Subject: WATA Bulletin Winter 2001
From: UWAT (uwat@u.washington.edu)
Date: Wed Mar 28 2001 - 09:56:23 PST
WATA Bulletin - Winter 2001
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This publication is available in alternative formats upon request.
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Public libraries required by law to make information technology accessible -
Sherrie Brown, J.D., Ed.D., Policy Specialist, UW Center for Technology and
Disability Studies
Public libraries are increasingly cataloging, organizing and tracking
materials electronically, as well as offering access to the Internet. Public
libraries are required by law to make their services-including information
technology-accessible to users with disabilities.
General rule prohibits discrimination
Public libraries cannot discriminate on the basis of disability. Any
resource made available to individuals without disabilities must also be
available to individuals with disabilities, including the library catalogue,
archived microfiche, daily newspapers, and books and magazines. If these
materials are available as electronic resources, they must be available to
users with disabilities.
If a library has a web site, it must be designed with accessibility in mind.
Web browsers installed on library computers should be selected with a
variety of accessibility needs in mind.
Reasonable modifications
Public libraries must make reasonable modifications to allow people with
disabilities equal opportunity to access electronic information systems.
Modifications need not be the exact ones requested by a user; libraries can
choose less expensive or alternative options as long as the modification
allows access. They may not place special charges on individuals with
disabilities to cover the costs of making modifications. For example, if the
library needs to purchase adaptive software to facilitate access to the
Internet, the user cannot be charged for the software.
Provide Auxiliary Aids and Services
A public library must provide auxiliary aids and services if necessary to
ensure effective communication with people with disabilities. Auxiliary aids
include such services or devices as qualified interpreters, assistive
listening devices, television captioning and decoders, telecommunications
devices for deaf persons (TDDs), videotext displays, readers, taped texts,
materials in braille, and large-print materials.
In determining what type of aid or service to provide, a library must give
"primary consideration" to the individual's request. However, the library is
not required to fulfill the individual's request if an alternative aid or
service will provide equally effective communication. For example, an
individual may request an interpreter, but if handwritten notes would be
equally effective in communicating, the law does not require that the
library provide the interpreter.
Do public libraries always have to make modifications or provide auxiliary
aids?
No, not if doing so results in a fundamental alteration to the services or
in an undue financial or administrative burden. However, public libraries
must take another action, if available, that would not result in a
fundamental alteration or undue burdens but would provide access.
The library's financial resources are one factor in determining whether
providing modifications would constitute an undue burden. A small library
with minimal technology would have a stronger argument that purchasing
adaptive equipment is financially prohibitive (undue burden) than would a
large public library with a significant purchasing budget for technology.
How should accessible software be chosen?
The more technology a library uses, the higher the expectation that it will
provide accessible technology. When a library alters its services, it must
ensure that the new services are accessible. Libraries are expected to
develop long-term technology plans that incorporate accessible technology.
But the law does not require that a library have available every type of
adaptive technology or anticipate every user's individual need.
If the library installs software that is widely used and recognized as
meeting accessibility standards, the individual might be required to learn
the software selected by the library.
When a public library selects software or hardware that cannot be adapted,
the subsequent substantial expense of providing access is not generally
regarded as an undue burden, when that cost could have been significantly
reduced by considering the issues of accessibility at the time of initial
selection.
As a user of adaptive technology you have rights to access the electronic
technology used by your public library. The library need not provide the
exact software or hardware that you might find most useful for your
individual accessibility needs. However, it must provide modifications
and/or auxiliary aids to allow you access to the information they make
available to individuals without disabilities, unless this would cause
fundamental alterations or undue burdens.
In small libraries with limited resources, their duty to provide you access
may mean reading the computer screen to you. On the other hand, large
libraries may be required to purchase accessible software if the computers
are not already equipped with readily available technology.
How you can help public libraries
Most librarians are eager to learn how to provide accessible electronic
technology to all users of the library. You can help by making your needs
known, by providing information on what technology is available, and by
referring them to resources on adaptive technology. Resources are available
on the WATA web site at http://wata.org/.
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Legal Update: PGA Tour v. Casey Martin -
Sherrie Brown, J.D., Ed.D., Policy Specialist, UW Center for Technology and
Disability Studies
An important case involving the Americans with Disabilities Act (ADA) was
argued before the U.S. Supreme Court on Jan. 17. In PGA Tour, Inc. v.
