The U.S. Postal Service (USPS) and the General Services Administration (GSA) will adopt a new accessibility standard that will be applied to Federal buildings and facilities that they manage. The new standard is based upon the revisions of the Americans with Disabilities Accessibility Guidelines (ADAAG) and the Architectural Barriers Act (ABA) developed by The U.S. Access Board. As Federal agencies USPS and GSA apply the accessibility standard of the ABA that will be enforced by the U.S. Access Board. The ADAAG portion of the guidelines are applied to private entities and state and local governments and are currently undergoing the rule making process to be adopted as an enforceable standard by the U.S. Department of Justice. The adopted standard will apply to a wide range of Federal facilities managed by the USPS and GSA and will apply to the design and construction of new facilities, and the alterations of existing facilities.

The U.S. Department of Education has issued new guidelines under the No Child Left Behind Act (NCLB) to allow flexibility for eligible states to adjust their progress goals for modified assessments for students with disabilities. These new guidelines are being issued as a result of research that indicates students with academic disabilities can make progress toward grade-level standards when they receive high-quality instruction and modified assessments that are not in accordance with common practices dictated under NCLB.

Julie H. Carroll, Senior Attorney and Advisor, National Council on Disability

This month’s Audio Conference Session will focus on the impact of the ADA and access to public transportation for persons with disabilities. Since the passage of the Americans with Disabilities Act in July of 1990, access to reliable public transportation is still an issue for persons with disabilities. This session will highlight the findings of the National Council on Disability (NCD) report titled "The Current State of Transportation for People with Disabilities" due to be released on Friday, June 17^th. Join the session to learn more about the reports findings and recommendations that NCD will be making to Congress and the U.S. Department of Transportation.

Illinois ADA Project members Martha Younger-White and Alan Goldstein are helping to plan the Illinois statewide ADA celebration. The 15^th Anniversary celebration – "ADA: Renew the Spirit" will be held July 21, 2005 at the J. R. Thompson Center in Chicago, IL and in Springfield, IL on July 26th, 2005.

ADA Indiana will mark the 15^th Anniversary of the ADA on July 26, 2005 with a press conference to be held at the Indiana Capitol Rotunda in which a Report Card detailing the impact of the ADA in Indiana will be read. Following the press conference a public reception will be held at the Arts Garden 1:00-3:30pm downtown in Indianapolis.

The Michigan ADA Steering Committee is sponsoring three events to celebrate the passage of the ADA.

The Disability Network in Flint, MI will be hosting a picnic at Kearsley Park and will feature music provided by a local band, demonstrations of adapted fishing equipment and a raised bed gardening display, an accessible voting machine and the opportunity to register to vote.
For more information, contact Gary Kidd at The Disability Network at 810-742-1800 or via email: garyk@disnetwork.org.

The Disability Resource Center of Southwest Michigan is planning an event at the Kalamazoo Valley Museum in Kalamazoo, MI from 3:00-6:00pm. Roger McCarvil from the PBS program Disability Today will be filming a program during the event. Duncan Wyeth from Michigan Commission on Disability Concerns will be the keynote speaker, and Stan Wakefield from the Great Lakes ADA & Accessible IT Center will be presenting as well. Scheduled events include: a Leader Dog presentation and service animals in training on site, voter registration, free demonstrations in the Planetarium, hands-on assistive technology, a presentation of the upcoming Metro Transit Center and the Kalamazoo/Battle Creek International Airport, and plenty of training and resource information.
For more information, please contact Paul Ecklund at Disability Resource Center of Southwest Michigan at 269-345-1516 (V) or 269-345-5925 (TTY).

The Marquette Community Celebration block party hosted by the Michigan ADA Steering Committee, Superior Alliance for Independent Living, Michigan Protection & Advocacy Service, Inc. and the U.P. Children's Museum will be held on the 100 block of Baraga (in front of the U.P. Children's Museum) in Marquette from 11:30am-3:00pm. The block party will include plenty of food, fun, presentations and resource information.
For more information, contact Superior Alliance for Independent Living at 906-228-5744 or 800-379-7245.

ADA Minnesota will celebrate the 15^th Anniversary of the ADA with a free celebration titled "ADA 15 Years Strong: Then, Now, and Beyond." This event will be held at the Earle Brown Heritage Center in Brooklyn Center from 9:00am-3:30pm, on Tuesday, July 26 2005. The celebration features presentations by Peabody and Emmy-award winning NBC Dateline correspondent John Hockenberry, and Barry Taylor, Legal Advocacy Director at Equip for Equality, Inc., the Illinois Protection and Advocacy organization. Six educational group sessions will take place throughout the day. These sessions will address, aging and disability, mental health issues in the workplace, reasonable accommodations at work, accessible web design, understanding social security and emergency preparedness for people with disabilities. The celebration is open to the public.
For more information about the event, contact ADA Minnesota at 651-603-2015 (V/TTY).

