public Briefing
Regulatory Assessment
Supplementary document: State DOT Curb Ramp Standard Drawings with Detectable Warnings Details
Webinar (August 9)
Related Information
Revised Draft Guidelines (2005) PDF Version
Notice of Availability of Revised Draft Guidelines About this Notice
Draft Guidelines (2002)
Public Comments to the Draft Guidelines (2002)
Background
How the Board Develops Guidelines
Guidance Material
The Board has developed information to provide a source of guidance on various aspects of accessible public rights-of-way until its guidelines are completed. This information includes:
Accessible Public Rights-of-Way: Planning and Designing for Alterations PDF Version
Accessible Rights-of-Way: A Design Guide
Accessible Sidewalks (DVD)
Detectable Warnings Update
Manufacturers of Detectable Warning Products
Research:
Accessible Pedestrian Signals
Common Problems Arising in the Installation of Accessible Pedestrian Signals PDF Version
Detectable Warnings: Synthesis of U.S. and International Practice
Interfacing Audible Pedestrian Signals and Traffic Signal Controllers
Pedestrian Access to Modern Roundabouts
Synthesis of Literature Relevant to Roundabout Signalization to Provide Pedestrian Access
Synthesis of Maintenance and Durability Information for Detectable Warnings on Sidewalks
Visual Detection of Detectable Warning Materials by Pedestrians with Visual Impairments Technical Brief
Information on detectable warnings and accessible pedestrian signals is also available from Accessible Design for the Blind and www.walkinginfo.org
Federal Highway Administration (FHWA) Policy and Guidance
Questions and Answers About ADA and Section 504
Memorandum Clarifying FHWA Oversight Role in Accessibility (9/12/06)
Memorandum on Use of the Revised Draft Guidelines (1/23/06)
Memorandum on Detectable Warning Requirements (5/6/02)
Coverage of Non-Federally Funded Facilities (Civil Rights Restoration Act) (9/2/92)
For Further Information Contact:
phone: 202-272-0025 (voice) or 202-272-0082 (TTY)
e-mail: row@access-board.gov
fax: 202-272-0081
Other Resources
Accessible Design for the Blind
Designing Sidewalks and Trails for Access (Federal Highway Administration guide)
Institute of Transportation Engineers (resources for accessible intersections are available)
Manual on Uniform Traffic Control Devices
www.walkinginfo.org
Guidelines and
Proposed Guidelines for Public Rights-of-Way: An Overview
Public Rights-of-Way | Home
Proposed Guidelines for Public Rights-of-Way: An Overview PDF Version
This overview highlights provisions in the Access Board's proposed guidelines for accessible public rights-of-way and also includes answers to common questions. The Board's published proposal discusses in greater detail provisions of the rule.
Scope of the Guidelines
The Access Board's proposed guidelines address access to newly constructed and altered public streets and sidewalks covered by the American with Disabilities Act (ADA) and, in the case of those federally funded, the Architectural Barriers Act (ABA) or the Rehabilitation Act. In alterations, these requirements would apply within, not beyond, the planned scope of a project. The guidelines do not apply to existing public rights-of-ways except those portions that are altered. Program access mandates of the ADA and the Rehabilitation Act may require access improvements to existing pedestrian networks, but these obligations are regulated by other agencies, such as the Department of Transportation and the Department of Justice, not the Access Board.
Accessibility Addressed
Many provisions are designed to ensure that public rights-of-ways contain a continuous accessible route that accommodates all pedestrians, including those who use mobility aids. These requirements also benefit many other users, including those traveling with strollers. The guidelines also address access for people who are blind or who have low vision and include requirements to mediate potential hazards along public streets and sidewalks. These include provisions that cover tactile warnings at transitions to streets, accessible pedestrian signals, signalization at traffic roundabouts, and objects that protrude into circulation paths.
Recognized Constraints and Exceptions
The guidelines take into account conditions typical of roadway geometry and common constraints unique to public rights-of-way in order to facilitate compliance and minimize impacts. For example, the grade of accessible pedestrian routes is permitted to follow those of adjacent streets. In alteration projects, departures are allowed where existing constraints, such as terrain, space limitations, drainage requirements, and historic features, make compliance impracticable. The guidelines also exempt from coverage utility vaults and tunnels and other spaces used only by service personnel.
