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LindaH

ADA Advance Notice of Proposed Rule

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To All

 

I came across this in my research on starting a business and did not know if it applies to VAs in the United States. After e-mailing Tawyna, she suggested that it may fit best within this forum.

 

One, since I am not up on ADA and/or web information and services, this is just out there for those who may understand these circumstances better.

 

Two, The rule has not be passed yet. This is the comment stage, with the comment period beginning sometime in July 2010 and ending on January 24, 2011.

 

From what I can understand, this may or may not apply to VAs, but it may further down the road. Also, something that I found interesting was that they may also consider changing the definition of "public accommodations" sometime in the future. Eventually I will become more internet savvy, but now I am continuing to learn about what's on the internet and how to use it.

 

There may actually be VAs that this could affect and if you feel strongly about this proposed rule, I would urge you to comment and find out when the public hearings will take place.

 

I am attaching the Fact Sheet and the information contained in the Federal Register. [if I knew how to post to Google docs, I would. Although I have sent this to another VA and it may be posted in the near future.]

Fact sheet -2010-18334 -Nondiscrimination on the basis of Disability.pdf

2010-18334 -Nondiscrimination on the basis of Disability.pdf

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Title III of the ADA and its

corresponding regulations define a

‘‘place of public accommodation’’ as a

facility whose operations affect

commerce and that falls within at least

one of the following 12 categories:

(1) An inn, hotel, motel, or other place of

lodging, except for an establishment located

within a building that contains not more than

five rooms for rent or hire and that is actually

occupied by the proprietor of the

establishment as the residence of the

proprietor;

(2) A restaurant, bar, or other establishment

serving food or drink;

(3) A motion picture house, theater,

concert hall, stadium, or other place of

exhibition or entertainment;

(4) An auditorium, convention center,

lecture hall, or other place of public

gathering;

(5) A bakery, grocery store, clothing store,

hardware store, shopping center, or other

sales or rental establishment;

(6) A laundromat, dry-cleaner, bank, barber

shop, beauty shop, travel service, shoe repair

service, funeral parlor, gas station, office of

an accountant or lawyer, pharmacy,

insurance office, professional office of a

health care provider, hospital, or other

service establishment;

(7) A terminal, depot, or other station used

for specified public transportation;

(8) A museum, library, gallery, or other

place of public display or collection;

(9) A park, zoo, amusement park, or other

place of recreation;

(10) A nursery, elementary, secondary,

undergraduate, or postgraduate private

school, or other place of education;

(11) A day care center, senior citizen

center, homeless shelter, food bank, adoption

agency, or other social service center

establishment; and

(12) A gymnasium, health spa, bowling

alley, golf course, or other place of exercise

or recreation.

 

According to this, it would seem that a VA does, indeed, fall under the ADA - I would think we would fall in #6, with other professional services such as an accountant or a lawyer. There is also case law to suggest that the ADA doesn't just apply "in" or "on" the premises of a covered entity, but that it basically applies to the services "of" a covered entity, no matter where they are rendered.

 

Good info for us US-based VAs, and definitely something to think about. It would definitely affect us - my website should be fairly accessible already, but it could always be more so. Also, if there are VAs out there that have experience in web accessibility, this might be a good niche as well.

 

Nice catch!

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