ADA Ohio will collaborate with various organizations, businesses, and the media throughout July in celebration of the 15^th Anniversary of the ADA. Planned activities are:

• Support the twelve Independent Living Centers in Ohio by making special presentations on various topics covering all five titles of the ADA during celebrations being planned by the CILs and by providing various ADA materials for distribution by the CILs
• Present the history of the ADA to businesses during on-going trainings
• Distribute an announcement regarding the 15^th Anniversary to media in all of Ohio’s 88 counties
• Promote the July Audio Conference session on the status of the ADA through the ADA Ohio listserv and web site
• Co-host a luncheon with the Inter-University Council, the collaboration of Presidents of Ohio’s public universities, for ADA Ohio members
• Support the activities of the First Annual ADA Zoo Day through collaboration between the Columbus Zoo and the Columbus Advisory Committee on Disability Issues

The ADA Wisconsin Partnership will mark the 15^th Anniversary of the passage of the ADA with a statewide training conference that focuses exclusively on the ADA. This training will cover the provisions of Titles I, II and III of the ADA and is titled "The ABC's of the ADA". The training will take place in Wausau and Madison, WI on August 10^th-11^th, 2005 respectively and will be aimed at business owners, designers, builders and government agency staff. Sally Conway of the U.S. Department of Justice has been invited to present on both days. Robin Jones of the Great Lakes ADA and Accessible IT Center will provide a keynote address with a look at the past 15 years since the passage of the Americans with Disabilities Act and share her views on future developments.
For updates visit the ADA Wisconsin Partnership web site or contact Tammy Liddicoat 608-334-8105 (V).

Creating inclusive environments for people with disabilities is something that educational entities and businesses should strive to achieve. However, with the vast amount of technology being used in schools and businesses on a daily basis, at times it is hard to determine accessibility. In order to simplify the process accessibility should be considered from: 'macro' – the big picture, and 'micro' – the details. In order to tackle the issues of technological access in educational and work environments, both micro and macro issues must be assessed. Without taking care of the macro issues, users will not even be able to get to the micro issues, and without addressing micro issues, the user will still be left without access to their resources. If the user cannot access the information, then a school or business could be subject to a variety of disability-related legal complaints.

The following scenario provides perspective on accessibility issues that a student may encounter. Mary is a student who wants to use her school's computer lab to work on her Calculus homework.

1. Physical barrier to building - Mary cannot enter building unless it is accessible via ramps, low-resistance doors, accessible door hardware, etc.
2. Physical barrier to find room - once in the building, Mary cannot find the location to room, because of poor signage, or inaccessible maps, kiosks, etc.
3. Physical barrier to get to computer workstation - once Mary finds the room, she cannot access the computer if there is not enough aisle clearance, computer chairs or other furniture are blocking passageways, or if the lab makes use of a 'specially equipped' computer, but located at the back of a room
4. Physical barrier of furniture - once Mary is able to get to her workstation, she cannot work unless the table is of adjustable height to accommodate her wheelchair, or if she is visually impaired and may require additional room for a service animal
   *Also may face barriers if the student uses screen reading software or other sound-driven assistive technology, and the computer does not have physical user-accessible headphone or USB ports
5. Technological barrier to logging into computer - once Mary has finally arrived to her workstation, she will have barriers logging into her school's network if her school's network uses an authentication system that is incompatible with her assistive technology (such as a screen reader), or is confusing to use, do to the requirements to input multiple username paths, domains, etc.
6. Technological barrier to math course web site - once Mary has logged into the network and system, she will face barriers when she tries to access the class website if the authors of her math class website has not coded the pages to accessibility standards, and therefore cannot find out which lesson to start
7. Technological barrier to calculus software - once Mary has started up her calculus software, she will face barriers if the calculus software was not coded by the vendor with accessibility in mind, and thus, will not be accessible via assistive technology, or other user-driven adaptations, such as screen magnification or mouse-less operation.

• Signage (Can users find resource in your facility?)
• Room layout (Can user get to workstation?)
• Furniture considerations (Can different users use the same workstation?)
• Environmental (Is the user's monitor facing windows, so that glare will be an issue?)
• Procurement (Request vendors submit statements of accessibility)
• In-house standards (web-standards, design standards, etc)

• Software accessibility (Is the individual software compatible with user-defined settings or assistive technology?)
• Website accessibility (Are web-based resources accessible? Does the site use plug-in technology to access content?)
• Network resource accessibility (Can users login to network using their assistive technology, or can their assistive technology-specific settings)

Creating accessible environments starts with looking at everyday scenarios and places of possible obstruction for people with a variety of disabilities. As always, it is best to take care of issues at a larger scale at some point, as it will save time in dealing with individual requests for accommodation, etc. For more information on how to create accessible information technology environments, contact Bob Alvarez, Project Coordinator of Accessible IT Initiatives, 800-949-4232 (V/TTY) or via our online contact form.