Relationship to Other Guidelines and Requirements
The Board's ADA and ABA Accessibility Guidelines address access to buildings and facilities located on sites. Standards based on these guidelines apply within the boundary of covered sites as defined by property lines and public rights-of-ways. In covering public rights-of-ways, the new guidelines essentially pick up where these guidelines leave off. The proposed rights-of-way guidelines reference requirements in the ADA and ABA guidelines for certain elements, such as toilet facilities and escalators.
The guidelines also refer to requirements in the most recent edition (2009) of the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways to ensure consistency and to avoid redundancy. Specifically, the guidelines invoke MUTCD definitions and technical criteria for temporary alternate pedestrian routes and pedestrian signals and push buttons.
What the Guidelines Cover
The guidelines cover pedestrian features in new or altered public right-of-ways, including sidewalks and other pedestrian ways, street crossings, medians and traffic islands, overpasses, underpasses and bridges. On-street parking, transit stops, toilet facilities, signs, and street furniture are also addressed. The guidelines apply to permanent as well as temporary facilities, such as temporary routes around work zones and portable toilets. Provisions in the guidelines address:
Pedestrian Access Routes (including sidewalks, street crossings, curb ramps/ blended transitions)
Detectable Warning Surfaces
Pedestrian Signals
Roundabouts
On-Street Parking and Passenger Loading Zones
Transit Stops and Shelters
Street Furniture and Other Elements
Pedestrian Access Routes
A continuous accessible pedestrian route at least 4 feet wide is specified along pedestrian networks. Most provisions apply only within this portion of public rights-of-way, although some requirements, such as those limiting hazards posed by protruding objects, apply to all areas of circulation. Specifications for the grade and cross slope of pedestrian access routes take into account factors such as terrain and drainage requirements. Specifications are provided or referenced for route components, including curb ramps, blended transitions such as depressed corners and raised street crossings, ramps, elevators, and handrails.
Pedestrian Signals
The guidelines do not require intersections to be signalized for pedestrians, except at certain roundabouts and channelized turn lanes. Instead, they generally apply MUTCD requirements only where pedestrian signals are provided. Pedestrian signals and push buttons meeting MUTCD criteria integrate discreet locator tones and vibro-tactile indicators of walk/ don't walk cycles. Unlike earlier technologies, current products create very little noise because the low-volume tone, often a ticking sound, is used to indicate the location of vibro-tactile signals and push buttons, not to broadcast walk cycles. The guidelines also specify signal phase timing based on a maximum traveling speed of 3.5 feet per second.
Detectable Warning Surfaces
Detectable warnings, a distinct tactile surface of truncated domes, are specified to alert pedestrians with vision impairments of transitions to vehicle ways and of open drop-offs at transit platforms. The guidelines propose requiring these warnings at curb ramps and blended transitions which remove tactile cues otherwise provided by curb faces. The Board also proposes requiring them at certain pedestrian refuge islands above a specified width, at-grade pedestrian-only rail crossings, and transit stop boarding platforms or areas. Requirements for detectable warnings on curb ramps were previously included in the Board's guidelines for buildings and facilities but were removed in the last update in deference to this rulemaking. Detectable warnings on curb ramps and blended transitions are especially important along public sidewalks where hazards posed by vehicle traffic are greater.
Roundabouts
Circular intersections or “roundabouts,†by their continuous traffic flow and non-linear pedestrian routes, are often difficult for people with vision impairments to safely navigate. The guidelines include requirements for pedestrian activated signals at roundabouts with multi-lane crossings and multi-lane channelized turn lanes. The guidelines also call for tactile barriers or warnings along portions of sidewalks flush against the curb where pedestrian crossing is not intended.
On-Street Parking and Passenger Loading Zones
Where marked or metered on-street parking is provided, the guidelines specify the minimum number that must be accessible based on the total number provided on a block perimeter. In general, at least 4% of spaces must be accessible (scoping lowers to 2% for amounts between 101 and 200 spaces). Adjoining access aisles must serve spaces, but in the case of parallel parking, only where the sidewalks are wide enough (14 feet minimum) to accommodate them. Perpendicular and angled spaces, parking meters and pay stations, and passenger loading zones (other than transit stops) are covered as well. Accessible passenger loading zones are required for every 100 feet of continuous loading zone space provided.