Martin, the Court was asked to decide a case under Title III of the ADA.
Title III covers the activities and services of places open to the public
("public accommodations").
The facts in the Martin case are simple. Casey Martin is a very talented
professional golfer with a circulatory disorder that limits his ability to
walk. Although use of a golf cart is allowed in collegiate competition as
well as in most professional golf competitions governed by the Professional
Golfing Association (PGA), the PGA refused to allow him to use a cart on the
PGA Tour. They argued that the fatigue factor involved in walking the course
is an essential part of the Tour, which offers the highest level of
competition in golf.
Mr. Martin sued, arguing that the PGA is required to make a reasonable
modification to its rule-i.e., allow him to ride in a cart-so that, as a
person with a disability, he can compete.
The PGA made two arguments in response. First, it argued that the Tour is
not covered under Title III because it is not "open to the public," and
therefore the PGA cannot be sued under Title III by a golfer. While the
public can watch the competition, only very select athletes are allowed to
compete in the Tour.
Second, in case the Court were to hold that Martin can in fact sue the PGA,
they argued that walking is essential to the competition and riding a golf
cart instead would "fundamentally alter the nature of the game." The ADA
does not require public accommodations to fundamentally alter their services
or programs.
The Ninth Circuit Court of Appeals ruled in favor of Martin, holding that
the PGA is covered by Title III and that riding a golf cart is a reasonable
modification to the walking rule. The PGA appealed to the Supreme Court.
Martin is clearly an important case for athletes with disabilities who face
rules that may limit their participation in tournaments. But it also has
larger implications for the rights of individuals with disabilities because
it challenges two key principles of the ADA:
First, the ADA gives courts the authority to review decisions of employers,
places of public accommodation, and local and state governments to ensure
that disability rights are protected. The PGA believes instead that courts
should give deference to the rules of the PGA.
Second, the principle of "individualized determination" and case-by-case
consideration of requests for accommodations or modifications is a hallmark
of the ADA. The PGA does not believe that it should be required to consider
each request for accommodation or modification individually.
The Supreme Court's decision in the Martin case is expected in early summer
2001.
(In the last WATA Bulletin we reported on an ADA Title II case, University
of Alabama v. Garrett, argued before the Supreme Court in October 2000. A
ruling in the case has not yet been issued.)
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Calendar of Events
Technology and Persons With Disabilities
March 19-24, Los Angeles
Center on Disabilities at California State University, Northridge hosts its
16th annual international conference on assistive technologies. Keynote
speaker is John Hockenberry, award-winning international correspondent with
"Dateline NBC." Information: Center On Disabilities, CSUN, 18111 Nordhoff
St., Northridge, CA 91330-8340, 818-677-2578, or www.csun.edu/cod/.
RESNA 2001 Annual Conference
June 22-26, Reno, Nevada
RESNA 2001, sponsored by the Rehabilitation and Assistive Technology Society
of North America, brings together people who use, develop, manufacture and
deliver assistive and rehabilitative technologies. Topic of the Annual
Research Symposium is Telecommunications. Information: RESNA, 1700 N. Moore
Street, Suite 1540, Arlington, VA 22209-1903, 703-524-6686, info@resna.org
or www.resna.org/.
AAC in the Mountains 7th Annual Conference
July 19-20, Park City, Utah
Featured Workshops include: "Autism, AAC and Positive Behavior Support" and
"Literacy, Play, and Autism." Information: Creative Communicating, P.O. Box
3358, Park City, UT 84060, 435- 645-7737, aac@creative-comm.com, or www.
creative-comm.com/aac00.html.
For calendar updates, visit the Web at
http://wata.org/calendar.htm
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WATA Bulletin
Box 357920
Seattle WA 98195-7920
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e-mail: uwat@u.washington.edu
Visit our Web site at http://wata.org
The WATA Bulletin is supported by grant H224A3006 from the National
Institute on Disability and Rehabilitation Research, U.S. Department of
Education, to the Division of Vocational Rehabilitation, Olympia, WA.
Washington Assistive Technology Alliance
University of Washington
Center for Technology and Disability Studies
Box 357920
Seattle, WA 98195
685-4181 Voice
616-1396 TTY
543-4779 Fax
uwctds@u.washington.edu
http://wata.org/
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