The U.S. Election Assistance Commission (EAC) is seeking comments on guidelines for new voting systems that can be used by states on a voluntary basis when they are finalized. These guidelines are being developed as part of the Help America Vote Act (HAVA), a federal law that was passed in 2002 to insure that polling places and voting systems are accessible to all Americans. The guidelines address access to voting equipment for all types of users, including those with vision impairments. The guidelines will be reviewed by the Commission, which was established to implement the voting reforms of the act. In addition to overseeing the development of these guidelines, the Commission serves as a national resource for information on the administration of Federal elections, conducts studies on voting system improvements, and administers various grant programs funded by the law. The National Institute of Standards and Technology (NIST), which is providing staff support in developing the guidelines, has posted the current draft and related materials on its website. Informal feedback can be submitted to NIST by e-mail at vote@nist.gov.

A lawsuit filed by Illinois Attorney General Lisa Madigan against Family Video Movie Club, Inc. alleging that the company violated state disability laws governing access to public facilities has been transferred from Sangamon County Circuit Court to Cook County Circuit Court. The suit states that most Family Video stores have accessibility violations that make it difficult or impossible for an individual with a disability to enter the store. The violations include inaccessible parking spaces, steep ramps leading to store entrances, and customer service counters that are too high. The suit will now be prosecuted by Assistant State Attorney General Leah Wade and is currently in the discovery stage of the proceedings.
For more information contact the Illinois Attorney General's Chicago Office at 312-814-5684.

The U.S. 7^th Circuit Court of Appeals affirmed a lower court ruling in the case of Christopher Opsteen v. Keller Structures Inc. that an employee who claimed to be totally and permanently disabled to qualify for benefits under Social Security and the Employee Retirement Income Security Act (ERISA) does not have standing as a qualified person with a disability under the Americans with Disabilities Act (ADA) when the claims contradict the provisions of the ADA. Christopher Opsteen suffered a fall that left him with significant cognitive impairments and he claimed he was unable to perform his job as a laborer in Keller's steel shop. In his claim for benefits he stated that his cognitive impairment presented a risk to himself and others and medical evaluations stated that he was chiefly impaired in memory and attentiveness. Under Keller's ERISA plan Opsteen was required to demonstrate that he could not perform the essential functions of his job even with a reasonable accommodation. Mr. Opsteen's wife and medical information supported his contention. Mr. Opsteen desired to return to work and suggested two accommodations; an indefinite leave of absence and a full-time job coach who would take precautions on his behalf. Because of his prior claims that he was unable to do his job his requests for reasonable accommodation under the ADA conflicted with his claim to receive benefits under ERISA since he was deemed unqualified to perform the essential functions of his job even with a reasonable accommodation to qualify for ERISA. The 7^th Circuit Court affirmed the lower court ruling denying that an employee cannot have standing under both laws when the claims are contradictory in nature.

The Illinois ADA Project has added two new members; Catherine Higginson, a Human Resource Manager for AON Corporation, and Mark Trieglaff of LCM Architects. Planning is proceeding on the Illinois ADA Project's ADA Conference to be held Monday, September 12, 2005, from 8:30am-5:00pm at UBS Tower, 1 North Wacker Drive Chicago, IL. The working title of the Conference is "ADA: Beyond Compliance". This event will target businesses and will include four workshops:

1. A panel discussion titled, "Reasonable Accommodation: Low Cost Options and No Cost Solutions"
2. Website and Computer Access Issues
3. Emerging Employment Issues and Court Interpretations
4. Interaction Between the ADA, FMLA, and Illinois Worker's Compensation Laws

ADA Ohio will present a special workshop titled, "Planning Emergency Procedures for the Workplace" at the Pathways to Employment Conference. This session will focus on practical elements involved with a workplace emergency plan and will include information that people with disabilities can use to prepare individually or as part of an overall plan. Employers will learn that making emergency procedures is a high priority. Employers will also learn what they must do to ensure that people with disabilities are included in the planning and practice of emergency procedures. Members of the ADA Ohio Board of Trustees will present workshops on employment rights under the ADA and on career planning.