Transit Stops and Shelters
Provisions for transit stops address boarding and alighting areas, including their size and grade, boarding platforms, andprovided shelters. These requirements require sufficient space so that people with disabilities, including those who used wheeled mobility aids, can board or disembark from transit vehicles and have equal access to shelters.
Street Furniture and Other Elements
The guidelines cover street furniture and other elements that serve public rights-of-way, including drinking fountains, toilet facilities, and benches. Some elements are addressed through references to the relevant sections in the ADA and ABA Accessibility Guidelines. Components such as ramps, stairways, and escalators are also addressed, as are signs, protruding objects, and operable parts.
Answers to Common Questions
Will existing streets and sidewalks have to be modified to meet the new guidelines?
No. The guidelines apply only to those portions of public rights-of-way that are newly constructed or altered. They do not apply to existing public rights-of-way outside of planned alterations. Jurisdictions can voluntarily consult the guidelines in undertaking access improvements at existing streets and sidewalks.
Will these guidelines significantly impact the design of streets and sidewalks?
Accessibility in general often has minimal impacts when properly integrated into planning and design. However, constraints and conditions unique to public rights-of-ways can pose significant challenges, which is why the Board is developing these guidelines separately from its guidelines for buildings and facilities. As proposed, the guidelines accommodate typical roadway geometry, such as specifying grades and cross slopes for pedestrian access routes based on the established street grade. Projects involving existing streets and sidewalks may be further constrained by limited space and right-of-way availability, underlying terrain, underground structures, drainage, and other factors. The guidelines allow departures in alterations where existing physical constraints make compliance impracticable. These and other allowances will greatly mediate the impacts of the guidelines.
Won't requirements for accessible pedestrian signals cause noise pollution?
No. Current pedestrian signal devices, which have become the norm, feature discreet tones or ticks that indicate the location of nearby push buttons and tactile signals that silently vibrate to indicate walk cycles. The locator tone is not used to broadcast walk cycles. To be effective, the locator signal is designed to be audible only within the vicinity of the signal or push button. Earlier technologies that used louder chirps and tones to indicate walk cycles are no longer in use and are not required by the guidelines.
Why are requirements for detectable warnings, which were removed from the Board's facility guidelines, included in this rule?
The Board considers detectable warnings on curb ramps and blended transitions important in the public rights-of-way realm where hazards to people with vision impairments posed by vehicle traffic are greater. At facilities located on sites, such hazards are often reduced by lower traffic speeds, traffic calming measures, and pedestrian right-of-way. Detectable warnings re-establish a tactile boundary between pedestrian and vehicular ways that is taken away by the removal of curb faces at ramps and blended transitions. The proposed guidelines, like the Board's facility guidelines, also require detectable warnings along unprotected drop-offs at boarding platforms in transit stations.
What are the next steps in finalizing these requirements?
The Access Board will proceed to finalize the guidelines based on the public comments received on this proposal. Once finalized, the guidelines, though usable, will not actually be mandatory until implemented as enforceable standards by other agencies such as the Department of Transportation and the Department of Justice.
What should be applied to public rights-of-way under design at this time or in the near future?
Design guides and manuals on accessible public rights-of-ways and information gathered in the course of this rulemaking are available on the Board's website as interim resources until these guidelines are completed. In addition, the Board regularly provides technical assistance and training on this subject upon request. For further information, contact the Access Board at ta@access-board.gov (technical assistance), training@access-board.gov (training), (800) 872-2253 (v), or (800) 993-2822 (TTY).
Proposed Guidelines for Public Rights-of-Way: An Overview PDF Version
This overview highlights provisions in the Access Board's proposed guidelines for accessible public rights-of-way and also includes answers to common questions. The Board's published proposal discusses in greater detail provisions of the rule.