I own a small diner that was built in the 1970s. This was prior to accessibility standards under the Americans with Disabilities Act (ADA). I haven't made any alterations to the diner nor have I made additions. A customer contacted me the other day and said that the entrance to the diner and the bathrooms weren't accessible. I told the customer that my business was grandfathered and that I didn't have to make the place accessible unless I was making alterations. The customer said I still had to make my business accessible to people with disabilities even if I hadn't made any changes. Is there such a thing as a "grandfather clause" under the ADA?

No, there is no such thing as a "grandfather clause" under the ADA. Title III of the ADA, which covers places of public accommodation, requires that entities make their goods and services available to individuals with disabilities in the most integrated setting possible. In addition, the ADA requires that places of public accommodation do what is readily achievable in removing existing architectural barriers and communication barriers that are structural in nature to persons with disabilities. The U.S. Department of Justice Title III regulation defines readily achievable as "easily accomplishable and able to be carried out without much difficulty or expense."

Examples of barrier removal include but are not limited to:

• Creating designated accessible parking spaces
• Installing ramps
• Making curb cuts in sidewalks and entrances
• Widening doors
• Installing offset hinges to widen doorways
• Eliminating a turnstile or providing an alternative accessible path
• Installing accessible door hardware
• Repositioning shelves
• Rearranging tables, chairs, vending machines, display racks, and other furniture
• Installing grab bars in toilet stalls
• Rearranging toilet partitions to increase maneuvering space
• Insulating lavatory pipes under sinks to prevent burns
• Installing a raised toilet seat
• Installing a full-length bathroom mirror
• Repositioning the paper towel dispenser in a bathroom
• Installing an accessible paper cup dispenser at an existing inaccessible water fountain
• Repositioning telephones
• Adding raised markings on elevator control buttons
• Removing high pile, low density carpeting or
• Installing flashing alarm lights

The Title III regulations prioritize Barrier Removal for public accommodations as follows:

1. A public accommodation should take measures to provide access to a place of public accommodation from public sidewalks, parking, or public transportation. These measures include, for example, installing an entrance ramp, widening entrances, and providing accessible parking spaces.
2. A public accommodation should take measures to provide access to those areas of a place of public accommodation where goods and services are made available to the public. These measures include, for example, adjusting the layout of display racks, rearranging tables, widening doors, and installing ramps.
3. A public accommodation should take measures to provide access to restroom facilities. These measures include, for example, removal of obstructing furniture or vending machines, widening of doors, installation of ramps, providing accessible signage, widening of toilet stalls, and installation of grab bars.
4. A public accommodation should take any other measures necessary to provide access to the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation. These measures would include: Providing Brailed and raised character signage and providing visual alarms.

The requirement to do what is readily achievable in removing existing barriers is an on-going obligation for places of public accommodation. If something is not readily achievable at the moment then the Title III entity should examine how it will address removing that barrier in the future.

If barrier removal is not readily achievable because it would result in a fundamental alteration in the goods or services offered by a public accommodation or in an undue burden, the public accommodation shall make its goods, services, facilities, privileges, advantages, or accommodations available through alternative methods, if those methods are readily achievable. When determining if something is an undue financial burden a place of public accommodation should consider any tax deductions that are available under IRS Tax Code 190. Businesses can take a $15,000 deduction for the removal of barriers. A tax credit is available for small businesses, less then $1,000,000 in gross revenue or 30 or fewer employees, of up to $10,000 for expenses in removing barriers.

For additional information on readily achievable barrier removal you can contact the Great Lakes ADA and Accessible IT Center at 800-949-4232 (V/TTY) or via our online contact form.

The Great Lakes ADA Center disseminates publications related to all aspects of the ADA to inform and raise awareness of disability issues and to foster voluntary compliance with the ADA. The Great Lakes ADA Center disseminates materials including posters, regulations and technical bulletins on various ADA topics. Materials are available in alternative formats.

The following publications provide general and in-depth information on the accessibility guidelines of the ADA and the obligations of businesses covered under Title III of the ADA to engage in readily achievable barrier removal.

1. Title III Technical Assistance Manual
2. Title III Highlights
3. ADA Checklist for Readily Achievable Barrier Removal
4. ADA Readily Achievable Barrier Removal and Van Accessible Parking
5. ADA Guide for Small Businesses
6. ADA Tax Incentive Packet for Businesses

Hardcopy versions of these documents and as well as other publications concerning the employment provisions of Americans with Disabilities Act can be ordered from the Great Lakes ADA and Accessible IT Center 800-949-4232 (V/TTY) or via our online contact form.

Individuals may also visit an archive of a past Audio Conference session featuring James Aaron McCullough from Disability Law Project, Independent Living Research Utilization Project (ILRU) titled "Historical Properties: There is no such thing as a 'grandfather' clause!"