Scope of the Guidelines
The Access Board's proposed guidelines address access to newly constructed and altered public streets and sidewalks covered by the American with Disabilities Act (ADA) and, in the case of those federally funded, the Architectural Barriers Act (ABA) or the Rehabilitation Act. In alterations, these requirements would apply within, not beyond, the planned scope of a project. The guidelines do not apply to existing public rights-of-ways except those portions that are altered. Program access mandates of the ADA and the Rehabilitation Act may require access improvements to existing pedestrian networks, but these obligations are regulated by other agencies, such as the Department of Transportation and the Department of Justice, not the Access Board.
Accessibility Addressed
Many provisions are designed to ensure that public rights-of-ways contain a continuous accessible route that accommodates all pedestrians, including those who use mobility aids. These requirements also benefit many other users, including those traveling with strollers. The guidelines also address access for people who are blind or who have low vision and include requirements to mediate potential hazards along public streets and sidewalks. These include provisions that cover tactile warnings at transitions to streets, accessible pedestrian signals, signalization at traffic roundabouts, and objects that protrude into circulation paths.
Recognized Constraints and Exceptions
The guidelines take into account conditions typical of roadway geometry and common constraints unique to public rights-of-way in order to facilitate compliance and minimize impacts. For example, the grade of accessible pedestrian routes is permitted to follow those of adjacent streets. In alteration projects, departures are allowed where existing constraints, such as terrain, space limitations, drainage requirements, and historic features, make compliance impracticable. The guidelines also exempt from coverage utility vaults and tunnels and other spaces used only by service personnel.
Relationship to Other Guidelines and Requirements
The Board's ADA and ABA Accessibility Guidelines address access to buildings and facilities located on sites. Standards based on these guidelines apply within the boundary of covered sites as defined by property lines and public rights-of-ways. In covering public rights-of-ways, the new guidelines essentially pick up where these guidelines leave off. The proposed rights-of-way guidelines reference requirements in the ADA and ABA guidelines for certain elements, such as toilet facilities and escalators.
The guidelines also refer to requirements in the most recent edition (2009) of the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways to ensure consistency and to avoid redundancy. Specifically, the guidelines invoke MUTCD definitions and technical criteria for temporary alternate pedestrian routes and pedestrian signals and push buttons.
What the Guidelines Cover
The guidelines cover pedestrian features in new or altered public right-of-ways, including sidewalks and other pedestrian ways, street crossings, medians and traffic islands, overpasses, underpasses and bridges. On-street parking, transit stops, toilet facilities, signs, and street furniture are also addressed. The guidelines apply to permanent as well as temporary facilities, such as temporary routes around work zones and portable toilets. Provisions in the guidelines address:
Pedestrian Access Routes (including sidewalks, street crossings, curb ramps/ blended transitions)
Detectable Warning Surfaces
Pedestrian Signals
Roundabouts
On-Street Parking and Passenger Loading Zones
Transit Stops and Shelters
Street Furniture and Other Elements
Pedestrian Access Routes
A continuous accessible pedestrian route at least 4 feet wide is specified along pedestrian networks. Most provisions apply only within this portion of public rights-of-way, although some requirements, such as those limiting hazards posed by protruding objects, apply to all areas of circulation. Specifications for the grade and cross slope of pedestrian access routes take into account factors such as terrain and drainage requirements. Specifications are provided or referenced for route components, including curb ramps, blended transitions such as depressed corners and raised street crossings, ramps, elevators, and handrails.
Pedestrian Signals
The guidelines do not require intersections to be signalized for pedestrians, except at certain roundabouts and channelized turn lanes. Instead, they generally apply MUTCD requirements only where pedestrian signals are provided. Pedestrian signals and push buttons meeting MUTCD criteria integrate discreet locator tones and vibro-tactile indicators of walk/ don't walk cycles. Unlike earlier technologies, current products create very little noise because the low-volume tone, often a ticking sound, is used to indicate the location of vibro-tactile signals and push buttons, not to broadcast walk cycles. The guidelines also specify signal phase timing based on a maximum traveling speed of 3.5 feet per second.
Detectable Warning Surfaces
Detectable warnings, a distinct tactile surface of truncated domes, are specified to alert pedestrians with vision impairments of transitions to vehicle ways and of open drop-offs at transit platforms. The guidelines propose requiring these warnings at curb ramps and blended transitions which remove tactile cues otherwise provided by curb faces. The Board also proposes requiring them at certain pedestrian refuge islands above a specified width, at-grade pedestrian-only rail crossings, and transit stop boarding platforms or areas. Requirements for detectable warnings on curb ramps were previously included in the Board's guidelines for buildings and facilities but were removed in the last update in deference to this rulemaking. Detectable warnings on curb ramps and blended transitions are especially important along public sidewalks where hazards posed by vehicle traffic are greater.
Roundabouts
Circular intersections or “roundabouts,†by their continuous traffic flow and non-linear pedestrian routes, are often difficult for people with vision impairments to safely navigate. The guidelines include requirements for pedestrian activated signals at roundabouts with multi-lane crossings and multi-lane channelized turn lanes. The guidelines also call for tactile barriers or warnings along portions of sidewalks flush against the curb where pedestrian crossing is not intended.
On-Street Parking and Passenger Loading Zones
Where marked or metered on-street parking is provided, the guidelines specify the minimum number that must be accessible based on the total number provided on a block perimeter. In general, at least 4% of spaces must be accessible (scoping lowers to 2% for amounts between 101 and 200 spaces). Adjoining access aisles must serve spaces, but in the case of parallel parking, only where the sidewalks are wide enough (14 feet minimum) to accommodate them. Perpendicular and angled spaces, parking meters and pay stations, and passenger loading zones (other than transit stops) are covered as well. Accessible passenger loading zones are required for every 100 feet of continuous loading zone space provided.
Transit Stops and Shelters
Provisions for transit stops address boarding and alighting areas, including their size and grade, boarding platforms, andprovided shelters. These requirements require sufficient space so that people with disabilities, including those who used wheeled mobility aids, can board or disembark from transit vehicles and have equal access to shelters.
Street Furniture and Other Elements
The guidelines cover street furniture and other elements that serve public rights-of-way, including drinking fountains, toilet facilities, and benches. Some elements are addressed through references to the relevant sections in the ADA and ABA Accessibility Guidelines. Components such as ramps, stairways, and escalators are also addressed, as are signs, protruding objects, and operable parts.
Answers to Common Questions
Will existing streets and sidewalks have to be modified to meet the new guidelines?
No. The guidelines apply only to those portions of public rights-of-way that are newly constructed or altered. They do not apply to existing public rights-of-way outside of planned alterations. Jurisdictions can voluntarily consult the guidelines in undertaking access improvements at existing streets and sidewalks.
Will these guidelines significantly impact the design of streets and sidewalks?
Accessibility in general often has minimal impacts when properly integrated into planning and design. However, constraints and conditions unique to public rights-of-ways can pose significant challenges, which is why the Board is developing these guidelines separately from its guidelines for buildings and facilities. As proposed, the guidelines accommodate typical roadway geometry, such as specifying grades and cross slopes for pedestrian access routes based on the established street grade. Projects involving existing streets and sidewalks may be further constrained by limited space and right-of-way availability, underlying terrain, underground structures, drainage, and other factors. The guidelines allow departures in alterations where existing physical constraints make compliance impracticable. These and other allowances will greatly mediate the impacts of the guidelines.
Won't requirements for accessible pedestrian signals cause noise pollution?
No. Current pedestrian signal devices, which have become the norm, feature discreet tones or ticks that indicate the location of nearby push buttons and tactile signals that silently vibrate to indicate walk cycles. The locator tone is not used to broadcast walk cycles. To be effective, the locator signal is designed to be audible only within the vicinity of the signal or push button. Earlier technologies that used louder chirps and tones to indicate walk cycles are no longer in use and are not required by the guidelines.
Why are requirements for detectable warnings, which were removed from the Board's facility guidelines, included in this rule?
The Board considers detectable warnings on curb ramps and blended transitions important in the public rights-of-way realm where hazards to people with vision impairments posed by vehicle traffic are greater. At facilities located on sites, such hazards are often reduced by lower traffic speeds, traffic calming measures, and pedestrian right-of-way. Detectable warnings re-establish a tactile boundary between pedestrian and vehicular ways that is taken away by the removal of curb faces at ramps and blended transitions. The proposed guidelines, like the Board's facility guidelines, also require detectable warnings along unprotected drop-offs at boarding platforms in transit stations.
What are the next steps in finalizing these requirements?
The Access Board will proceed to finalize the guidelines based on the public comments received on this proposal. Once finalized, the guidelines, though usable, will not actually be mandatory until implemented as enforceable standards by other agencies such as the Department of Transportation and the Department of Justice.
What should be applied to public rights-of-way under design at this time or in the near future?
Design guides and manuals on accessible public rights-of-ways and information gathered in the course of this rulemaking are available on the Board's website as interim resources until these guidelines are completed. In addition, the Board regularly provides technical assistance and training on this subject upon request. For further information, contact the Access Board at ta@access-board.gov (technical assistance), training@access-board.gov (training), (800) 872-2253 (v), or (800) 993-2822 (TTY).
Board Releases Rights-of-Way Guidelines for Public Comment July 26, 2011; Updated July 28, 2011
Board Releases Rights-of-Way Guidelines for Public Comment July 26, 2011; Updated July 28, 2011
"The Board welcomes feedback from the public in making the guidelines final."
Nancy Starnes
Access Board Chair
Access Board Webinar
and Public Hearings
WEBINAR (FREE)
August 9, 12:00 – 1:30 (E)
To register visit:
www.accessibilityonline.org
PUBLIC HEARINGS
September 12, 9:30 – 11:30
Sheraton Dallas
San Antonio Ballroom A
400 North Olive Street
Dallas, TX
November 9, 9:30 to 11:30
Access Board Meeting Room
1331 F Street, NW, Suite 800
Washington, DC
On July 26th the U.S. Access Board released for public comment proposed guidelines for accessible public rights-of-way. The guidelines provide design criteria for public streets and sidewalks, including pedestrian access routes, street crossings, curb ramps and blended transitions, on-street parking, street furniture, and other elements. The specifications comprehensively address access that accommodates all types of disabilities, including mobility and vision impairments, while taking into account conditions and constraints that may impact compliance, such as space limitations and terrain, as indicated in an overview of the rule.
"The Board's proposed guidelines are the first of their kind in detailing how public streets and sidewalks can be designed and built to serve all pedestrians, including those with disabilities," notes Nancy Starnes, Chair of the Access Board. "A tremendous amount of work, research, outreach, and input from stakeholders and other interested groups have gone into the making of this proposal, and the Board welcomes and looks forward to additional feedback from the public in making the guidelines final."
The guidelines, once finalized and implemented as standards, will apply to newly constructed or altered portions of public rights-of-way covered by the Americans with Disabilities Act (ADA). They will also apply to public rights-of-way built or altered with funding from the Federal government under the Architectural Barriers Act (ABA) and the Rehabilitation Act. Existing pedestrian networks not undergoing alteration will not be required to meet these requirements. The rights-of-way guidelines complement, and in some areas reference, the Board's ADA and ABA Accessibility Guidelines for buildings and facilities.
The new proposal incorporates public comment the Board received on earlier drafts of the guidelines. While developing these guidelines, the Board has conducted an active outreach and training program to provide needed guidance on the subject in the interim. Under this program, the Board has provided training across the country to various audiences and has met with state and local transportation and public works departments on a regular basis to share information and best practices. In addition, the Board has developed resources, including design guides and checklists, and has sponsored research on detectable warnings, accessible pedestrian signals, and traffic roundabouts.
According to Scott Windley, a Board accessibility specialist involved in this rulemaking, "the training and consultation the Board has provided over the years yielded a two-way flow of information that has been very helpful and instructive in crafting guidelines that are equally responsive to both access needs and to design realities."
The Board held a briefing on the proposed rule on the day it was published and will conduct a public webinar to review the guidelines on August 9. The proposed guidelines can be accessed, and comments to them submitted or viewed, through the Federal government's rulemaking portal at www.regulations.gov. Instructions for submitting comments are included in the proposal. The deadline for comments is November 23, 2011. The Board will hold public hearings on the guidelines in Dallas on September 12 and in Washington, D.C. on November 9.
Further information on this rulemaking is available on the rights-of-way homepage or by contacting Scott Windley at row@access-board.gov, (202) 272-0025 (v), or (202) 272-0028 (TTY).
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